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नालिश – Nepal America Legal Information Center

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US Law Schools

Congratulations ! Gopal Shah, Esq.

Nepal America Legal Information Center congratulates, Attorney Gopal Shah, Esq., on passing the New York Bar Exams held on July 2011.
Advocate Gopal Shah, a licensed lawyer from Nepal has extensively practiced in the areas on International Human Rights, Child Rights, CAT, ICCPR, ICESCR, CEDAW, International War Crimes and Corporate Law of Nepal. Mr. Shah has a LLM from Tribhuwan University, Nepal and Golden Gate University, School of Law, San Francisco. He has been engaged with The Bhatta Law Firm, PC for the last 2 years.

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University of Baltimore School of Law Master of Laws program in the Law of the United States (LL.M. LOTUS)

University of Baltimore School of Law Master of Laws program in the Law of the United States (LL.M. LOTUS) expresses its interest in admitting Nepali Lawyers and Law Graduates for its successful nine-month degree program designed for law graduates who earned their first degree in law outside the U.S.  and seek to become familiar with American law and the legal system.  Students educated in 26 countries from across the globe have graduated from the program.  LL.M. LOTUS alumni have become members of the New York, District of Columbia and Maryland bars and are employed in a variety of legal practice, business and government settings.  Lawyers educated outside the U.S. who are interested in becoming familiar with the U.S. legal system, please note that the School of Law is now accepting applications for admission to the 2010-11 LL.M. LOTUS program.  The LL.M. LOTUS “U.S. Practice” track provides the students 26 credits of bar-tested courses, an education requirement of the D.C. bar for lawyers educated outside the U.S.  The School of Law provides a robust week-long orientation, excellent education with academic support services, and career services after graduation.  Detailed information about it is posted on http://www.law.ubalt.edu/lotus.

Please contact Jane E. Schukoske, Director, Master of Laws Program in the Law of the United States at (410) 837-6761 or at jschukoske@ubalt.edu if you have any questions.

Issued in Public Interest and per requested for dissemination by University of Baltimore.

ANLUS welcomes Advocate Rabin Subedi

ANLUS welcomes Advocate Rabin Subedi in the United States.

Advocate Rabin Subedi is in the US in Columbia University as a Visiting Scholar. He is also a part of LLM student in a full scholarship offered by Public Interest Law Institute. He will be in Columbia University for four months and three months for internship at an organization assigned by Public Interest Law Institute. After 8 months in the US, Advocate Subedi is scheduled to go to Hungary for two months in the human rights field.

Advocate Subedi, a leading young human rights defender in Nepal, completed his LLM from Tribhuwan University in 2002.

New Member : Debbie Satyal (JD)

Debbie Satyal recently graduated with a JD from Boston College Law School in May 2008. Satyal also has a Master of Arts in Political Science from Florida Atlantic University (2005) and a Bachelor of Science in Public Relations and Political Science from University of Florida (2004). Satyal is a Law School Alumni Association Scholar, Recipient of William O’Keefe Award and University “Committed to Change” Award, participant of the National Mock Trial Team, President of South Asian Law Student Association, the Chair of Law Student Association Diversity Committee, President of Zeta Phi Beta Sorority, Founder of the Nepali Student Association and a proud Recipient of the Political Science Outstanding Achievement Award.

Satyal has worked with JM Family Enterprises, Inc. as a Law Clerk to Vice-President and General Counsel (2007) in the field of intellectual property trade matters; with Roselli & Vasudeva, LLP/Boston College Law School Immigration Clinic (2006) interviewing and preparing asylum trials; with Boston College Immigration and Asylum Project (2006) litigating deportation trial in Immigration Court, drafting direct examination and expert testimony questions and conducting screening interviews for potential immigration clients and assessing relief options. Satyal was also a Teaching Assistant for American Government and International Relations at Florida Atlantic University, Political Science Department (2004-2005). Satyal is multilingual in English, Spanish and Nepali. Satyal appeared for the New York State bar in July 2008 and currently awaiting her results.

Satyal’s publication: Alexander Ndaula & Debbie Satyal, Rafiu’s Story, in Keeping Out the Other: A Critical Introduction to Immigration Enforcement Today (Philip Kretsedemas & David C. Brotherton eds. Columbia University Press, April 2008).

The July 2008 Bar Exams – Good Luck Examinees !!!

