MSU Law wins Best Brief at 2024 Gender and Sexuality Moot Court

Michigan State University College of Law students Tessa Phillips (’25) and Emma Haiser (’25) won the “Best Brief” award and made it to the quarter-final round in the 2024 Gender and Sexuality Moot Court Competition (GSMCC).

The third annual competition was hosted by MSU Law and featured 32 two-member teams from 20 law schools across the country. It was held online on March 23-23.

More than 40 MSU Law students participated in all aspects of the competition – from advocating and writing briefs to serving as bailiffs and coordinating the volunteer judges.
In addition to Phillips and Haiser, other students included: Patricia De La Hoya-Velez (’25), Stephanie Diamond (’25), and alternate Kennedy Clothier (’25). Professor Nancy Costello serves as the coach for the competition teams.

The GSMCC Student Leadership team comprised Katie Kennedy (’25), Joshua Cambri (’25), Nick Butkevich (’25), Jessica Boeve (’26), and Kennedy Clothier (’26).

Kennedy completed a directed study with Program Director Heather Johnson to research and write the competition problem and bench brief.

“Katie presented an incredible and unique writing sample,” Johnson said. “She will leave law school having done extensive research on a cutting-edge legal issue, writing an appellate judicial opinion and dissent to create a rich fact pattern that helped shape this educational experience for her peers. That’s an amazing feat.

“And Josh Cambri helped organize all the Zoom courtrooms to ensure the judges and bailiffs were in the right place. He recruited and trained the students to act as bailiffs.”

Another point of pride for the law school is the fact that nearly 85%percent of the volunteer judges are affiliated with MSU Law – either as alumni or professors, said Johnson.

This year’s competition case focused on how the binary definition of sex can be problematic when adjudicating Title VII claims, including claims that involve multiple genders and sexualities.

Advocates argued two issues:

• An employment discrimination claim asking whether conduct that offends multiple sexes and genders can serve as a basis for a hostile work environment under Title VII of the Civil Rights Act of 1964

• The standard of review given the expanding definition of discrimination “because of sex” to establish sufficient evidence of a hostile work environment

This problem included legal questions for LGBTQ+, heterosexual, and nonbinary individuals.

MSU Law and the Williams Institute at UCLA are the only academic institutions to offer concentrated areas of study and to host national competitions on legal topics included in the study of gender and sexuality. This year Nick Butkevich (’24) and Noah Martin (’25) represented MSU Law at the competition at UCLA in March. The team was coached by Professor Johnson.

“Our MSU Law competitors and volunteers should be proud of their work in increasing their written and oral advocacy skills and for representing MSU Law so well,” said Johnson. “Their commitment to this area of the law is important.”

The State Bar of Michigan LGBTQ+ Law Section sponsored the Best Brief and Best Oralist Awards this year.

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