A Distinctive Approach to Teaching: Exposing Legal Strategy
By Frances Presma
Exposing Legal Strategy
Once the cross is completely lit, I'd say ‘Klansmen, salute.' And that's when they'd open their arms out in the sign of the cross. You'd hear music in the background playing ‘Amazing Grace.' And you'd hear somebody say,
‘Behold the fiery cross, still illuminating the sky brilliantly.'
Duke Law School also aims to produce top legal strategists, and the documentaries expose students to the ways different cases come before the nation's highest court. While many cases in the series involve matters of constitutional law, they also showcase other areas–civil and criminal procedure, property rights, and intellectual property, to name a few.
"We see how lawyers pick plaintiffs, we see how they put cases together, and we see how legal issues emerge from real cases. That's a very valuable component for training lawyers," says Metzloff.
"Watching how lawyers work from the very beginnings of a case all the way to the Supreme Court–you see how the case changes and the arguments change," observes Wood, who previously approached many of the cases as a student and then as an instructor in Metzloff's introductory course for international LLM students.
A number of cases in the series feature the participation of legal interest groups, offering insight into how policy is made or changed through litigation, says Wood. These include Grutter v. Bollinger , the challenge to affirmative action policies in the University of Michigan Law School's admissions process, an effort spearheaded by the Center for Individual Rights, and Board of Education v. Earls , involving an unsuccessful ACLU effort to stop drug testing in high schools.
"These organizations might have an issue that they are interested in, so they go looking for plaintiffs. They collect a bunch of letters and pick the right plaintiff in the right circuit–it's very strategic," she notes.
Other cases such as Black's, may involve a legal interest group–there, the ACLU–but begin as most litigation does, with an individual seeking representation.
Casey Dwyer '06, who worked on the documentary project after her first year of law school, recalls participating in the interview with David Baugh, the African American lawyer who volunteered to represent Black, enlightening.
"I was incredibly struck by his passion for the First Amendment, and how much he cared about protecting rights. He was willing to represent a guy who was basically arrested for his racism–he believes so strongly in the Constitution that he can put aside any personal feelings to represent him. It amazes me to see that the law is so much bigger than anyone's personal beliefs–just how important it is to defend the Constitution, no matter what. From an ethics standpoint, it really teaches you about how you have to represent clients, and what should be the main goal."
That's exactly the reaction Metzloff wants. "I believe law school is about lawyering, and having always taught ethics, I'm focused on how lawyers and clients interact. I think that comes through on the videos."