The California Bar Exam

All data provided below are subject to change by a decision at any time by the California bar examiners.  When any changes are made, they will be posted on this site. (Source: http://www.californiabarreview.com/)

The California Bar Exam is a three-day exam — Tuesday, Wednesday, and Thursday — with the essays and performance questions on Tuesday and Thursday and the multiple-choice Multistate Bar Exam on Wednesday.

First Day (Tuesday) morning session: Three hours  – Three California Essay Questions

First Day (Tuesday) afternoon session: Three hours – One California Performance Test problem

Second Day (Wednesday) morning session: Three hours – Multistate Bar Examination (MBE) 100 Multiple-Choice questions.

Second Day (Wednesday) afternoon session: Three hours – Multistate Bar Examination (MBE) 100 Multiple-Choice questions.

California requires that you sit for the MBE as part of the California bar exam. California does NOT accept your score from an MBE taken in another jurisdiction. For further details on the MBE, click here.

Third Day (Thursday) morning session: Three hours – Three California Essay Questions

Third Day (Thursday) afternoon session: Three hours – One California Performance Test problem

Subjects Tested on the California Bar Exam: MBE Subjects : Constitutional Law, Contracts/Sales, Criminal Law/Procedure, Evidence, Real Property, Torts and

California Essay Subjects : Civil Procedure, Corporations, Community Property, Professional Responsibility, Remedies (Equity), Trusts, Wills & Succession, plus the six MBE subjects.

All subjects on the California essay portion are generic, based on general principles of law, except for three subjects – Community Property, Professional Responsibility, and 
Wills
are based on California law.

Grading of the California Bar Exam:

Your score on the MBE accounts for 35% of your total score.  Your score on the essay questions and performance tests accounts for 65% of your total score. California generally releases the results of the Summer exam in about 16-18 weeks and the results of the Winter exam in about 12-14 weeks.

The New York Bar Exam

All data provided below are subject to change by a decision at any time by the NYS Board of Law Examiners.  When any changes are made, they will be posted on this site. (Source: http://www.nybarreview.com/)

The New York Bar Exam is a two-day exam — Tuesday and Wednesday — with the New York essays and MPT on Tuesday and the multiple-choice Multistate Bar Exam on Wednesday.

First Day (Tuesday) morning session: 3 hours, 15 minutes – Three Essay Questions and
50 New York Multiple-Choice (NYMC) questions – Recommended time allocation: 40 minutes per essay question, 1 minute 30 seconds per NY Multiple-Choice question.

First Day (Tuesday) afternoon session: 3 hours – One Multistate Performance Test (MPT)
For details on the MPT, click here. Two Essay Questions – Recommended time allocation: 90 minutes for the MPT and 45 minutes for each essay.

Second Day (Wednesday) morning session: 3 hours – Multistate Bar Examination (MBE) 100 Multiple-Choice questions.

Second Day (Wednesday) afternoon session: 3 hours – Multistate Bar Examination (MBE)
100 Multiple-Choice questions.

For details on the MBE, click here. For details on transferring an MBE score, click here.

If you take two bar exams at the same time (local in New York on Tuesday, local in the other jurisdiction on Thursday, MBE in either state on Wednesday), New York will accept the score of the MBE taken in either state.  The most popular combinations are NY-NJ, NY-CT, and NY-MA.  The requirements keep changing, so check first with BOTH states.

Subjects Tested on the New York Local Portion: Agency, Commercial Paper, Conflict of Laws, Corporations, Domestic Relations, Equitable Remedies (Equity) , Estate Taxation, Federal Jurisdiction, Future Interests, Mortgages, No-Fault Insurance, New York Practice & Procedure, New York Professional Responsibility, Partnership, Personal Property, Secured Transactions, Trusts, Wills, Workers’ Compensation.
Plus New York distinctions for the six MBE subjects: Constitutional Law, Contracts/Sales, Criminal Law/Procedure, Evidence, Real Property, Torts


Grading of the NY Bar Exam:
The New York essays, the New York multiple-choice, the performance test, and the MBE are each graded separately. The raw score for each of the four parts is then scaled, by converting each raw score to a 0-1,000 grid (thus equating the scoring of each part). But each part has a different weight. So the scaled score for each part is weighted, by multiplying it by its percentage weighing factor.

