PLSC 386: Supreme Court Simulation and Moot Court
Instructor:
Professors Dobronski & Pyle
Section: 14862
Office:
4th Floor King Hall
Time: 2:00 – 3:15 pm
Days:
Tuesday, and Thursday
Place: PH 421
Dobronski Cell: 734-837-5658
Pyle Cell: 734-660-1732
Dobronski Office Hours: 3:15 to 4:30 pm on Tuesday and Thursday, 8:00 -10:00 pm on
Sunday, and I am available by appointment. I am on-campus at night very often, and
additional office hours will be established once my coaching schedule is better known.
E-Mail:
CRDobronski@abrailroad.com, BPyle@emich.edu
Welcome to appellate advocacy and decision-making. In this course, we will
investigate the process of appellate courts. US appellate courts are unique institutions
where law is both applied and made. This uniqueness is a function of the exceptional
nature of American law as hybrid of common and civil law systems from the old world.
Paradoxically, objective and subjective arguments as well as normative and empirical
claims appear to be made concurrently and given equal weight within the American legal
system. As such, there are ample and dynamic opportunities to argue for the legal status
quo as well as legal change in an incremental or significant manner. The engine of this
potential for change is the interaction between appellate advocate and appellate decisionmaker. This interaction takes place in two forums: oral arguments and various written
briefs.
Through the use of simulation, we will study both these forums. Students will be
required to present written and oral arguments concerning significant legal issues. As
with any good attorney, students will be required to argue both sides of the issue. This
activity is designed to teach students the profound and multifaceted nature of legal issues
and highlight the role of attorney as advocate not partisan.
Grades Based on
Attendance, Briefs, Exams and Participation 15%
Case Briefs 10%
Midterm Exam 20%
Drafts of Argument Outline 10%
Oral Argument Performance and Preparation 25%
Final Brief 20%
Notes about electronics in class:
1) NO
CELL
PHONES UNLESS
THERE
CIRCUMSANCES (I.E., SICK RELATIVE).
2) NO TEXTING IN CLASS
1
ARE
EXTRAORGINARY
3) COMPUTERS MAY BE USED FOR NOTE TAKING AND CLASS RELATED
ACTIVITIES – FACEBOOK AND OTHER SOCIAL NETWORK SITES AS WELL
AS EBAY ET AL. ARE NOT CLASS RELATED.
4) VIOLATIONS OF THESE POLICIES WILL RESULT IN POINTS BEING
DEDUCTED FROM YOUR PARTICIPATION GRADE (10% REDUCTION PER
INFRACTION-Yes I am serious).
REQUIRED TEXTS: All texts will be provided.
Four additional notes:
(1) I will a address numerous topics and subjects outside the text and the readings.
Accordingly, if you choose not to come to class, your grade will suffer.
(2) The reading for this course is relatively long and it is not easy. To do well in this
course, you will have to prepare for every class by reading once before class and possibly
a second time after class.
(3) I reserve the right to provide additional material. You must take notes or the
exams and papers will be very difficult.
STUDENT RESPONSIBILITIES:
As such, students are expected to keep up with the assigned readings and prepare
for each class. This means coming to class prepared to follow the lecture, ask questions,
and engage in class discussions. To help you with preparation and participation, I will
take attendance and administer short quizzes when necessary. Students are responsible
for all the materials presented in the lectures and the texts. While the lectures and the
texts will often overlap, some material will be exclusive to either source. Thus, to
perform well on the exam, it is essential that you attend class, take notes, and do the
required readings.
Students are required to take the examinations and turn in written work on the
dates given in the course outline and in class. Participation will be discussed the first
week of class (points will be awarded for active participation in class (i.e., make yourself
known to me). I will not take attendance every day but I will on multiple occasions
throughout the semester. Those with reasonable excuses will not lose points. I have
given people zero points for class participation so you should not view it as a free gift. I
do not like to give makeup exams and I will not give one unless you notify me at least
one class period in advance and have a valid excuse that can be verified. I also
understand that emergency situations may arise. These will be dealt with on an
individual basis. Unless otherwise specified, if you hand in the take home question or
essay late, it will be penalized at the rate of one letter grade a day (e.g., A becomes a B).
