Study Aid Spotlight- Getting to Maybe: How to Excel on Law School Exams

Welcome to Study Aid Spotlight! This is a new, semi-regular series that will pop up at the Blackacre Times from time to time, especially as we near exam season. As the name suggests, each installment of Study Aid Spotlight will take an in-depth look at one particular study aid, discussing what it covers and why its useful. Go here if you want some study aid-related tips (alongside some choice iambs), or check out our Study Aid Finder for an easy entryway to the library’s collection. In this first installment of Study Aid Spotlight, Digital Services Librarian Gerard Fowke takes a closer look at Fischl & Paul’s classic Getting to Maybe: How to Excel on Law School Exams.

Here at the Blackacre Times, our ‘all-time’ most popular post is ’14 grad Hanish Patel’s convincing case for Glannon’s CivPro E&E as the ‘all-time’ #1 study aid. And it’s easy to see why the CivPro E&E might warrant such effusive praise: Professor Glannon’s masterful hypos force students to think critically about these storied doctrines, and his witty presentation makes this rather dry material quite memorable.

But I’m here to tell you that Richard Michael Fischl & Jeremy Paul’s Getting to Maybe 1 gives Glannon a run for its money.

Why? Well, it’s right there in the subtitle. ‘Law Schools Exams’ can seem awfully important, and G2M is all about ‘How to Excel ’ on these challenging and mysterious assessments. And unlike Glannon, which will only help in CivPro, G2M’s focus on exam-related skills will help you in all of your classes. Every. Single. One.

Notably, this helpfulness even encompasses those classes without a traditional law school exam. That’s because this study aid’s exam-oriented focus is really just the tip of the iceberg. Although its strategies will undoubtedly prove helpful when untangling an end-of-semester issue-spotter, that’s only because everything about law school revolves around G2M’s true topic: legal analysis.

For example, take Chapter 6, titled “Forks in the Facts.” Here, Fischl & Paul start by telling us they plan to look at a “variety of ways in which laws are structured by category” and explain the challenges of categorizing “a particular set of facts.” Then they proceed to do just that, with subchapters on oft-seen iterations of this analytical concept, such as “Rule vs. Exception,” “Categories as Elements of Legal Rules,” and “Facts on Both Sides.” For each, the authors illustrate their ideas with clear examples drawn from the casebook canon (some even involving everyone’s favorite fictional estate).

But this “categorical” habit of thought will only help you succeed on an exam because it’s an important aspect of legal analysis. And it has rarely (if ever) been given this straightforward of a treatment: the authors have cleared away the jurisprudential rabbit-holes and distilled the essence of “categorical reasoning about the law” into fewer than 20 pages.

In Maybe‘s remainder, they work similar wonders with kindred concepts like “Forks in the Law” and “Patterns of Ambiguity.” Students will walk away wishing they could stop thinking like a lawyer.

Of course, this approach means that Getting to Maybe is less of a reference work than something like the Glannon E&E. It’s not the study aid you’ll grab from the nightstand for that day-before-the-exam Erie refresher.  Instead, most students will want to read G2M once or twice (preferably before the exam ‘crunch’ begins), absorb its analytical framework, and move on. This quality alone probably makes it a perpetual underdog in the study aid “World Series.” Still, few books so effectively capture the essence of what law school seeks to impart and assess. The E&Es and Nutshells of the world would do well to watch out for the weird, scrappy study aid known as Getting to Maybe.

1 I couldn’t help but to completely and utterly geek out when I noticed that Professor Paul’s faculty profile mentions that a new edition of Getting to Maybe is expected for 2021. The first (and only) edition has been out for 22 years. UPDATE: According to Carolina Academic Press (by the way of the Jones School of Law Library’s Gigi Panagotacos) the new edition won’t be out until Fall 2022. Can I even wait that long?

Dear My 1L Self- You Are in the Right Place

The GSU College of Law Library is excited to post another exciting installment of “Dear My 1L Self.” In this series, Librarians, Law Library GRAs, Law Students, and other interesting folks write actual, time-traveling letters to their 1L selves, giving them advice and telling them what to expect from law school and the practice of law. We hope that some of this advice will be helpful for our readers. Today, we get to hear from Terrance Manion, our Discovery & Research Services Librarian and a GSU Law graduate…

Dear 1L Terrance,

I want to offer you a couple of words of encouragement and reassurance as you begin your law school career.

