Advocate of the Year Competition 2006

1. Advocate of the Year Competition2006 Arrive Early? Take a memo and a problem and sign in.

2. Available on the website:www.usfca.edu/org/mootcourt • Brief Template & Instructions • Meeting Memo • This PowerPoint Presentation

3. Agenda • Introduction • The Problem • Important Dates • The Brief – Instructions & Tips • Oral Arguments – Instructions & Tips • Final Notes • Questions

4. Introduction Moot Court Board 2006-2007 • Matt Peters – Executive Director • David Mesa, Advocacy Director – davidmesa@gmail.com • Jen Chung – Managing Director • Michelle Schuller – Topics Director • Joan Arbolante – Topics Director

5. The Problem - Facts • Con Law Topic • Appeal to the Supreme Court • Eric Jensen, a black felon, is prevented from voting because of his felon status. • Sues to permanently enjoin Governor from enforcing felon disenfranchisement statute based on a violation of the Voting Rights Act, 42 U.S.C. § 1973, which prohibits any state limitation on the right to vote that has a racially discriminatory result.

6. The Problem – Proc. Posture • Governor files a 12(b)(6) motion to dismiss arguing § 1973 is unconstitutional as applied to Zief's felon disenfranchisement statute because (1) it conflicts with Section 2 of the Fourteenth Amendment, and (2) it exceeds Congress’s Section 5 enforcement powers • Motion Granted. Plaintiff appeals to the Fourteenth Circuit. Reversed. Governor appeals. Supremes grant cert.

7. Important Dates • Brief Drop Off • Wednesday, Sept. 20th • First Round of Oral Arguments • Either Saturday, September 30th or Sunday, October 1st • Quarterfinals and Semifinals • Saturday, October 7th • Final Round • Friday, October 20th @ 6:00 p.m.

8. The Brief • You choose the side • Format – same as 1L Moot Court Program • 16-20 pages (nothing after 20 will be read) • Blue cover for petitioners / Red for Respondents (card stock) • Name on cover page

9. The Brief – Turn In • 3 Copies due Wednesday, September 20th • You must turn it in and sign it in yourself • 2 Drop-off Times: 10 am–12 pm and 5:30 pm–6:30 pm • Location: Moot Court Office, Zief 2 (Lower Level next to TV lounge) • **LATE BRIEFS WILL NOT BE ACCEPTED!**

10. Oral Arguments

11. Oral Arguments • Rules for advancing will be posted on Moot Court Bulletin Board & at Moot Court Office • Oral Arguments follow same format as 1L Moot Court

12. Some Final Notes • Use Statement of the Case as a Starting Point • Note the sole issue on appeal (footnote 2 of the problem) • No cases after 9/1/06, but also note footnote 1 of the problem

13. Some Final Notes • Good faith effort, but keep in mind: • Judges are USF Alumni. They’re giving up a day of their weekend for a good show, so give it to them. • They also might work for a firm you’re interviewing with. • Personal pride.

14. Some Final Notes • Work in Groups • You may work with buddies, but you must write your own brief • After turning in your brief, share them with someone from the other side • Brainstorm potential questions with someone from the other side

15. Some Final Notes • Be prepared to argue both sides • Practice • Practice • Then Practice Some More

16. Finally… Remember What You’re Getting Out of It • Resume Builder • Possible Writing Sample • Oral Advocacy Experience • Awards Given to Best Brief and Advocate of the Year • $$$ - $500 Gift Certificates to BARBRI for Best Brief / Advocate of the Year award recipients • Good times

17. Ready, Set, Go. • Be sure you’ve signed in before you leave • Check bulletin board / website for changes, postings, updates • I’ll post questions and answers on the website • Any questions? Stick around.