SUPREME COURT DECISIONMAKING

This course will focus on cases that are currently on the docket of the Supreme Court across the range of the Court's subject matter. In the first week of class, we will read a set of pending certiorari petitions and vote as a class on whether we would grant the petition. (Petitions and background readings will be available on the course website.) Each student will be responsible for writing a brief memorandum in one case on whether the Court should grant the petition. Thereafter, each week, the class will read materials in preparation to discuss one or two cases pending on the merits, including its lower court opinion, the briefs from each party and selected amicus briefs. Prior to each class session, each student will be responsible for writing a brief memo (no more than a paragraph or two on each case) briefly stating how they would decide the case or cases for that week and why. Students will also be responsible for drafting one 20-25 page Supreme Court opinion and one 3-5 page dissenting opinion (either from their own opinion or someone else's) to be distributed to and discussed by the class. NOTE: Students registered for this seminar are encouraged to choose a case from the Court's docket during Fall Semester and take the lead on writing the opinion in that case. Students who do not choose a case in advance will be assigned one at the first class meeting. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement; two drafts and research on secondary sources is required. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.