Option 1: Oral Argument Option: (Note: this option requires that you find 3-5 people who want to use this as their contract assignment)
You and five colleagues will conduct an oral argument in appellate format in front of the class. This format will be used in those cases where a strong dissent was present, therefore, the possibility to revisit argument exists even though the case has been decided. The roles between the five should be split as follows: appellant, appellee, and a panel of three judges. Your group should work together researching the decision, as well as briefs in support of it and law reviews concerning it. The format of your arguments will follow that used by the appellate courts (such as the Supreme Court), although in a shorter form. Oral arguments will occur on the days scheduled, toward the end of the semester. For those using this track, getting a copy of Introduction to Advocacy: Research, Writing, and Argument is essential.
The oral argument may be regarding one of the following decisions:
1. Florida Star v. B.J.F. (privacy of rape victims)
2. Dworkin v. Hustler 867 F.2d 1188 (1989). Once you follow the link, click on "legal" library, then "federal & state cases," then type in the case name and citation number – or – Hustler v. Falwell (defamation and libel)
3. Reno v. ACLU (internet regulation)
4. U.S. v. Eichman (flag burning) – or – NEA v. Finley (NEA funding)
5. American Booksellers Association v. Hudnut (pornography)
6. R.A.V. v. St. Paul (hate speech)
7. U.S. v. Baker 890 F. Supp. 1375 (E.D. Mich. 1995). Once you follow the link, click on "legal" library, then "federal & state cases," then type in the case name and citation number (threatening emails posted on a bulletin board)
8. Planned Parenthood of the Columbia/Willamette, Inc. v. ACLA 23 F. Supp. 2d 1182 (1998). Once you follow the link, click on "legal" library, then "federal & state cases," then type in the case citation number (the name is too long). (posting of abortion providers names and addresses on internet "most wanted" list)
9. Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) (political speech)
10. NATIONAL ENDOWMENT FOR THE ARTS, ET AL., PETITIONERS v. KAREN FINLEY, ET AL. 524 US 569 (1998)
11. Another free speech case you find interesting. . . must be approved by the professor.
You can find the legal briefs submittes for any case after 1999 at FindLaw.com. For briefs from earlier cases, review the Supreme Court's suggestions on "Where to Find Briefs"
Your grade will be assessed based on:
A. Written work [25 points]:
1. Oral argument proposal [5 points]. This is simply a one page document indicating which case will be argued and who will play which role. A bibliography should be attached listing all the sources to be used in developing cases and writing opinions. The bibliographic component will take time to complete. Due February 5.
The whole bibliography does NOT need to be typed. Instead, what I want is: A typed cover sheet that does the following
1) Identify the bibliographic format used (APA or MLA). The cover page/s also should include a practice bibliography that YOU type that includes sample citations. I want to make sure everyone knows how to do citations forms for typical sources. Thus, you need to include bibliographic entries for at least one of each of the following (even if you are not citing it yet):
a. book
b. book chapter from an edited collection
c. newspaper article (if electronically accessed, correct form for that should be included)
d. magazine article (if electronically accessed, correct form for that should be included)
e. scholarly journal article/law review article (if electronically accessed, correct form for that should be included)
f. web source
g. court decision
2) list the names of research data-bases consulted (LexisNexis legal is essential),
3) list key words/key terms used in searches (this should include multiple key terms, and some topics will require searches on multiple topics)
After the cover sheet, provide a printout of the results of your searches (NOT the actual articles and cases, just the search results). I will be able to point you in the direction of which articles might be most helpful.
2. Brief/decision [10 points]:
a. if you are a litigant -- a 5 page legal brief you submit to the class one week prior to your oral argument. The class is expected to read this along side the court decision. April 18.
b. if you are a judge – a 5 page decision, based on the legal briefs, the law, and the oral arguments, due one week after the oral arguments are presented. Due April 30.
3. Presentation outline [10 points]. April 23.
a. if you are a litigant, the outline for your presentation, including a bibliography
b. if you are a judge, the outline of possible questions and details of relevant case law from which you would draw questions, including a bibliography
B. Oral argument [10 points]. April 23 or 25. Judges play a central role in oral argument, interrupting and clarifying case law. Therefore, although all members of a group should work together, they also ought to strive to maintain the extemporaneous nature of oral argument. In order to guarantee this, questions might also be posed by the class or by me. Although judges will not talk as long as the lawyers, their contribution is just as vital. Questions must be precise, at the appropriate moment, challenging, and grounded in case law. Your grade will not be determined by who wins or loses the oral argument. Instead, this part of the grade is determined by the degree to which the oral arguments represent the complexity of the case and clarify the case law regarding it. The format for the oral argument is as follows: Appellant: 20 minute presentation. Appellee: 20 minute presentation. The twenty minutes include that time during which the judges ask questions.
If you plan on doing this track, I strongly recommend that you listen to an example of oral argument. Perhaps the best example from a recent case is Neal Katyal's oral argument in Hamdan. This is not a freedom of speech case, but the point in listening is to get a sense of how to do oral argument, both the presentation and the questioning. Katyal's oral argument: audio link and transcript link.
C. Group/Peer work [5 points]. The overall quality of the presentation will be assessed. This part of the grade will not be identical for all members of the group insofar as it reflects each individual's overall contribution to group dynamics. Each group member shall provide a 1 page summary description of the group’s work dynamics. Due May 2. |