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Students who accept an invitation
for membership in the Society are able to participate in both Valparaiso’s
Luther M. Swygert Memorial Moot Court Competition and one interscholastic
competitions.
In memory of the late Judge Luther M.
Swygert, Mrs. Gertrude Swygert, his wife and Professor Michael I. Swygert,
his son, established an endowment at at the Valparaiso School of Law for the creation of
an annual moot court competition to celebrate Judge Swygert’s memory and
special relationship with Valparaiso University School of Law.
Judge Swygert graduated from Notre Dame Law School in 1927 and was an
Assistant United States Attorney for the Northern District of Indiana.
President Franklin D. Roosevelt nominated Judge Swygert to the United
States District Court for the Northern District of Indiana in 1932. Judge
Swygert served as the Chief District Judge until 1961, when President John
F. Kennedy nominated him to serve on the United States Court of Appeals
for the Seventh Circuit. Judge Swygert sat on the the Seventh
Circuit until 1987. He was the Chief Circuit judge from 1970-1975 and became a
Senior Circuit judge in July of 1981. Judge Swygert continued to hear
appeals until 1987.
Judge Swygert was awarded an
honorary doctor of law degree from Valparaiso University during the
dedication ceremony of Wesemann Hall, in 1963. Judge Swygert was the
first ever jurist in residence at the School of Law and taught an
innovative seminar, “Language and the Law.” His son, Michael Swygert,
graduated from the School of Law in 1967, ranking first in his
class. Additionally, Michael Swygert also was the Editor-in-Chief of the inaugural
issue of the Valparaiso University Law Review. Michael Swygert
received his L.L.M. from Yale Law School in 1968 and is currently a
professor at Stetson University College of Law, in St. Petersburg,
Florida.
Judge Swygert had a special interest in legal
education, particularly in moot court programs, throughout his legal
career. He acted as a judge for moot court competitions at Valparaiso,
Syracuse, Notre Dame, Indiana University, New York University, Wisconsin,
Illinois, DePaul, Northwestern, Chicago and Yale law schools. In light of
Judge Swygert’s special interest, the Judge Luther M. Swygert Memorial
Moot Court Competition was created in 1989.
The competition involves an annual intra-school moot
court competition to be held at the School of Law, hosted by the Moot
Court Society. All moot court members, with the exception of the
Executive Board, participate by writing a brief and arguing on a topic
selected by the Associate Justice of the Swygert Competition. In
previous years, topics have included the following:
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Voting
Rights Act of 1965 and whether felons are denied the right to vote under
state Felon Disenfranchise Acts
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Violent video programming and whether a statute that
regulates violent programming when children are not in the audience is
constitutional under the First and Fifth Amendment to the United States
Constitution
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Campaign finance reform and corporate speech
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School sponsored speech and to what extent student and
teacher speech can be permissibly regulated by school officials and
boards
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Video games
and whether the First Amendment protects this new media and if so, what
constitutional standard of review would apply to a regulation limiting
minors’ access to sexually explicit video games
The competition features two preliminary rounds, a
quarter-final round, a semi-final round, and a final round. The
preliminary rounds and the quarter-finals are judged by the Executive
Board and the semi-final round is judged by three School of Law
professors. The final round features jurists from courts throughout the
country. A Seventh Circuit judge is selected and acts as the Chief
Justice. Past judges have included Hon. Antonin Scalia, United
States Supreme Court, Hon. Clarence Thomas, United States Supreme Court;
the Hon. Frank Easterbrook, Hon. Diane Wood, Hon. Richard Cudahy, Hon.
Diane Sykes, of the United States Court of Appeals for the Seventh
Circuit, and all justices of the Indiana Supreme Court, as well as other
notable jurists from across the country.
Prizes are awarded for the Best Team, Best Brief and
Best Oralist. The Moot Court Society is honored to host this annual
competition in memory of Judge Swygert and would like to thank the Swygert
family for their continued interest and support of the Swygert
Competition.
Please direct any questions about the Luther M.
Swygert competition to
Elizabeth
Tosh, Associate Judge of Swygert.
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