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Published byDella Stephens Modified over 9 years ago
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Reaching the limits of a policy argument (and giving the client the bad news ) Robert Anderson Professor of the Practice of Law University of Denver Sturm College of Law randerson@law.du.edu
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Fact gathering Exploring policy arguments Reaching the limits of policy Giving the client the bad news A modular exercise
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Context for the exercise Exploring the keys to objective analysis Understanding the power of binding authority Set up for the exercise A modular exercise
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Divide students into attorney-client pairs Attorney conducts client interview 1 st module: fact gathering
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Provide primer on search and seizure law Lead discussion of policy and fairness arguments 2 nd module: exploring policy
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Read and discuss Caballes v. Illinois Listen to and discuss U.S. v. Johnson oral argument 3 rd module: Reaching the limits of policy
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Return class to attorney-client teams Attorney delivers Caballes analysis to client Client responds 4 th module: Giving the client the bad news
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Take it slow Can’t take it slow? Break it into pieces Lessons learned
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Similarly themed exercises? Your lessons learned? Suggested mods and patches? Questions: yours and mine
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