On Thursday, January 28, 2010, 3Ls Adam Bravemen, Lisa Swartzfager, Marlo Leach, and Michael Ebell will argue in front of GW's first all female panel in the Van Vleck Constitutional Law Moot Court Finals.

The Problem

This year's competition involves compelling procedural and substantive constitutional issues arising from the conversion of a religious private school to a public charter school.  The first issue involves whether the plaintiff in this case has standing, as either a state or municipal taxpayer, to bring suit under the Establishment Clause of the First Amendment.  The second issue involves whether the use of state and municipal funds to operate a charter school which has retained elements of its religious character violates the Establishment Clause.

The Competitors

For the Petitioner - Adam Braveman and Lisa Swartzfager

This was the first time Braveman and Swartzfager have competed in Van Vleck.  When asked whether they had competed in Van Vleck last year and why or why not, Swartzfager commented that she likes doing competitions.  She competed in the Cohen & Cohen Mock Trial Competition, but wanted to try an appellate competition because of her interest in appellate advocacy.  The two decided at some point during the second semester of 2L year to compete together.  Anecdotally, Braveman says he tried to pull out of the competition during add/drop last fall, but his partner's "Southern charm (or guilt)" convinced him to stay in.  Braveman seems very happy to have made this decision, stating "I feel like this is one of the few experiences in law school that I will remember 5/10 years down the road."  Throughout the competition, the team has spent "more hours than imaginable" preparing.  Swartzfager noted that, in preparing for the finals, she "rewrote [her] brief and practiced, practiced, and then practiced some more."  Fortunately, she says "we have a lot of great friends and competitors from the first rounds that have been willing to practice moot us."

After graduation, Braveman will be working at Paul Hastings in New York, and Swartzfager will be clerking in the 8th Circuit.  Although she will be clerking next year, Swartzfager says she is interested in litigation, particularly appellate litigation. Van Vleck played a role in this, as she says "It is one thing to hear a lawyer describe what they do, but it is hard to know if you will like it or be good at it until you actually get up and do it!"  When asked what their favorite class has been in law school, Braveman commented, "Criminal Procedure with Professor Lerner.  No doubt."  For Swartzfager, it was Contracts with Professor Swaine.

For the Respondent - Marlo Leach and Michael Ebell

Former Section 21ers, Marlo Leach and Michael Ebell are no strangers to the Van Vleck Competition, having competed in last year's competition together.  Their return to the competition seemed to be based on a greater understanding of constitutional law and the enjoyment they had from competing in last year's competition.  However, Leach commented "I know it took a bit of elbow-twisting on my part to convince Mike to go through it again, it's not what you would call light on the work-load."  In response, Ebell explains, "Ultimately, I did it again this year because it was something I enjoyed in retrospect.  The brief writing process is painful, but at the end of the day you've learned a lot about a topical issue of Constitutional Law.  It's a fun process in the end and I really felt like I learned skills that will make me a better lawyer."  Like Swartzfager and Braveman, Leach and Ebell have put in countless hours preparing for the finals.  The team spent time coming up with new arguments and rewriting their brief, along with many, many moots.  Although it sounds tiring, Ebell says the "collaborative process between the teams that went to the Semi-Finals has been the best part of this competition for me, no question."  Ebell recalls that he and Leach even mooted against their opponents in the final round before the first day of the competition.

Leach and Ebell are excited to be representing Section 21.  Ebell noted, "the part-time program is why I came to GW Law and I think it's great that there are a couple former section 21ers in the VV finals again."  Both competitors would like to do appellate advocacy at some point in their careers, but for now, Marlo hopes to go into litigation at the firm she will be starting with in New York after graduation.  Ebell says he's interested in labor law, but is "hoping to get an exposure to as wide a variety as legal issues as I can, in whatever job I find."  When asked what their favorite class has been in law school, not surprisingly, Leach responded, "Without question, Constitutional Law I and II.  I had amazing professors for both classes, Professor Fontana and Professor Colby, and I thoroughly enjoyed every class in both of those courses."  Ebell says he enjoyed Trial Advocacy, but if asked to choose a non-skills class, he really couldn't choose.  "I've been blessed with some amazing professors and therefore incredible classes."

The Judges

All of the competitors are excited and nervous about arguing in front of this year's panel of judges.  As a tribute to Justice Sotomayor being appointed to the U.S. Supreme Court, GW recruited three female judges for this year's finals: Judges Sandra Ikuta and Judge Susan Graber from the 9th Circuit and Judge Debra Ann Livingston from the 2nd Circuit.

A graduate from UCLA Law, Judge Ikuta clerked for the 9th Circuit, as well as Supreme Court Justice Sandra Day O'Conner.  She was nominated by George Bush in 2006 and now works alongside her former boss on the 9th Circuit, Judge Alex Kozinski.  Her first published opinion was United States v. Baldrich, 471 F.3d 1110 (9th Cir. Cal. 2006).

Judge Susan Graber graduated from Yale University Law.  Her career as a judge began in 1983, and she served on the Oregon Court of Appeals and the Oregon Supreme Court before being nominated by former classmate Bill Clinton to the 9th Circuit Court of Appeals.  With her appointment, she became the first female judge from Oregon to serve on the 9th Circuit.

Judge Debra Ann Livingston was nominated by George W. Bush in 2006 to serve on the 2nd Circuit.  A graduate from Harvard Law, Judge Livingston also clerked for the court in which she now sits, as a young graduate.  She is also a former prosecutor for the Southern District of New York and criminal procedure professor at University of Michigan Law School and Columbia Law School.