HLS in Focus

I’m often struck by how students lead many of the activities at Harvard Law. Last week, we saw lawyers in action in front of the First Circuit, but, as usual, the students wanted to step back a bit to think about how the lawyers prepped for their arguments. In big cases, lawyers usually use a moot court, which is like a dress rehearsal. The lawyers come and put on their best arguments under real-time constraints, and the panel reads their briefs and peppers them with questions and counterarguments during the oral arguments. When it is over, the lawyers and the panel talk about the answers and the overall strategies. Getting a good moot can be the difference between success and failure.

A 3L, Jeff Harris, just sent me an e-mail that gives a window into the pre-argument process:

Jeff wrote: “During the 2004-05 academic year, the Federalist Society held a highly successful moot court for Ashcroft v. Raich (medical marijuana case – with Prof. Randy Barnett), and the American Constitution Society held an excellent moot court for Van Orden v. Perry (Ten Commandments case – with Prof. Erwin Chemerinsky). Dean Kagan was extremely impressed by both of these events, so she offered to fund a standing program devoted to moot arguments.

“This year, the Supreme Court Advocacy Project – co-sponsored by Dean Kagan, the Fed Soc, and the ACS – has already held a moot argument for the state of Oregon in Gonzales v. Oregon (the assisted suicide case). This week, we will be holding another moot for Randall v. Sorrell, which is a major case addressing the constitutionality of campaign finance regulations.

“Each moot brings a highly accomplished attorney to HLS to moot his or her argument before appearing in front of the Supreme Court shortly thereafter. For the ‘judges,’ we invite experts in the field – HLS professors, practicing attorneys, and federal judges have all volunteered to serve as panelists. Each moot attempts to simulate actual Supreme Court conditions as accurately as possible.

“Our past events have been a great success – the attorneys doing the moots were grateful for the extensive and thorough preparation sessions, and the students in attendance benefited from seeing nationally-renowned lawyers giving oral arguments. We’re thrilled with how the program has gone this year and are looking forward to continuing it in the future.”