Five Essay Questions — 40%
NY Multiple-Choice (NYMC)  — 10%
Multistate Bar Exam (MBE)  —  40%
Multistate Performance Test (MPT) — 10%

See: Sample New York Grading Sheet

The New York results are generally released in mid-November for the Summer exam, and in early May for the Winter exam.

Top 10 Law Schools With the Best Classroom Experience

The Best 170 Law Schools: 2008 Edition features a brand new ranking list for students: “Best Classroom Experience.” The quality of your classroom experience at law school will be influenced by a number of factors. Are your professors good teachers? How well does the curriculum balance legal theory with practical lawyering skills? Are diverse opinions tolerated in the classroom? These are some of the factors we considered to come up with the schools on the list. According to The Princeton Review’s survey of 18,000 students from the nation’s best 170 law schools, these 10 schools offer their students the best experience in the classroom.
While you will get a rigorous legal education at Loyola, don’t expect to attend an endless series of boring lectures. The school’s “brilliant [and] accessible” teaching staff draws praises for being able to “communicate the complex clearly. They’re also a damn funny lot, which goes a long way when you’re slogging through a 14-week course on civil procedure.” On top of that, the teaching staff is generally described as “wonderful and supportive,” always willing to lend academic or personal support. A first-year law student recounts, “All of the professors really care about their students; I even had a criminal law professor that would bring cookies and brownies in for the class.”

Students who considered Loyola Marymount also looked at Pepperdine University, University of California-Davis, University of Southern California and Southwestern University School of Law.

2. Duke University (Durham, N.C.)
“Accessible” seems to be the foremost trait of the knowledgeable faculty at Duke Law School. “I think most of my classmates, including myself, have been to at least one of our professors’ homes for dinner,” says one second-year law student. Though many students wish for “a more diverse faculty,” students across the board rave about professors’ open-door policies and “special interest in helping you succeed.” Instructors “are proud to be a part of the Duke community,” and it shows in their teaching. “My constitutional law professor from last year is now the adviser on my independent study, and he treats me like I’m a client — he always e-mails me back within a few hours, which is nuts since he always happens to be arguing in front of the Supreme Court!”

Students who considered Duke University also looked at Columbia University, New York University, Georgetown University and University of Pennsylvania.

3. Stanford University (Stanford, Calif.)
“The academic experience at SLS is wonderful.” For some students, it “could not possibly be better.” “Resources are deep, especially because the class is so small.” The small class size “leads to countless opportunities to participate” in and out of the classroom. “There is a lot of freedom to chart your own academic course after your first semester.” (“It’s like a liberal arts college, only it’s a law school,” submits one student.) SLS has poured tons of resources into its clinical and public interest programs in the past five years. “Stanford now offers many courses geared towards public interest–minded individuals and the Public Interest Center offers much help in job placement.”

Students who considered Stanford University also looked at Harvard University, Yale University, New York University and Columbia University.

4. Vanderbilt University (Nashville, Tenn.)
The course selection at Vanderbilt leans to a “general legal education.” In recent years, however, many students have called for “more formal specialization programs,” and the “responsive” administration is taking action. Already in possession of a “very strong business law program,” the school is “currently working on creating … a program in technology and entertainment law.” In addition, “new concentrations [are] being developed by the faculty” in areas such as “regulatory concerns and litigation.”

Students who considered Vanderbilt University also looked at Cornell University, Georgetown University, University of Michigan and University of Virginia.

BU’s “incredibly personable” professors “love to teach.” “They encourage debate and [a] thorough understanding of the material,” explains one student. They “put 150 percent into every single class” and in return “expect a lot out of you which makes you work harder.” Their “quirky teaching styles … make even tedious subjects interesting,” leading one professor to “sing to us about restitution to the tune of ‘SexyBack’ by Justin Timberlake,” says an impressed first-year law student. Not surprisingly, the faculty is “very approachable outside of the classroom,” and students find it “very refreshing to have such a small school feel at such a large university.”

Students who considered Boston University also looked at Boston College, Fordham University, The George Washington University and New York University.

