Spring 2023 – Teaching the Next Generation of Trial Lawyers
8:00 AM – 8:45 AM: Continental Breakfast
8:45 AM – 9:00 AM: Opening Remarks
Prof. Tony Ghiotto, University of Illinois College of Law
9:00 AM – 10:30 AM: Session I – “Competitive Advocacy: The Role of Mock Trial in Teaching Trial Advocacy”
Moderator: Prof. Tony Ghiotto, University of Illinois College of Law
Judge David Erickson, Chicago-Kent College of Law
Professor Joe Lester, University of Georgia School of Law
Professor Elizabeth Lippy, Temple University School of Law
Professor Adam Shlahet, Fordham University School of Law
Session Description: In the past twenty years, the profile and role of mock trial programs has grown sharply. Law schools invest heavily in their mock trial teams, to include financial, staff, faculty, and instructor resources. Law students invest substantial time, energy, and focus on advocacy competitions. Further, law schools now receive an “advocacy ranking,” depending strongly on their performance in advocacy competitions. This panel explores the growth of mock trial competitions and their placement within trial advocacy curricula. How can mock trial programs ensure students are taught to be effective and professional advocates in practice, while also winning competitions? Is it possible to teach real world trial skills and still be competitive in mock trial competitions? How can lessons of professionalism and ethics be included in competitive advocacy? Or should competitive advocacy be divorced from trial advocacy curriculum and, instead, be a student led effort focused on pure competition?
10:30 AM – 10:45 AM: Break
10:45 AM – 12:15 PM: Session II – “Teaching the Teachers: How to Make Practicing Litigators Into Effective Trial Advocacy Teachers”
Moderator: Kimball Anderson, Winston & Strawn LLP
Professor Elizabeth Boals, Stetson University College of Law
Rhani Lott Choi, National Institute for Trial Advocacy (NITA)
Professor Zelda Harris, Loyola Chicago School of Law
Hon. Ann Claire Williams (ret.), Jones Day
Session Description: Trial advocacy programs rely heavily upon practicing attorneys to serve as adjunct professors to provide day-to-day advocacy instruction. Whether the practicing attorney coaches a trial team, teaches foundational trial advocacy workshops, or teaches advanced advocacy courses, her instruction is essential in preparing and mentoring student advocates. However, being a successful and respected trial attorney does not automatically equate to being a good teacher. This panel explores how trial advocacy directors and full-time faculty can teach their trial advocacy adjunct professors to be effective classroom and courtroom teachers.
12:15 PM – 12:30 PM: Break and Serving of Lunch (lunch will be provided)
12:30 PM – 1:15 PM: Keynote – “Reflections and Predictions: Discussing the Past, Present, and Future of Teaching Trial Advocacy”
Professor Steve Lubet, Northwestern Pritzker School of Law
1:15 PM – 1:30 PM: Break
1:30 PM – 3:00 PM: Session III – “Trying Cases in Today’s Complex World: How to Incorporate Professionalism, Diversity, and Inclusion in Trial Advocacy Curricula”
Moderator: Lynn Murray, Shook Hardy & Bacon/ACTL Fellow
Prof. Annie Deets, University of the Pacific McGeorge School of Law
Prof. Cynthia Goode Works, The American University, Washington College of Law
Dean Monica Monroe, Harvard Law School
Colonel Tara Villena, Department Head, U.S. Air Force Academy
Session Description: Litigation in today’s environment is increasingly complex. Rhetoric is charged, and lawyers in the public eye have increasingly skirted the rules of professional conduct and have misled courts and the public. Further, the legal profession demands, requires, and expects more diversity and inclusion amongst its members. As groups of historically underrepresented individuals have seen their rights, liberties, and existence questioned, they turn to the courts for relief. They seek lawyers who not only understand and respect them, but who also look like them and come from similar experiences. As such, trial advocacy curricula must not reinforce a type of zealous advocacy that avoids or minimizes the professional rule of ethics nor implicitly or explicitly excludes historically underrepresented individuals. Instead, trial advocacy curricula must incorporate lessons of professional advocacy and welcome and support those individuals who represent diversity and inclusion. How can advocacy curriculums meet those professional demands?
3:00 PM – Closing Remarks
Kimball Anderson, Winston & Strawn LLP
Fall 2023 – Litigating the Second Amendment: Gun Safety Advocacy in the Wake of Heller and Bruen
8:00 AM – 8:10 AM: Opening Remarks
Dean Jamelle Sharpe, University of Illinois College of Law
7:30 AM – 8:00 AM: Continental Breakfast
8:10 AM – 9:30 AM: Session I – “Affirmative Litigation and Gun Industry Accountability”
Moderator: Kristen Elmore-Garcia, Elmore Law
John Elmore, Elmore Law
Josh Koskoff, Koskoff Law
Alla Lefkowitz, Everytown for Gun Safety
Ari Scharg, Edelson
Session Description: This panel is focused on using affirmative litigation to hold gun companies accountable. Such litigation may seek to establish liability for defective products, inadequate safety measures, or illegal sales practices that contribute to gun violence. The panel focuses on techniques for successfully utilizing affirmative litigation, lessons learned for future efforts, and a discussion on where affirmative litigation is likely needed for future efforts and anticipated issues.
9:30 AM – 9:40 AM: Break
9:40 AM – 11:00 AM: Session II – “The Role of Amicus Briefing in Defending Second Amendment Challenges to Gun Laws”
Moderator: Leigh Rome, Giffords Law Center
Shira Feldman, Brady
Timothy Howard, Freshfields
Makennan McBryde, March for Our Lives
Yvin Shin, March for Our Lives
Session Description: Beyond affirmative litigation efforts, individuals, organizations, and government entities have increasingly turned towards amicus briefs to defend important gun safety laws from Second Amendment challenges. This panel provides a practitioner’s perspective on using amicus briefs, focusing on their impact, their ability to incorporate specialized knowledge or expertise in relevant fields, such as constitutional law, criminology, public health, or firearms policy, and challenges posted by an amicus program.
11:00 AM – 12:30 PM: Brief Remarks by Congresswoman Gabby Giffords, Giffords Law Center, followed by serving of lunch (provided)
12:30 PM – 1:15 PM: Keynote Address by Congressman Eric Swalwell
1:15 PM – 1:30 PM: Break
1:30 PM – 3:00 PM: Session III – “Ethical Use of History in Second Amendment Litigation”
Moderator: William “Billy” Clark, Giffords Law Center
Dr. Saul Cornell, Fordham University
Julia Hesse, Choate
Dr. Brennan Rivas, Independent Historian
Kevin Schascheck, Attorney
Dr. Jennifer Tucker, Wesleyan University
Session Description: In New York State Rifle & Pistol Association v. Bruen, the Supreme Court held that the constitutionality of modern gun safety measures must be evaluated by direct analogy to history, unmediated by familiar doctrinal tests. Following this holding, practitioners litigating Second Amendment cases must engage with historical texts and records in arguing whether a given gun law is consistent with historical analogs. This approach has called into question the ethical uses of history in making these arguments. Are advocates engaging with the full historical record? Can the historical record be manipulated to advance an advocate’s position? And how and by whom should this historical evidence be admitted in Second Amendment litigation? To answer these questions, this panel brings together both historians who write, publish, and serve as expert witnesses in Second Amendment issues, along with practitioners who are using these writings and testimony to advocate for their clients.
3:00 PM: Closing Remarks
Kimball Anderson, Winston & Strawn LLP