I am very understanding and accommodating when it comes to special needs and the
necessity to miss class because of religious or personal reasons; nevertheless, I cannot be
understanding unless you notify me about the reason for your absence or special needs.
Finally, please come and meet with me during my office hours or by appointment
to discuss any questions, problems, or difficulties related to the course or anything else. I
2
am more than willing to help you in any way I can. However, I cannot help you unless
you ask.
Grading
Grading Scale will be as follows:
A
Scale
100-94
A- 93-90
B+ 89-87
B
86-84
B- 83-80
C+ 79-77
C
76-74
C- 73-70
D+ 69-67
D
66-64
D- 63-60
A Brief Word of Warning
In addition to completing the required assignments on time, students will be
required to answer any and all questions in their own words. That is, cutting and
pasting answers from any source, without proper citation, is a form of plagiarism
and will not be accepted. Any assignments that are completed in this way will NOT
be given credit and can result in disciplinary action by the University. Answers that
are copied, with proper citation, will not receive full credit. Please see the University's
policy
on
plagiarism
and
academic
dishonesty
at
http://www.emich.edu/studentconduct/facultylinks/academic_integrity.php
Judicial
Services defines plagiarism as "Plagiarism - deliberate and knowing use of someone
else’s work or ideas as one’s own. Examples of plagiarism are: quoting a source verbatim,
or paraphrasing text from a given source, without properly citing the source; turning in a
research paper that was written by someone else; or in any other way passing off
someone else’s work as one’s own; or failing to give credit for ideas or materials taken
from someone else." The Halle Library site contains more information about plagiarism
and integration of sources at http://www.emich.edu/library/help/integratingsources.php
If you need assistance for any reason please contact me directly
3
COURSE SCHEDULE:
We will follow this outline as closely as possible. Any changes in the dates of the
lecture topics, written work and examinations will be announced at least one week in
advance. It is a good rule of thumb that we will cover about three or four cases a class
period. I will indicate when we will cover outside readings
September:
Introduction to Moot Court and Appellate Law
8
Class Introduction
Case Problem Discussion
Separating Students Into Issues
Drafting a Case Brief
10
An Introduction to the Appellate Court System and law as both objective and
subjective.
Constructing a basic legal argument.
A further look at the Case at Hand
Introduction to the Law of the Case
15
Issue 1 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Roberts v. United States Jaycees, 468 U.S. 609 (1984);
(2) Employment Division v. Smith, 494 U.S. 872 (1990); and
(3) Salvation Army v. Department of Comm’y Affairs, 919 F.2d 183 (3d Cir.
1990).
Issue 2 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Bolling v. Sharpe, 347 U.S. 497 (1954);
(2) Graham v. Richardson, 403 U.S. 365 (1971); and
(3) In re Griffiths, 413 U.S. 717 (1973)
17
Issue 1 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Regents of Univ. of Mich. v. Ewing , 474 U.S. 214 (1995);
(2) La. Debating and Literary Assn. v. City of New Orleans, 42 F.3d 1483 (5th
Cir. 1995); and
(3) Thomas v. Anchorage Equal Rights Comm’n, 165 F.3d 692 (9th Cir. 1999)
4
Issue 2 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Weinberger v. Wiesenfeld , 420 U.S. 636 (1975);
(2) Mathews v. Diaz, 426 U.S. 67 (1976); and
(3) Plyler v. Doe, 457 U.S. 202 (1982)
22
Issue 1 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Grace United Methodist Church v. City of Cheyenne, 451 F.3d 643 (10th Cir.
