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