Lawyers, Clerks, and Judicial Decisionmaking

Drawing on the instructor’s experience as a clerk at the federal district, appellate, and Supreme Court levels, this class will explore the process of judicial decisionmaking and how lawyers influence those decisions, and how law clerks aid in the process, with a focus on analytical, writing, and communication skills that aid in the process. We will move deliberately through the stages of judicial decisionmaking, such as oral argument and briefing, as well as tools judges use in the process, such as bench memoranda. The course will use real cases and filings as opportunities for students to practice their analytical and communication skills with the instructor’s guidance and feedback. These opportunities will include: participating in oral argument as judges, advocates and clerks, advising on a case in an emergency posture, and drafting a bench memorandum. This course will be useful to students interested in clerking, as the course will provide perspective into the types of analyses and responsibilities the students will undertake in chambers. This course will also be useful to students interested in careers in litigation more broadly, as it will provide practical lessons in legal writing and oral advocacy.