Scholarship@WashULaw

Document Type

Article

Language

English (en)

Publication Date

2024

Publication Title

Washington University Journal of Law and Policy

Abstract

This Essay makes a case for why clinical appellate amicus advocacy is particularly well suited to foster valuable experiential learning in the public interest. First, the Essay explores amicus advocacy in general, including its purposes and effectiveness. The Essay then turns to a survey of the educational benefits of amicus opportunities. Importantly, the process of identifying and pursuing amicus-eligible cases is rife with pedagogical benefits, including maximizing student engagement by broadening the kinds of cases to which students can engage (especially incorporating an element of choice that empowers students to engage with legal questions that carry a personal valence), teaching the logistics of appellate and amicus procedure, and encouraging students to see themselves and the legal system as strategic actors within their respective communities. Once clinic students land an amicus matter, they can begin to reap the pedagogical benefits of developing and implementing an effective strategy: This often involves the ability to advocate outside of blackletter doctrinal strictures (presenting an alternative mode of persuasion that is not often highlighted in law school), and facilitates students’ exposure to sources of feedback and client interaction. All of this positions clinical amicus advocacy as a superb vehicle for fostering the integration of clinic students’ personal and professional identities while promoting the public interest.

Keywords

Amicus Advocacy, Experiential Learning, Clinical Legal Education, Public Interest Law, Student Empowerment

Publication Citation

Steven J. Alagna, The Pedagogical Value of Clinical Amicus Advocacy, 75 Wash. U. J. L. & Pol’y 47  (2024)

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