Fall 2012
    Law No.: LAW7697
    Sched. No.: 112821607

Supreme Court Decisionmaking: A Case Study (SC)
Section 1
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Epps, Daniel S.
Twomey, Katherine I.



Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):MTWR, 0820-0950 (WB129)
Credits:1Type:Lecture - short course
Capacity:16 **This information is current as of 05/23/2013 06:18:36 AM**
Current Enrollment:16 **This information is current as of 05/23/2013 06:18:36 AM**
Syllabus: View Syllabus (requires LawWeb account)



Course Description:

This short course meets Monday-Thursday, 8:20-9:50 a.m., October 15-25.

This course will provide an introduction to decisionmaking in the Supreme Court of the United States through the lens of one pending case, Bailey v. United States. Bailey raises an interesting, open Fourth Amendment question: Whether police are allowed to detain someone while they search that person’s residence pursuant to a warrant, even though the person has left the premises. We will begin by examining the precedents leading to the issue in Bailey. We will also review some legal scholarship dealing with theoretical issues posed by the case. We will then focus on the mechanics of the case. First, we will examine how the Fourth Amendment issue was litigated in the district court and the appellate court. Then, we will turn to the certiorari stage briefing and review how other courts resolved the issue, using this as an opportunity to discuss the Supreme Court’s certiorari process more generally. We will then review the merits briefing, discussing the arguments and broader implications of a ruling either way. We hope to be able to offer the students an opportunity to attend the oral argument at the Supreme Court. We will conclude the course by discussing the opinion drafting process, and, in lieu of an exam, students will prepare draft opinions resolving the case.

ATTENDANCE REQUIREMENT: Attendance at all class sessions is required
COURSE REQUIREMENT: Paper required