Low Profile Cases Show Supreme Court at Its Best, Justice Kagan Tells Students

Look to United States Supreme Court cases that don’t make front-page news if you want to see the workings and qualities of the court at its best, Justice Elena Kagan suggested in a session with more than 225 Marquette Law School students Tuesday.

Asked by a student to provide reasons to have faith in a divided court that often votes predictably, Kagan said, “I think you should have that faith.” She called the court “an inspiring institution” whose members struggle conscientiously with difficult issues.

Kagan, who joined the court in 2010, visited the Law School to take part in judging the annual Jenkins Honors Moot Court Competition for students. She also took part in an “On the Issues with Mike Gousha” conversation for an hour, answering questions from Gousha, the Law School’s distinguished fellow in law and public policy, and from students.

Kagan, of course, did not discuss pending matters before the Court, but, in a wide-ranging and informal conversation, she discussed the way the Court works, her perspective as a woman lawyer, her personal background, and other matters.

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Moot Court at Marquette

Moot court in 2012 certainly isn’t quite the same as it was for those of us in the Class of 1977. Indeed, moot court is as advanced and spectacularly nouveau as is Marquette Law’s remarkable new edifice: Eckstein Hall.

After five spinal fusion surgeries and two years in the Heart Transplant Program at the University of Miami Hospitals, I returned to MULS during late October 2011 to reconnect with my law school alma mater.

Dean Matt Parlow invited me to help Professor Melissa Greipp by using my 30 years of experience in appellate matters to coach MULS students in the national moot court teams. Professor Greipp welcomed me warmly, and this has been a most rewarding experience.

The positive, numerous expansions of the Marquette moot court program in 2012 are impressive. Permit me to compare briefly my experience in 1977 to the most recent 2012 Spong and Jenkins Honors Moot Court competitions.

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Jenkins Competitors Win 2012 Finals

Congratulations to the winners of the 2012 Jenkins Honors Moot Court Competition, Kristina Gordon and Sarah McNutt. Congratulations also go to finalists Ariane Strombom and Megan Zabkowicz.

Sarah McNutt won the Ramon A. Klitzke Prize for Best Oralist. Kristina Gordon and Sarah McNutt won the Franz C. Eschweiler Prize for Best Brief.

The competitors argued before a packed Appellate Courtroom, and the event was live-streamed into the Zilber Forum. 

Many thanks to the judges and competitors for their effort and enthusiasm in all the rounds of competition, as well as to the moot court executive board and Law School administration and staff for their work in putting on the event. Special thanks to Dean Kearney for his support of the competition.

Students are selected to participate in the competition based on their success in the fall Appellate Writing and Advocacy class at the Law School.

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