ADVOCACY COMPETITION SUCCESSFULLY DRAWS
STUDENTS TO VETERANS LAW

This year the Court and the CAVC Bar Association co-sponsored the first ever student advocacy competition in veterans law. The Veterans Law Appellate Advocacy Competition (VLAAC) was organized to help the CAVC celebrate its 20th anniversary and the oral advocacy rounds of competition were held at the CAVC on October 14th and 15th, the two days preceding the anniversary celebration. Thirteen teams from eight different schools participated.

The two person teams addressed two issues in the fictional case of Shinseki v. Joseph before the Supreme Court. In the fact pattern, Army corporal Gerald I. Joseph suffered acute liver failure while participating in a drinking game at a deployment party when alcohol consumption aggravated a previously undiagnosed liver disease. During treatment, Cpl. Joseph refused a recently approved drug on religious grounds because it is derived from the livers of genetically engineered pigs. After being medically discharged when his liver transplant was not fully successful, Mr. Joseph was denied benefits because his condition was due to his reckless misuse of alcohol and his willful refusal of recommended medical treatment. The issues presented were:

1. Does 38 U.S.C. § 105(a) bar disability compensation where the consumption of a substantial amount of alcohol aggravates a pre-existing condition unknown to the veteran?

2. Does the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb, et. seq., prohibit the Department of Veterans Affairs from denying benefits where the veteran's disability was caused or exacerbated by his refusal to accept medical treatment on religious grounds?

Each team was assigned to represent either the Secretary as petitioner or the veteran as respondent in briefing and worked from July through September drafting briefs. However, each team had to argue both sides during the two preliminary rounds. The sides for the semi-final and final rounds were assigned at random.

The VLAAC was a resounding success in bringing together practitioners from all sides of veterans law and introducing students to veterans law. The briefs, the preliminary argument rounds, and the semi-final rounds were each judged by one representative of the Court, one Group VII attorney, and one experienced veterans representative. The final round was judged by a panel of judges from the CAVC comprised of Chief Judge Greene, Judge Hagel, and Judge Moorman.

Best Petitioner's Brief was awarded to Michael Chajon and Jonathan Gaffney of the George Washington University School of Law. Best Respondent's Brief was awarded to Chase Hattaway and Megan O'Neill of the Stetson University College of Law. The semi-final teams represented George Washington (2 teams), Stetson University, and Howard University. Ultimately, Megan O'Neill was awarded the title of Best Advocate and the Stetson University team was the overall champion after successfully arguing off brief in the finals.

Reactions from the students and the judges were resoundingly positive. The judges commented on the outstanding quality of advocacy displayed by the students and the competitors expressed great satisfaction with an interesting and timely problem that they could relate to. In addition to the competition itself, the participants enjoyed a reception with the Group VII and private attorneys who judged the competition, the VLAAC staff, and the judges of the Court. Several teams were also able to attend the CAVC anniversary celebration on the day after the competition.

The competition was made possible by the extraordinary efforts of dozens of members of the CAVC and the Bar Association. It would not have happened without the tireless efforts of Natalie Hayen — a CAVC law clerk who transitioned to private practice in July — who took an idea that had been mentioned for years and decided to make it a reality. Once the ball was rolling, Alice Kerns — Counsel to the Board of Judges and a current member of the Board of Governors — and Ramin Taheri — a current law clerk at the CAVC — led the organization of the competition with the assistance of numerous other law clerks and court staff. The closed-book problem was invented and drafted by James Ridgway, who also participated in judging the briefs and tabulating the oral argument results. CAVC Bar Association President Louis George coordinated the efforts of the Bar Association in providing numerous judges and other support. Nonetheless, ultimate credit for this success must go to all of the volunteers who stepped up to act as judges, hosts, and staff before and during the competition.

The other schools participating in the competition were Washington College of Law, American University; Boston University School of Law; Georgetown University Law Center; The John Marshall Law School; and North Carolina Central University School of Law. Additional information on the competition is available at www.vlaac.org.

written by James Ridgway