October Beginnings
October is a great month, perhaps the greatest month of all. In October, the oppressive heat of the summer sun begins to wane – this year being an exception, of course. With the waning oppression, we have moments of crisp, cool, clear days where the sky is a deep blue, and every breath we draw has a freshness that cannot compare. The stifling chaos that we saw in August, as we tried to cram in just a few more days of summer fun, and prepare to move our offspring back to college, or go shopping for new school supplies, persisted into September. Do you remember September? That blur of back-to-school, with new routines and bedtime fights, and syllabuses that won’t write themselves, and fresh first year law students eager to grasp the subtle nuances of CREAC. Oh yes, I stepped out of September with barely a glance back and walked, head held high, into October.
But why? Why is it that I greet October with such reverence? October is the beginning of holiday season. Yes, I know that many do not consider Halloween to be a true holiday, but it is the start of a season of festivities that will march us month by month, holiday by holiday, until spring. But even the holidays, and the cooler weather, and the promise of sweaters and bonfires, and apples and pumpkins, are not the reason why October is the most romantic of months. October marks the opening of two things that make me giddy: First, the Supreme Court session year opens with all of its promise and anticipation and, second, October marks the opening of the moot court season with equal amounts of promise and anticipation. I recognize that for many practitioners, news people, and scholars, nothing can compare to the October session of the Supreme Court. And for me, I will be watching, waiting, and pontificating, for sure. As I went to compile a short list, I went from, “oh this case,” and “ah that case,” to “how can I choose?” Just check out the line-up for yourself: https://www.scotusblog.com/case-files/terms/ot2019/
My muse, however, is moot court, where my students and I get to dabble in mock cases based on the issues that the Court will be tackling. In fact, last year, my students argued many of the issues that will be decided this term. October marks the beginning (if you don’t count all the briefs that were due in the last few weeks).
Just like those of us in the real world have been making adjustments in late August and early September, my students have been re-adjusting to a new school year. In addition, our 2Ls and 3Ls have been busy writing briefs and practicing their oral advocacy skills. And, now, beginning this coming weekend, and over the many weekends to come, they get to see how they have been doing. Certainly, I have been giving the praise and critiques. We’ve been honing their skills, and sharpening their wits. But at this point, my praise is beginning to sound parental. They need to see how their work pans out in the “real” world, or as real as it gets before you are barred (or have your 3rd year practice certificate). Strangers, who haven’t learned to love each of them for who they are, will be assessing their strengths and weaknesses, and the best part is my students will know almost instantaneously how they fared.
I love this for my students. I want the judges to be respectfully honest, and I want my students to see that some things are truly up to the subjective nature of the individual, while other things are almost universally true. When we know what is universally true, we can begin to learn how to adjust and account for the subjective expectations of others. I love that my students have the opportunity to take the feedback they receive and then incorporate that into the next competition, and I treasure the unique opportunity that I have to see them grow and mature. In less than a year, my 3Ls will leave this moot court world behind, but they will never forget. Moot court students are the marching band of law school. They will forever think fondly of their experiences, and will tell cautionary tales that arise from their negative experiences. They will return to the school and share their real world experience with my next crop of students, and when they get picked to argue in one circuit or the other, they will call me. And it all starts in October.