243.7A sec. 001 - 9th Circuit Practicum (Fall 2026)
Instructor: William H D Fernholz (view instructor's teaching evaluations - degree students only | profile)
Instructor: Judah B Lakin (view instructor's teaching evaluations - degree students only)
Instructor: Amalia Wille (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 4
Grading Designation: Credit Only
Mode of Instruction: In-Person
Course End: December 03, 2026
Enrollment info:
Enrolled: 8
Waitlisted: 0
Enroll Limit: 8
As of: 07/25 12:13 AM
Information sessions concerning the Ninth Circuit Practicum will be held in early April.
Admission to the Practicum and the co-requisite Seminar is by application only. The Ninth Circuit requires that a student have completed two-thirds of their law school training to practice before the Court. As a result, we will consider applications only from rising third-year students.
The Ninth Circuit Practicum provides students with an intense experience in appellate advocacy. Students brief and argue cases before the U.S. Court of Appeals for the Ninth Circuit on behalf of clients who would otherwise not have legal representation. Students also learn aspects of federal law and appellate practice.
Working in collaboration with the Ninth Circuit’s Pro Bono Program, four two-member teams of students each brief and argue an appeal. Most likely the appeals will concern immigration or civil rights law, though we will not know the cases and clients until this summer. We expect to file opening briefs in October and reply briefs in February of the following year. The cases may be set for argument in April, and students will argue under faculty supervision, unless the case is settled or remanded earlier. Because of this schedule, the Practicum is a two-semester experience.
This is a demanding course. Students work very hard during the summer and early in the Fall semester to master the cases and prepare the opening briefs. The work is uneven in the Spring semester given the timing of the reply briefs and arguments. Students must devote the necessary amount of time to these cases on this schedule, so they may not concurrently enroll in another clinic, field placement or practicum, Appellate Advocacy, or other courses with a competing commitment. Each team and case has a primary faculty supervisor, though the teams also collaborate with each other. If one or more cases is resolved prior to oral argument, we may need to reassign students to other cases or merge them into an existing team.
Because of the needs of the clients, we cannot guarantee that the briefing will follow this schedule or that every case will be fully litigated or argued. We will do what is best for the clients, and that might mean settling or mediating a case. It is possible that the court or the Practicum will need to alter the briefing or argument schedule. But we select cases anticipating that they will be litigated during the academic year.
The Ninth Circuit Practicum requires students to enroll in both the Practicum and Seminar for the entire academic year. The Fall Seminar is limited to students who are accepted for enrollment in the Practicum for academic year 2026-27. Accepted students will enroll in the Advanced Practicum and Advanced Seminar in Spring 2027 at the appropriate time.
Attendance Requirement
Full attendance at each seminar session and full participation in the clinical portion is mandatory to receive credit for this course.
Please attend one of the two informational meetings about the Ninth Circuit Practicum. The first meeting will occur on Wednesday, April 1 at 6:00pm and the second Thursday, April 2 at 6:00pm. Please use the following Zoom link and meeting identification, 933 9782 7095.
If you cannot attend either meeting and want the link to the video recording, or if you have questions about the program, please email William Fernholz at wfernholz@law.berkeley.edu. Applications for the Ninth Circuit Practicum are due by 5:00pm on Monday, April 6th. Use this link to complete the application.
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Requirements Satisfaction:
When this Practicum and the Seminar are taken in the same semester, they are counted together as satisfying one of the following requirements:
This class may count for both requirements if and only if a student is electing Option 1 and the student's other Option 1 class being used to satisfy the J.D. writing requirement is not being counted towards any other requirement. Student Academic Advising and Support Services (SAASS) is available to answer questions. |
Exam Notes: (P) Final Paper
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Litigation and Procedure
This course is listed in the following sub-categories:
Practicums
Public Law and Policy
Social Justice and Public Interest
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Class materials may also be available on bCourses.berkeley.edu
Readers:
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Books:
Instructor has indicated that no books will be assigned.