Students swear that their school has, “without a doubt, the best faculty in the country.” The professors are “unquestionably the greatest part of this school.” Somehow “they manage to produce brilliant work” while maintaining “a real emphasis on teaching” and making students “feel like top priority.” “It’s incredible to take classes from Cass Sunstein, Richard Epstein, and numerous others as a first-year law student, and to find out how accessible they are,” beams one satisfied student. These “rock stars of legal academia” “treat students with respect,” “are often in the common areas, and readily have lunch with students.” “I have been amazed by the accessibility of my professors, particularly considering who they are,” says a third-year law student. “They are always available for office hours.”

Students who considered University of Chicago also looked at Columbia University, Harvard University, University of Pennsylvania and University of Virginia.

7. Chapman University (Orange, Calif.)
“While I don’t doubt that there are institutions throughout the country with professors as knowledgeable and experienced … I highly doubt that any other school offers students the chance to interact and participate with those top scholars in the actual representation of clients in cases of particular constitutional import. I certainly don’t know of many second-year law students students whose work is cited by the Senate Judiciary Committee!” In the area of academic support, a first-year law student writes: “All of my professors have been willing to meet with students to review exams and assignments, some even scheduling weeks of extended office hours to accommodate everyone and even holding meetings to conduct review problem sessions.” In addition, many “successful upperclassmen run small study groups.”

Students who considered Chapman University also looked at Pepperdine University, University of the Pacific, University of San Diego and University of San Francisco.

8. University of Michigan (Ann Arbor, Mich.)
The University of Michigan Law School “is definitely a special place.” “Just entering the law quad puts into perspective the good fortune students have in attending this great institution,” says a third-year law student. A faculty features “a good mix of ‘institutions’ and up-and-comers,” making for “an interesting and unique educational experience.” The “engaging” and “hilarious” professors here are “academic rock stars” who “challenge you and help you think about the law in novel ways.” “Our professors are definitely brain ninjas,” declares a second-year law student. Professors “have open-door policies” and are “truly available to meet with you and help you in any way they can.” The administration is “very approachable.” “Michigan students adore their school, and the school adores them right back,” says one student. “I’ve e-mailed various deans and had my e-mails returned within minutes.”

Students who considered University of Michigan also looked at University of Chicago, Northwestern UniversityColumbia University and Pennsylvania State University.

9. Georgetown University (Washington, D.C.)
Many professors are considered to be “masters of their fields,” which, “can at first be intimidating,” but then “They will insist that you call them by their first name” and “You will find yourself wanting to hang out during their office hours.” First-year classes tend to be big, but even in the larger lecture courses the instructors are “are able to facilitate great conversation and debate.” In the smaller classes, the “genius of conversational teaching is fully developed,” and an ongoing orientation program offers first-year students lessons on how to take notes, study for exams and develop other study skills. The Law Center’s unique alternative First-Year Curriculum B concentrates on making law school applicable to the legal world, and focuses heavily on jurisprudence and historical context, combining Torts and Contracts into one yearlong class.

Students who considered Georgetown University also looked at Cornell University, Vanderbilt University, University of California-Berkeley and University of Pennsylvania.

10. Northwestern University (Chicago, Ill)
Northwestern’s “brilliant” and “very friendly” faculty is made up of “nationally and internationally renowned scholars” who have “a great sense of humor.” Students have “an unparalleled opportunity to learn from the best, starting right at the beginning.” “My classes and instruction have ranged from very good to simply outstanding,” relates a second-year law student. “I’d go so far to say that my constitutional law class was one of the most intellectually stimulating courses I’ve encountered.” Professors are “accessible” and “The professors seem to really enjoy talking to students outside of class.” “It is not uncommon for them to stop me in the hallway and chat about a class topic, my journal comment or even college football,” explains a student.

Students who considered Northwestern University also looked at University of California-Berkeley, University of Pennsylvania, University of Chicago and Georgetown University.

The MBA / JD program :: Willamette University

Double your education and maximize your career potential with a joint degree program in business and law at Willamette University.

The MBA / JD program combines the respected resources of Willamette University’s College of Law and Atkinson Graduate School of Management. Willamette’s program is the only joint MBA / JD  program in the United States to have triple accreditation for law (American Bar Association), business (AACSB International), and public management (NASPAA).

The program allows students to receive both degrees within four years of full-time study, instead of the five years it would take to earn each degree separately.  Candidates for the joint degree program must apply and be admitted to both the Willamette University College of Law and the Early Career MBA program of Willamette University’s Atkinson Graduate School of Management.

