Litigating Federal Habeas Corpus Cases
This simulation seminar is designed to provide students with hands on experience with federal habeas corpus proceedings. Federal habeas cases are a particularly instructive way to learn about criminal law and procedure and the criminal justice system because students are able to see the entire life of a criminal case (the case file contains the trial transcript, the appellate briefs, and the state post-conviction record), because the individual cases frequently raise numerous policy-related issues. And because of the issues and interests involved, they are also excellent cases in which to hone advocacy skills.
In lieu of a final exam, students will represent the State or a petitioner in a now-closed federal habeas corpus case, including writing a brief and participating in oral argument. The goals are for students to gain analysis, writing, and advocacy experience, as well as for students to engage in critical thinking about the criminal justice system in general.
The course is team-taught by a current Assistant Attorney General and Assistant Federal Public Defender, providing students with a unique opportunity to evaluate the competing interests that exist in each criminal case, as well as the criminal justice system itself. Working through the assigned case, as well as participating in class discussions and lectures, students will gain knowledge of how to handle collateral challenges, and will also engage with (1) substantive criminal law and procedure, (2) substantive constitutional law; (3) federal and Oregon rules of civil procedure, (4) federal and Oregon evidentiary rules, and (5) Oregon rules of appellate procedure and preservation of error requirements. The brief will satisfy the Writing Intensive Experience requirement.
Prerequisites: Evidence, and two of the following three classes: Criminal Law I, Criminal Procedure I, Criminal Procedure II.
Meets the WIE writing requirement.
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The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.
Law Registrar is located in Legal Research Center on the Law Campus.
MSC: 51
email lawreg@lclark.edu
voice 503-768-6614
fax 503-768-6850
Registrar Tiffany Henning
Law Registrar
Lewis & Clark Law School
10101 S. Terwilliger Boulevard MSC 51
Portland OR 97219