Legislative Drafting and Public Policy

This is a policymaking class that provides students with an opportunity to research in depth a topic of their choice and to strengthen their oral advocacy skills in a simulated “study committee” setting. The skills learned will be useful in practice with a private law firm, non-profit, public interest group, state or local government, etc., as well as in public policymaking by legislatures and administrative agencies. The instructor, who has decades of experience interpreting, drafting, and advocating for and against legislation at the state and federal levels, has found that the class “committee” discussions and policy debates, complete with votes on various amendments, are as good as (and sometimes better than) their real-world counterparts. The seminar will begin with a brief review of the legislative process and separation of powers issues, the canons of statutory construction and interpretation, the use of legislative history, and a discussion with a leading journalist about interacting with the media (both as a private lawyer and as a government official). There then will be a six-week break for students to complete their research papers, followed by practical exercises related to the drafting, consideration, and adoption of legislation, using the student papers and bills as the focus. The course requirements are: (i) a bill on a topic of the student's choosing along with a 20-page research paper (maximum of 25 pages) that will serve, in effect, as the “Commentary” on that bill; (ii) at least one amendment to each of the proposals offered by others in the class; (iii) class participation, which will give students an opportunity to strengthen their oral advocacy skills by arguing in favor of their bill and for or against proposals and amendments offered by others in the class, and (iv) a redraft of their bill (but NOT their research paper) that incorporates amendments to their bill adopted by a majority of the “committee”. Materials will be available to assist students in choosing a research paper topic if they do not already have one in mind, including a list that will be posted on the Canvas course page of over 300 diverse topics that had been addressed in the past (but there is no requirement or expectation that a student's topic must come from that list). The instructor also will be available to help you select a topic. Proposals may be something original, but there is no expectation that they will be; typically, proposals are based on, or are amendments to, an existing statute, which is fine. Because most students’ practices will involve more state law than federal law, topics and bills addressing state law issues are preferred (any state is fine), but federal topics and bills certainly are acceptable and have been pursued in the past. Each bill and research paper will be due by no later than 9:00 p.m. on Monday, October 16. Among the bills and research papers submitted over the years are ones addressing domestic violence, redistricting, sexual harassment, gun violence, recycling, hostile corporate takeovers, fetal abuse, dram shop legislation, non-tidal wetlands, campaign finance reform, criminal record checks, drug testing of public employees, and workfare. The instructor will be available for consultation outside of class throughout the semester.