2013 FAQs

1. You can bind the copies in any manner including staples.

2. There is a typo on page 26 of the Fact Pattern. The Court listed is the “U.S. District Court for the Eastern District of Wagner.” It should read “The Thirteenth Circuit Court of Appeals.” Page 26 is the beginning of the decision from the Thirteenth Court of Appeals. The corrected version of the Fact Pattern has been added to the Wagner website.

3. We want to reiterate that the deadline for the submission of the brief is February 15, 2013 at 11:59p.m Eastern Standard Time (EST). The deadline will not be pushed back any further. Our Association will accept any shipping company’s computer-printed marking showing the date and time of mailing as a valid timestamp. This includes a receipt of payment from the shipping company attached to the brief or a shipping label printed by the shipping company attached to the shipping envelope.

4. With regard to questions concerning Procedural Posture/Standard of Review – the Petitioners are seeking a review from the Supreme Court on the merits.

5. With regard to adding another member to your team – all that is required for your school to add another member to your team is for someone to notify us by email. However, be advised that Rule I(2)(a) states: “All team members must participate in writing the team’s brief.” Therefore, any team member added must also assist in completing the brief.

6. You can put your school’s name and address on the envelope.

7. You can use cases in the brief and the oral arguments decided at any time. There is no cut off date for either.

8. Please cite the record according to Rule 24.1(g) of the Supreme Court Rules: “Record 12.”

9. Each team must submit four (4) hardbound copies.

10. Each team is only required to provide a signed Proof of Service and Certification with their hard copies. You do not need to include it with the emailed PDF.

11. Please use the attached Proof of Service when submitting the four (4) hardbound copies.

12. The deadline for rule interpretations has been extended. All requests for rule interpretation will be accepted until February 2, 2013.

13. The deadline for substantive questions has also been extended. Any substantive questions submitted on or before February 2, 2013, will be answered.

14. The fact that the claim never went to the NLRB is not an issue. This is stated in footnote 1 on page 2 of the fact pattern: “For the purposes of this action, in light of the larger FLSA claim at issue, and on a non-precedential basis, the Employer and the United States District Court for the Eastern District of Wagner have agreed that the District Court has jurisdiction over the NLRA action, notwithstanding the fact that it did not begin with an unfair labor practice charge at the National Labor Relations Board (“NLRB”).

15. In response to the DC Circuit’s decision last week, NLRB Chairman Mark Gaston Pearce issued the following statement on January 25, 2013: “The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been raised in more than a dozen cases pending in other courts of appeals. In the meantime, the Board has important work to do. The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.” Therefore, the court’s decision does not affect our case.

16. Any sections not explicitly listed in rule II(5)(g) are considered substantive portions of the brief which will be counted toward your page limit.

17. All of the sections listed in Rule 24 of the US Supreme Court Rules must be included in your brief, unless otherwise stated in the Wagner Competition Rules. This means that you are not required to include a formal statement of jurisdiction or standard of review section.

18. Please refer to Rule II(5)(g) for the page limit. As stated: “The substantive portion of the brief must not exceed thirty pages, excluding the cover page, table of contents, table of authorities, statement of the case, and appendices. Any partially filled page will be counted as a full page.” Therefore, ALL sections except the “cover page, table of contents, table of authorities, statement of the case, and appendices” will be counted toward your page limit.

19. The correct date of the District Court opinion should be 2012. Therefore, the District Court opinion should be cited as: 101 F. Supp. 3d 1 (E.D. Wgr. 2012).

20. The first sentence of the first full paragraph on p. 4 should be corrected to state: “Before the Company began operations in the State of Wagner in 1993, the State was plagued with pollution due to the lack of proper waste management practices.”

21. The first sentence in the Conclusion on p. 39 should be corrected to state: “Accordingly, and for the reasons set forth above, this Court concludes that the Employer’s SMP was lawful under Section 7 and 8(a)(1) and (3).”
If you have already submitted your brief, we will accept any updated version until the deadline of Friday, February 15, 2013, at 11:59 p.m.