Writing Separately: Concurrences and Dissents on the Federal Courts of Appeals

Catalog description

In this seminar, we will examine why federal appellate judges write separately and what they hope to accomplish when they do. Readings will situate this writing practice within broader debates about the role of the federal appellate courts and the nature of judicial independence. We will study the cost-benefit calculus of deciding to write separately, including contemporary issues of caseload pressures, circuit splits, social media amplification, threats against individual judges, and eroding public confidence in the judiciary. Each student will draft one concurrence and one dissent based on actual federal appellate records; engage in a guided peer review for both drafts; and conference individually with the professor to substantially revise one opinion. Students do not need to be interested in clerking to enroll.