The John W. Davis Moot Court Competition is an appellate advocacy competition held annually at Washington and Lee University School of Law. Each year, the Competition involves a contemporary question of constitutional law. Last year, the Competition concerned the Fourth Amendment. The 2008 Problem addressed whether law enforcement authorities may conduct a warrantless search-incident-to-arrest of a suspect's automobile, after the suspect has been handcuffed and secured. The United States Supreme Court resolved this issue last spring. See Arizona v. Gant, 129 S.Ct. 1710 (2009).
The Davis Competition consists of two components, preparation of an appellate brief and the presentation of oral arguments before a panel of judges. This year's problem will be available starting on Tuesday, August 25, 2009. Students may write briefs individually or in teams of two, but all participants must argue alone. If you decide to write your brief with a partner, please choose wisely.
All participants compete in Rounds One and Two. Competitors advance from the Second Round based upon their performance on the brief and their oral advocacy skills in the first two rounds. Advancement in later rounds is based purely on oral advocacy. The Moot Court Board will present awards to the top oralists, to the winner(s) for Best Brief, and to the first runner-up for Best Brief. Awards will be presented at the Final Round of oral arguments, which is scheduled for October 23, 2009. At Finals, the top four finalists will present oral arguments, on or off brief, before three judges.
Be advised that the Honor System applies to every aspect of this competition.
6:00 PM Tuesday, August 25, 2009: Moot Court Board Initial Interest Meeting for all competitors. This meeting is mandatory for all 2Ls and 3Ls interested in competing in Moot Court this year.
Tuesday, August 25, 2009: Davis Competition Problem Released on website.
Tuesday, August 25 through Thursday, August 27, 2009: Davis Competition Sign-Ups (sign up at Moot Court Bulletin Board outside the Brief Stop. Indicate whether you will write your brief alone or with a partner).
Saturday, August 29, 2009: Participants who have signed up will receive an e-mail informing them whether they will be the Petitioner or the Respondent for the brief.
Wednesday, September 2, 2009 at 6:00 PM in Moot Court Room: Davis Primer with Dean Smolla
9:00 AM on Monday, September 6 - 5:00 PM on Sunday, September 13, 2009: Participants can sign up for the times they wish to argue during the First and Second Rounds of Oral Arguments.
4:59 PM Sunday, September 13, 2009: Davis Briefs Due outside Moot Court Board Room. Be advised that points are deducted for late briefs.
Monday, September 14 - Thursday, September 17, 2009: Round One of Oral Arguments (Participants will argue on-brief).
Monday, September 28 - Thursday, October 1, 2009: Round Two of Oral Arguments (Particpants will argue off-brief).
Monday, October 5 and Tuesday, October 6, 2009: Quarterfinal Round of Oral Argument
Monday, October 12 and Tuesday, October 13, 2009: Semifinal Round of Oral Argument
Friday, October 23, 2009: Final Round of Oral Argument
Specific times for above events to be communicated through e-mail or on Moot Court Executive Committee Bulletin Board by Brief Stop.
UPDATED Davis 2009 - Competition Rules
Davis 2009 - Facts and Statutes
Davis 2009 - District Court Opinion
Davis 2009 - Circuit Court Opinion
Davis 2009 - Writ of Certiorari
NEW: 2008 John W. Davis Finals
Barry Sullivan Article on Arguing an Appeal: Circuit Rider Uses of Oral Argument
Current Rules of the Supreme Court of the United States.
Current Guide for Counsel in Cases to be Argued in Front of the Supreme Court of the United States.
Oral Argument Tips from the Duke Moot Court Board.
Oral Argument Tips from the GW Moot Court Board.
U.S. v. Autry - Respondent Brief
Andrew Finnicum (finnicum.a@law.wlu.edu) and E. Benton Keatley (keatley.e@law.wlu.edu)