regard to the issues addressed by the student attorneys. I prefer complex fact patterns, but the
host of statutory issues blended into many of the cases before the Supreme Court often renders
them unwieldy for students. I also stagger the moot court projects throughout the term, placing
them strategically so as to reinforce lecture and discussion of the doctrine. This makes the
course dependent upon the Supreme Court’s docket. While I can usually find appropriate cases,
on occasion we have had to settle for less stimulating fact patterns and somewhat obscure issues.
Another potential challenge is the prospect of orders being issued in pending cases prior to
completion of the moot court exercise. Instructors can avoid this pitfall in one of four ways: (a)
design the simulation to minimize the impact of a midstream resolution (thereby, in my
experience, reducing the interest level among students by removing their investment in the
competition); (b) selecting recently resolved rather than pending cases, and employing the fiction
that the case is undecided (as noted, I use this approach for mini-moots, although my experience
has been that students do not invest the same levels of interest or commitment in such cases);
selecting cases accepted by the Court but not scheduled for argument during the current term
(thereby significantly reducing the pool of available cases); or (d) expanding the pool of
available pending cases by considering other state and federal courts. This last option has much
to offer, although the case materials are less readily available, it requires an additional time
commitment to find cases, and the cases lack the same levels of and salience.
B. Crafting Hypothetical Cases
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In 2002 I sent Chief Justice Rehnquist a polite and, I thought, amusing note, requesting that he
delay issuing orders in several cases until my class could complete its moot court projects for the term. I
did not receive a response. I am hoping Chief Justice Roberts will be more accommodating.
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An intriguing idea that I have not yet tested is to have students simulate historic landmark
cases, either role playing using the historical figures and context, or arguing the case in light of social and
political developments.
Convention