2006);
(2) Chi Iota Colony of Alpha Epsilon Pi Fraternity v. City Univ. of N.Y.,
502 F.3d 136 (2d Cir. 2007); and
(3) Parker v. Hurley, 514 F.3d 87 (1st Cir. 2008) 156
Issue 2 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Bernal v. Fainter, 467 U.S. 216 (1984);
(2) Arizona v. United States, 132 S. Ct. 2492 (2012)
(3) United States v. Windsor, 133 S. Ct. 2675 (2013)
24
Issue 1 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Bolling v. Sharpe, 347 U.S. 497 (1954);
(2) Graham v. Richardson, 403 U.S. 365 (1971); and
(3) In re Griffiths, 413 U.S. 717 (1973)
Issue 2 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Roberts v. United States Jaycees, 468 U.S. 609 (1984);
(2) Employment Division v. Smith, 494 U.S. 872 (1990); and
(3) Salvation Army v. Department of Comm’y Affairs, 919 F.2d 183 (3d Cir.
1990).
29
Issue 1 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Weinberger v. Wiesenfeld , 420 U.S. 636 (1975);
(2) Mathews v. Diaz, 426 U.S. 67 (1976); and
(3) Plyler v. Doe, 457 U.S. 202 (1982)
5
Issue 2 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Regents of Univ. of Mich. v. Ewing , 474 U.S. 214 (1995);
(2) La. Debating and Literary Assn. v. City of New Orleans, 42 F.3d 1483 (5th
Cir. 1995); and
(3) Thomas v. Anchorage Equal Rights Comm’n, 165 F.3d 692 (9th Cir. 1999)
October:
1
Issue 1 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Bernal v. Fainter, 467 U.S. 216 (1984);
(2) Arizona v. United States, 132 S. Ct. 2492 (2012)
(3) United States v. Windsor, 133 S. Ct. 2675 (2013)
Issue 2 Students: Have prepared for turn in at the beginning of class a case brief
drafted for each case we will discuss.
Discussion of:
(1) Grace United Methodist Church v. City of Cheyenne, 451 F.3d 643 (10th Cir.
2006);
(2) Chi Iota Colony of Alpha Epsilon Pi Fraternity v. City Univ. of N.Y.,
502 F.3d 136 (2d Cir. 2007); and
(3) Parker v. Hurley, 514 F.3d 87 (1st Cir. 2008) 156
Developing the Oral Argument
6
Discussion of the Issue as a Whole
Outlining Your Argument
8
Exam on Cases, Fact Pattern, and Lectures – Midterm Exam 30%
***You will be expected to know both issues.***
13
Issue Outline due at beginning of class for your assigned issue.
Basic Oral Argument Strategy
IRAC, Introductions, Issue Statements, Roadmaps, and Sign-Posts
20
Oral Argument Practice
23
Continue Arguments and honing
23
Prepare 10 Questions to Ask The Opposing Attorney (5 for Each side of your
assigned issue) Due at beginning of class. Please bring two copies.
Continue Arguments and honing
6
27
Continue Arguments and honing
Answering Questions from the Court
29
Polish Arguments within Issue Areas
Transitioning Between Points
November
3
Case Problem Facts Game
Assign Teams
5
Continue Arguments and honing
Game ON - Potentially Final Preparation for Iowa City Competition.
10
Team Practices – Feedback and Graded
12
Game ON - Final Preparation for Saginaw Competition – Team Practices
Feedback and Graded
17
Team Practices - Feedback and Graded
18
Team Practices – Feedback and Graded
Game ON – Potentially Final Preparation for Wooster Competition
Legal Writing
24
Supreme Court Brief Drafting Lecture
Decide which side you and your partner want to write for.
26
Thanksgiving – NO CLASS
December
1
Bring a rough draft of brief to class.
Examples of dos and don’ts in brief writing.
Work on brief in Class.
3
Work on brief in class.
8
Final Brief Due at Beginning of Class
10
Citation Lecture
7
Supreme Court Simulation
15
Supreme Court Simulation
***ACMA Competition Briefs must be emailed in PDF format by noon to
pweizer@fitchburgstate.edu. If not submitted by this time, they may not be
turned in.***
17
Supreme Court Simulation
Last Class
8