Since 2010, ELSSCAP has worked on over 40 Supreme Court filings, including briefs for amicus curiae and petitions for certiorari.
The Emory Law School Supreme Court Advocacy Program (ELSSCAP) is the only student-run Supreme Court litigation program in the United States, producing persuasive petitions for certiorari and amicus briefs in a broad range of practice areas, including administrative law, bankruptcy law, constitutional law, criminal law, and tort law. Students work under the guidance of experienced litigators as they handle all aspects of ELSSCAP's work, giving them a unique opportunity to choose cases, write briefs, and engage in significant issues that merit being heard by the US Supreme Court.
History
In 2010, the late Professor David J. Bederman and Kedar Bhatia 13L formed the Emory Law School Supreme Court Advocacy Program to provide students with experience in litigation, research and writing, compliance with court rules, and communication with outside counsel.
Paul Koster, Associate Professor of Practice, serves as the faculty advisor to the program.
Achievements
The Emory Law School Supreme Court Advocacy Program is recognized in the legal community for its many successes.
- Justice Breyer, in a dissenting opinion, cited a merits-stage amicus brief ELSSCAP filed in Florence v. Board of Chosen Freeholders on behalf of medical professionals.
- In 2012, the Supreme Court granted certiorari in one of ELSSCAP’s cases, Bullock v. BankChampaign N.A., a bankruptcy case regarding the definition of “defalcation.” On May 13, 2013, the Supreme Court issued a unanimous decision in favor of ELSSCAP’s client.
- National Law Journal recognized ELSSCAP’s public service efforts and profiled the organization for the amicus brief it filed in Florence v. Board of Chosen Freeholders.
- ELSSCAP won the International Municipal Lawyers Association Amicus Service Award for the 2010-11, 2012-13, 2013-14, 2014-15, 2015-16, 2018-19, and 2019-20 school years for its work in representing the organization's interests.
Amicus Briefs
Vance v. Rumsfeld (Government Accountability Project)
Standard Investment Chartered v. National Association of Securities Dealers (Cato Institute, Competitive Enterprise Institute)
Sheriff v. Gillie (5 Consumer Law Professors)
Sensational Smiles v. Jewel Mullen (Southeastern Legal)
Scott v. St. John's Church in the Wilderness (Historians of art and photography)
San Francisco v. Sheehan (IMLA, National Association of Sheriffs)
Salman v. U.S. (Richard D. Freer)
McCutcheon v. RNC (Committee for Justice)
Los Angeles Flood Control District v. NRDC (IMLA)
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (People for the American Way)
Florence v. Burlington County Freeholders (Medical Society of New Jersey, Center for Prisoner Health and Human Rights, medical experts)
Fisher v. University of Texas at Austin (Emory OUTLAW, Emory Latin American Law Students Association)
E.I. v. V.L. (32 Family Law Professors)
Dan's City Auto Body v. Pelkey (IMLA, National Association of Counties, National League of Cities)
Commil USA, LCC v. Cisco Systems, Inc. (Intellectual property law professors)
City of New York v. The Permanent Mission of India (IMLA, National League of Cities, U.S. Conference of Mayors)
Christopher v. GlaxoSmithKline (Medical professionals)
Boudreaux v. SEC (IMLA)
Bolden v. Doe (5 Concerned Family Law Professors)
Blanchard v. Brown (IMLA)
Association of American Railroads v. DOT (Alexander Volokh)