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soMe Case stuDies
Justice Ability
Second year was also notable in that I was involved in another event that I believe changed my life. Most people would conclude that it changed my life for the better, but whether or not it did is a question that is ulti- mately answered as a function of one’s beliefs concerning causality, alternate possibilities, and quality. For the moment, I will agree insofar as the initial question of causality is concerned: it absolutely changed my life.
First, some background: Part of the first-year program at Columbia is a compulsory activity that is known as moot court. The entire class was divided up into pairs who would work together to write a brief that was intended to argue a hypothetical case on appeal—writing either on behalf of the person who had lost in the hypothetical court below (the “appellant”) or on behalf of the initial winner (the “respondent”). The appellant’s team and the respondent’s team would then exchange briefs. Finally, both teams would then engage in oral argument in front of an upperclassman who had chosen the (actual) case to be briefed and argued by the two teams. The argument, if the student judge ran it cor- rectly, would simulate what actually happens in an appellate court. The pair representing the side that lost in the court below would stand and deliver their argument while constantly being peppered by (hopefully penetrating) questions from the bench. Then the pair that represented the side that sought to have the lower court’s decision affirmed would undergo the same treatment. At the end, the judge would comment on the quality of the briefs and the oral argument and would pick the “win- ning” brief and “winning” oral performance.
As I recall it, my first-year moot court experience, although a valu- able one, was, at best, boring. My partner was not boring and was in fact a very nice and smart, mature guy, Todd Withy, who went on to become a member of the law review. So, the experience with him was fine. We put together a reasonably good piece of writing, mostly in his apart-
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