Law school is a challenge, yes, and attending the part-time evening program at Georgia State Law while working full time is a truly unique challenge. The program is a marathon that runs for four to five years, depending on whether you take your summers off. Pace yourself and do not count the hours until nearing the end (particularly after that second calendar year). Take comfort in the following:

First, Georgia State Law is dedicated to the part-time evening program being as academically rigorous and meaningful as its full-time day program. It is not a satellite program taught by adjuncts or a less ambitious program as some part-time law programs seem to be. It will be the same curriculum. All Georgia State Law faculty will teach in the evening program. All of the college’s educational opportunities (Law Review, Moot Court, experiential learning, study abroad, etc.) are accessible to evening students, albeit you may need to prioritize which opportunities are most important to you. Take confidence that you will be on equal footing at graduation with your full-time counterparts, if not better because you have actual life and work experience, right?

Second, in the part-time evening program, you will not find professional students but student professionals, each facing the same challenges you are facing. They are juggling jobs, classes, personal lives, and copious amounts of reading and outlining. Their days start when they get to their jobs in the morning and do not end until classes wrap up around 9 PM (and 10 PM when you take evidence). They commute home (sometimes making a stop at a bar) knowing they will do it all over again tomorrow. They have the same anxieties about managing their time and energy. They have the same questions about whether they still have the intellectual stamina and aptitude for learning. They, too, have been out of school for a couple of years, if not longer. Because of this shared starting point (and the fact they will be in all your classes for two years), there is an inherent camaraderie in the part-time evening program. You will learn soon enough that your fellow students are not your competition. They are your safety net. They are your foundation. You will look after each other. They will become some of your closest friends and remain a resource and support network for the rest of your career.

Former GSU Law Library Director (& Associate Dean) Nancy P. Johnson

Third, you are incredibly fortunate, and I am not talking about having the most manageable commute from your office in the law library to the classroom. You have a mentor and boss in Nancy Johnson that also navigated the part-time evening program at Georgia State Law. At the very least, she will offer a little misery-loves-company, but you know she never does the very least. She will be your advisor, cheerleader, coach, sounding board, counselor, and yes, teacher. You will take her class, and you will not get the highest grade in that class. It will haunt you the rest of your days; however, knowing your study partner, good friend, and fellow part-time evening student got the highest grade makes it a little more bearable. She’ll have you teaching the class in the a year or so anyway.

Nancy will provide the space and support foundation for you to be successful, both in the part-time evening program and at your day job. While not all of our part-time evening students are fortunate enough to have a mentor of Nancy’s caliber, I’m nonetheless confident that the support of their friends, colleagues, teachers, and librarians will be a defining feature of their success.

In short, you are part of this community, you can do this, and you found the right place to do it.


Librarian Manion

P.S. While in law school keep a list of the books you want to read for your own enjoyment. You do not get much time to read recreationally in law school but when you graduate, you will go on a reading binge like at no other point in your life. Have the list ready.

Virtual Research Assistance Is Available

By Luke Smith, Reference GRA

Whether you’re a master at using Westlaw or Lexis, or are just starting your journey into legal research, there will come a time when you feel stuck or don’t even know where to begin. Researching can be difficult and time-consuming, but it doesn’t have to be!

The library has some great online resources that can help you start your research and find what you need faster. As most of our 2L and 3Ls know, whenever you get stuck, you can always come to chat with your Reference Librarian, usually at the reference desk in the library. If you haven’t noticed by the lack of puzzles on the 5th floor, the reference desk is temporarily part of the circulation desk.  Now before you start panicking, thinking your librarians have abandoned you, the reference desk has gone virtual for the semester.

During the law library’s usual reference hours, you’ll be able to chat virtually with one of our reference librarians. You read that correctly. It’s not some automated A.I. response, but an actual human waiting to help you! All you need to do is go to the law library website and click on the red tab on the right side of the homepage. Just type in your question, and one of our librarians will give you an answer just like they would at the reference desk.

You may still be thinking, “I’m glad I can still talk to the librarians if I get stuck, but how do I even start my research on my own?” Thankfully, the Law Library has some great Research Guides on several topics that will help you start your research and become the most efficient researcher you can be.

From the library’s homepage, click on the box that says research guides. It will take you to a page where you can pick a topic and get a terrific guide that’ll help you plan your research strategy.

Learn more about our LibGuides in our next blog post!