This seminar explores the phenomenon of judicial decisionmaking, and it does so in the context of the law of remedies. Students enrolled in this seminar work as judges making judicial decisions and writing opinions. The judges serve in "courts" of five students. In a typical week, the courts will be provided written fact patterns for hypothetical cases raising issues related to the law of remedies; the court will then hold a judicial conference (typically in class), and at this conference the students will decide how to resolve each case and who will write the majority opinion. There is no minimum length for an opinion, and no outside research is required, but the opinion must persuasively justify the court's resolution of the case, including appeals to that court's own precedents from earlier in the course. Concurrences and dissents are welcome. A student must join at least one of her court's opinions in each case. The basis for a student's grade in the course is the opinions that the student writes or joins.
The seminar is designed to give students insight into the law of remedies and into the problems judges face when interpreting legal materials, working within the confines of precedent, and collaborating with colleagues. There will also be sustained attention to writing and editing, with a focus of course on judicial opinions. A course in remedies is not a prerequisite. Admission to this seminar is by application, and enrollment is limited to three courts (i.e., fifteen students). Since the members of each court must work together closely under rigid time constraints, students are encouraged to form their own complete courts prior to applying for the seminar, though this is not required. This seminar does not satisfy the SAW requirement.