Diversity in Public Administration
PA 760
Fall 2009
Style Sheet for Written Brief and Oral Argument
The purpose of this assignment is to expose you to the court decisions that shape
much of the current law governing diversity-related issues. These include (but
are not limited to) affirmative action, school desegregation, sexual harassment
and disability law. It is also designed to give you the opportunity to assess the
arguments in favor and against these policies through developing your own line of
reasoning for the case you are assigned to. You will also judge the claims made by your classmates for
the cases they argue. You will also develop your research skills in finding sources
in the academic literature and elsewhere to substantiate the argument you are making and
your proficiency in effectively presenting information and advocating a position orally
and in writing.
The cases to be argued, and the full text of the decision, are noted on the class schedule. Early in the semester we will decide in class who will argue each side for each case. All written briefs are due Sept. 23rd. Your oral argument will take place on the date specified in the schedule. You should use any comments I make on your written brief to improve your oral argument.
Students who are not arguing their cases on any particular evening should have read at least the summary at the beginning of the decision so that you can follow the arguments made in class and pose questions for the presenters (just as the Supreme Court justices do when they hear oral argument). The cases are all hotlinked to the class schedule page. Alternatively, you can download them from Lexis (available through SFSU library)
Written Brief (25% of grade)
In this brief I am looking for a cogent and persuasive argument in favor of the
position you are asking the Court to take. While I realize you may not agree with the
position you have been assigned to take, there are certainly strong arguments that can be
made for both sides or the justices would have all been on agreement in their ruling on
the issue. You should feel free to borrow material from the Justices' decision,
although you should cite the decision when you do. (Of course, for the purposes of this
exercise, the decision has not been made--so consider the justices' arguments to be briefs
or decisions made by a lower court rather representing the final outcome of the case).
Please do not make up anything such as new evidence or facts.
Your argument should also be substantiated by information from other sources. This should be treated as a research paper. These can be briefs filed by parties advocating a position on the case, the lower court decisions that preceded the appeal to the appellate or Supreme Court, articles in academic journals, or relevant facts taken from an equally credible source; e.g., "According to the Department of Labor, African Americans hold only xx% of top level jobs." Sources for these opinions or facts must be cited, as you would in any other research paper (the APA in-text reference style is preferred. See Diana Hacker's Writers Reference or her website. Absent or incorrect citations will cost you points!
The paper should begin with a brief summary of the facts of the case. Your arguments should focus on the main constitutional and other (e.g., Title VII) issues and what they mean for the issue we are discussing. You should not argue about justiciability (e.g., standing, mootness) or technical legal concerns (e.g., precedents).
The paper should include a discussion of the broader implications of the court ruling for those likely to be affected by it; i.e., employees in the workplace, students in higher education, people living near a toxic waste site, and/or even for society in general. As with any research paper, it should include a list of references, complete enough for someone else to find the fact or opinion you have cited.
The brief should be no longer than 5 pages, double-spaced.
Your grade for the written brief will be based on the following:
The persuasiveness of your argument which is based, in part, on the range and credibility of sources that you use to back it up.
The clarity and conciseness with which you present the argument.
The extent to which you anticipate, and refute possible counter-arguments.
The comprehensibility and logic of organization of your argument.
The extent to which you address the broader implications of the case.
Oral Argument (10% of grade)
Due on date specified in class schedule
For the oral argument, you will basically present a summary of your written brief--highlighting the most important points. You should not read from the brief--it is important to maintain eye contact with the justices! The format will be as follows: The "attorneys" representing the two sides will have up to 10 minutes each to present your arguments, beginning with the petitioner. Then each side will have up to 5 minutes to offer a rebuttal to the other side's argument, again beginning with the petitioner. (I will hold you to these time limits!) You should then be prepared to field questions from the "justices" (your classmates and me). Your argument should be well-reasoned, concise and delivered in a clear and professional manner. Again, you may borrow as much content as you wish from the opinions the justices wrote in this case (again, assuming for the purpose of this exercise that the decision has not been made yet). Please do not invent any new information or facts.
Your grade for the oral argument will be based on the following:
The pursuasiveness of your argument
The extent to which you underscore the important points in the case, and the
ramifications of the decision the Court is about to make in the time you have available to
do so
The extent to which you effectively respond to questions put to you by the
"justices"