Details

Clinic Practice: Federal Criminal Appellate Practice

In the Federal Appellate Clinic students will work on state and federal appeals. In the 2010-2011 academic year, the clinic has three new cases in the Seventh Circuit: (1) a conditional plea case raising a discrete Fourth Amendment issue; (2) an §1983 civil rights case, alleging the use of excessive force in prison; and (3) a direct criminal appeal in an obstruction-of-justice case. The Clinic also has six ongoing cases from prior years that may require petitions for rehearing, petitions for certiorari, and/or moot courts. Students will have primary responsibility for one of the new Seventh Circuit cases and will assist in the other clinic cases in varying capacities. In their primary appeals, students will take the case from start to finish¿from research and briefing in the fall and early winter through oral argument in the Spring. Pending Court and client approval, at least three and up to six third-year students with 711 licenses will have the opportunity to present oral argument in the Seventh Circuit. The clinic is structured so that teams of two or three student attorneys work collaboratively on the cases. Professor Schrup will mentor each group, guide the group through the appellate process and assist in the revising and perfecting the brief and argument. The pedagogical goals of this course are to develop advanced legal writing and appellate-advocacy skills, to expose students to the intricacies of representing an indigent client on appeal, and to introduce students to the substantive areas of the law in an in-depth and hands-on way. Teamwork and a collegial atmosphere are extremely important in real law practice and those skills are emphasized here. The course will be demanding because teams will need to produce a top-quality brief by a strict deadline in the last third of the Fall semester. Because the nature of appellate work and the briefing timeline is not limited to one semester, students are strongly encouraged to sign up for a full academic year. The spring semester will be devoted to writing the reply brief and preparing for and presenting oral argument in the Seventh Circuit. Weekly class sessions will be held during which there will be presentations on the appeals, brainstorming sessions, skill development, and broad issues involving advanced appellate writing and appellate practice, along with some specifics on the substantive area of law in our appeals. Readings relevant to our work will be assigned. Students will be evaluated based on their overall contribution to the brief and oral argument, including but not limited to the student¿s participation in digesting the record, brainstorming issues on appeal, researching chosen topics, writing the brief, citation, assistance in oral argument, and ability to collaborate with partners to produce the best written product possible. Students¿ grades will also heavily depend on an ability to set a realistic timeline for completion of the various stages of the brief, to adhere to that timeline, and to create a top-quality brief that reflects a diligent effort to learn the legal issues in the case and to improve as legal writers. Students will be graded on their collaboration with and assistance to their classmates in finalizing briefs and preparing for oral argument. Students also will be required to keep a journal of their experience in the class. Second-year students may enroll for 3.0 credits per semester. Only third-year students, however, are eligible to present oral argument. Third-year students will earn 4.0 credits per semester. This course does not fulfill any upper-level writing requirements.


Catalog Number: LITARB 719
Practice Areas: Civil Lit. and Dispute ResolutionCriminal Law Practice AreaLegal Skills Development
Additional Course Information: Third year students only


Course History

Spring 2014
Title: Clinic Practice: Federal Criminal Appellate Practice
Faculty: Schrup, Sarah O'Rourke (courses  |  homepage)
Section: 1     Credits: 4.0
Capacity: 9     Actual: 9



Fall 2013
Title: Clinic Practice: Federal Criminal Appellate Practice
Faculty: Schrup, Sarah O'Rourke (courses  |  homepage)
Section: 1     Credits: 4.0
Capacity: 9     Actual: 9



Spring 2013
Title: Clinic Practice: Federal Criminal Appellate Practice
Faculty: Schrup, Sarah O'Rourke (courses  |  homepage)
Section: 1     Credits: 4.0
Capacity: 6     Actual: 6



Fall 2012
Title: Clinic Practice: Federal Criminal Appellate Practice
Faculty: Schrup, Sarah O'Rourke (courses  |  homepage)
Section: 1     Credits: 4.0
Capacity: 6     Actual: 6



Fall 2011
Title: Clinic: Fed Crim Appellate Pr
Faculty: Schrup, Sarah O'Rourke (courses  |  homepage)
Section: 1     Type: Clinic     Credits: 4.0
Capacity: 6     Actual: 6



Fall 2011
Title: Clinic: Fed Crim Appellate Pr
Faculty: Schrup, Sarah O'Rourke (courses  |  homepage)
Section: 2     Type: Clinic     Credits: 4.0
Capacity: 3     Actual: 3



Spring 2011
Title: Clinic Practice: Federal Criminal Appellate Practice
Faculty: Schrup, Sarah O'Rourke (courses  |  homepage)
Section: 2     Type: Clinic     Credits: 4.0
Capacity: 8     Actual: 0



Spring 2011
Title: Clinic Practice: Federal Criminal Appellate Practice
Faculty: Schrup, Sarah O'Rourke (courses  |  homepage)
Section: 1     Type: Clinic     Credits: 4.0
Capacity: 9     Actual: 7



Fall 2010
Title: Clinic Practice: Federal Criminal Appellate Practice
Faculty: Schrup, Sarah O'Rourke (courses  |  homepage)
Section: 1     Type: Clinic     Credits: 4.0
Capacity: 8     Actual: 8