Tuesday, May 6, 2014
I was recently asked to participate as a judge in a high school “moot trial” competition amongst three of our local high schools. I was intrigued by the notion of a high school “moot trial,” so I of course began asking questions about the event.
It turns out the students had been studying Brown v. Board of Education, and our local Board of Education wanted to host a capstone event to celebrate that study. What they really wanted was to host a debate on the issues in Brown, and I think they really meant moot court, not moot trial. While it was a good idea, the implementation became problematic as the organizers, who were not lawyers, could not understand the full vision or magnitude of the task assigned to the students. After some conversation with me and other professors, however, the vision narrowed to a more manageable scope for the students. In the end, the students basically reconstructed the oral arguments from Brown and delivered them in a moot court style.
I have to admit, I was skeptical going in about the ability of the students to grasp the issues without having had any formal guidance or legal training. The students, however, were nothing short of amazing. Don’t get me wrong—they aren’t ready to argue at the Supreme Court, but these students showed great potential as blossoming appellate advocates. They were poised, confident, thoughtful, and prepared. Until hearing them, I would have thought it unproductive to use Supreme Court precedent in this fashion at the high school level. Surely high schoolers are not open to learning about important historical developments in our law through the reading of the actual cases and briefs, right? Now, though, I see a number of opportunities for awakening social justice issues by engaging in brief studies of major Supreme Court decisions, and I think the context of the cases and briefs is exactly what the students need to stimulate a desire to learn and understand the issues of the day.