794P Judging and Clerking
August 2003
      The Honorable James L. Graham and Professor Douglas A. Berman

COURSE SYLLABUS/OUTLINE

 Date	Assignment	Class discussion topics	
Aug 11
	
	Meador, American Courts 
Chapters 1 & 5
Appendices A-C	Pre-break: 	Introductions; brief lectures about course by Judge Graham and Professor Berman; start of discussion of issues on pre-class questionnaire. 

Post-break:	Continued discussion of issues on pre-class questionnaire – e.g., tasks of judges and clerks, importance of court structures.	
Aug 12

	Sirico, Judging, Chapter 2 &  
pp. 17-20, 206-09, 200-05

Articles on judicial philosophy and the appointment process	Pre-break: 	Selection/appointment of judges and its impact on the judicial function; philosophies of judging and realities of decision-making.

Post-break:	Continued discussion of decision-making, with emphasis on philosophy of judging (and clerking) and on the importance of opinion-writing.
		
Aug 13

	Meador, American Courts 
pp. 9-12, 20-21 

Sirico, Judging, Chapters 6 & 8

	Pre-break: 	Unique functions and tasks of trial judges —  e.g., docket-control; discovery management; conducting trials; working with court personnel.

Post-break:	Unique functions and tasks of trial clerks —   e.g., pre-trial preparations; working with court personnel and lawyers/parties; drafting orders.
Guest visits by clerks of Judge Graham 
	
Aug 14

	Meador, American Courts 
pp. 12-16, 21-26

Berman & Cooper, Less Precedential Opinions, 
60 Ohio St. L.J. 2025 (1999).
pp. 2025-34 (required)
pp. 2035-43 (optional)	Pre-break: 	Unique functions and tasks of appeals judges —  e.g., collective decision-making; varied court structures and caseload pressures; review standards; collegiality and opinion development.

Post-break:	Debate unpublished opinions; discussion of unique functions of appeals clerks —  e.g., pre-argument preparations; drafting opinions.

Aug 15
	Submit paper outline

FINAL PAPERS DUE 10AM, MONDAY, SEPTEMBER 15	Pre-break: 	Becoming a judge and/or a clerk.

Post-break:	Brief presentation and round-table discussion of student paper topics.