Learn more: Request information from Willamette University

The Program

During the first two years of the joint degree program, students complete one academic year in the MBA program and one in the law program. The academic year in the Early Career MBA program includes a combination of MBA core and elective courses.

During the third and fourth years, students are concurrently enrolled in the law and Early Career MBA programs and are able to focus the majority of their studies on their individual interests. Student will complete a minimum of 6 MBA elective courses. Generally, third and fourth-year MBA / JD students will take two-thirds of their courses at the College of Law and one-third at the Atkinson School.

The MBA program offers the following career areas of interest:

  • Accounting
  • Finance
  • General Management
  • Human Resources
  • Information Systems
  • International Management
  • Marketing
  • Organizational Analysis
  • Public Management
  • Quantitative Analysis

The College of Law offers the following practice areas of interest:

  • Corporate and Commercial Law
  • Criminal Law
  • Environmental/Natural Resources
  • Estate Planning
  • Government
  • Individual Rights
  • International Law
  • Labor and Employment
  • Litigation & Dispute Resolution
  • Real Estate
  • Tax

At the end of the program, graduates receive both the Doctor of Jurisprudence (JD) and the Master of Business Administration (MBA).

Maximum Career Potential

The MBA / JD program’s triple accreditation gives its graduates a leg up in the marketplace, especially in the areas of corporate law, trust administration, tax law, regulation, public sector management, entrepreneurial ventures, consulting and private legal practice. In addition, the MBA program’s emphasis on experiential learning provides graduates with the skills they need for success.

About Willamette University

Willamette University is one of the nation’s oldest academic institutions. Willamette University’s campus in Salem, Oregon, is spacious and beautiful. The location offers the advantages of one of the nation’s most livable cities (population 131,000), and easy access to the professional and recreational resources of the Pacific Northwest.

The College of Law has been a pioneer of legal education in the western United States. With its strategic location across the street from the state Capitol complex, the College of Law is situated in the midst of Oregon law, government and business.

The Early Career MBA at Willamette University is a national leader in early career MBA education. The MBA program has been selected as one of the top 58 programs for preparing MBA’s for social and environmental stewardship by “Beyond Grey Pinstripes.”

Learn more: Request information from Willamette University

Introduction: Kripa Upadhyay, Esq.

Having earned her Juris Doctor (J.D) degree from the Seattle University School of Law in 2007, Kripa is an Immigration Attorney with the law firm of Carney & Marchi, P.S where she practices all areas of Immigration & Nationality Law in addition to a limited practice in Criminal Defense.
Currently serving as the Chair of the Citizenshih Day Committee for the WA state chapter of American Immigration Lawyers Association (AILA), Kripa is also actively involved with various social service organizations.
Kripa volunteers as a Pro-Bono attorney for the Northwest Immigrant Rights Project (www.nwirp.org), a non-profit organization that provides free legal assistance to low income immigrants and is also a board member for Nepalese Children’s Education Fund (NCEF), a non profit organization that educates children from economically and socially disadvantaged families in Nepal (www.nepalchildren.org)
Licensed to practice before the Supreme Court of the State of Washington, Kripa is also licensed to practice before the United States Distrcit Court for the Western District of Washington.
Kripa can be contacted via the following:
Carney & Marchi, P.S
108 S. Washington Street, Suite 406
Seattle, WA 98104
Phone: 206 -224-0909

Article: Intellectual Property Law

By Sirjana Sharma – LL.M.: Dedman School of Law – SMU

Overview

In the modern world we have different kinds of property which we want to protect under the law. Apart from the individual’s property like own cars, computers, house, land or other tangible goods, individuals have ownership right upon their own invention and, creative works and, they want to protect the investment. These all new forms of properties are protected by the intellectual property law in the new arena of legal development.

 

According to the Robert Spinard, Xerox Corp. there are two types of intellectual property which we want to protect. First, the brilliant invention, the idea, the notion that makes a new product and the insight that makes a whole new industry. Next, we want to protect the investment and the hard work. This is the grunt work. This is the pick-and-shovel engineering that turns the idea, the prototype, into a reliable, distributable, maintainable, documented and supportable product.[1]

 

Intellectual Property is generally characterized as non-physical property that is the product of cognitive processes and whose value is based upon some idea or collection of ideas[2]. Continue reading “Article: Intellectual Property Law”

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