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2009 Paul A. McLennon, Sr. Honors Moot Court Competition
Tournament Coordinators: Lauren Cooper & Nicole Cusack
2009 Tournament Results(Out of 86 Competitors) OVERALL 1st Place: Lindsay Parker BEST ORALIST AWARDS 1st Place: Seth McCutcheon BEST BRIEF - PETITIONER 1st Place: Chris Rhoads BEST BRIEF - RESPONDENT 1st Place: Laura Vogltanz QUARTERFINALISTS: Christin Lawler ROUND OF 16: Christin Lawler ROUND OF 32: Geoff Rill
Problem Summary:This year's McLennon problem involves the highly controversial Religious Land Use and Institutionalized Persons Act ("RLUIPA"). RLUIPA requires application of strict scrutiny to local zoning decisions that substantially burden religious exercise. Congress unanimously enacted the statute after the Supreme Court struck down its predecessor, the Religious Freedom Restoration Act, as unconstitutional. In our case, a Church, already unpopular in its wealthy suburban community for its controversial animal sacrifice practices, seeks to tear down its existing structure and build a state of the art center for the homeless. The project requires a zoning permit. Residents attending the Zoning Board hearing complained that the project would draw the homeless to the community, where it is largely believed that a homeless man recently murdered a wealthy heiress in her home. The Zoning Board denied the permit application, designating the building a historic landmark. The Church filed an RLUIPA lawsuit, arguing that the permit denial was arbitrary and an example of pretextual discrimination.
For tournament purposes, our "Supreme Court" will be reviewing both the issue of
whether RLUIPA is constitutional under Congress's Fourteenth Amendment remedial
power to enact prophylactic legislation to deter constitutional violations, and
whether the statute impermissibly advances religion under the Establishment
Clause by providing it with a remedy unavailable to secular groups. For results from the 2008 McLennon Tournament, please click here. For results from the 2007 McLennon Tournament, please click here. For results from the 2006 McLennon Tournament, please click here. About McLennonThe McLennon Competition, endowed through the generosity of USD law professor Michael Devitt and his family to honor longtime family friend, attorney and naval officer, Paul A. McLennon, Sr., provides an opportunity for students to develop their brief writing and advocacy skills and to test these skills in an open, rigorous competition. Organized by the Appellate Moot Court Board, the competition consists of several preliminary rounds, culminating in the Final Round argued before a distinguished panel of judges.
![]() Justice Antonin Scalia presides over the 2004 McLennon Final Round
"I had the pleasure of participating as a judge this past Monday and
Tuesday. It was a delightful experience. You folks are running a fine
program. Thanks for the chance to come and play." McLennon Volunteer
Judge, 2/28/07
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of San Diego School of Law Appellate Moot Court Board.
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