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2024 Edwin R. Keedy Cup Winners

January 26, 2024

2024 Keedy Cup Competition at Penn Carey Law

Miles Gray L’24 and Ethan Swift L’24 captured this year’s Keedy Cup as well as Best Brief honors.

Ethan Swift L'24 and Miles Gray L'24 holding Keedy Cup Miles Gray L'24 and Ethan Swift L'24Miles Gray L’24 and Ethan Swift L’24 are this year’s Edwin R. Keedy Cup winners of the University of Pennsylvania Carey Law School’s annual internal moot court competition. Gray and Swift argued for the Respondents in the competition’s case, SEC v. Jarkesy and were awarded Best Brief.

Gray was also named Best Oralist.

James Callison L’24 and Justin DiCarlo L’24 argued for Petitioners.

“The Keedy Cup was an incredible opportunity,” said Gray. “Over several months, I learned to write a better brief, give a better argument, and—above all—work on a very fun team. I am very grateful to the judges, the moot court board, Professor Gowen, and everyone else at Penn who helped run the competition.”

Swift called the Keedy Cup “one of the highlights” of his time at Penn Carey Law, specifically praising the collegial, cooperative atmosphere of the Law School.

Justin Dicarlo L'24 and James Callison L'24 Justin DiCarlo L’24 and James Callison L’24“Briefing a legal issue and then defending that position before an auditorium of your professors and peers was a daunting task,” Swift said. “However, I feel incredibly fortunate that I was able to build on all I’ve learnt throughout law school—every cold call (successful or disastrous!) as well as the foundational lessons I picked up in Legal Practice Skills helped make me a better advocate. I’m also grateful to all the professors and members of the Moot Court board who took the time to help us prepare and refine our arguments. This Law School is a special place and the collective camaraderie I felt in that auditorium will remind me of that long after I graduate.”

Callison reflected on the entirety of the experience and expressed hope that this year’s competition inspires future Penn Carey Law students to participate.

“Preparation for the event and the night itself were a perfect mix of exciting, demanding, and fun,” said Callison. “I will remember the overwhelming sense of community support over the past few months. It is a process that required an incredible amount of comradery with a great teammate (a bond forged in fire) and encouragement from loved ones. I am grateful for the Law School community throughout this process—from the many friends who practiced with me to the professors who guided me. Rome was not built in a day, and it is wonderful to think of the competition as a sort of culmination of my experience in law school: from my first-year writing course, to my doctrinal classes, to my appellate advocacy seminar. I distinctly remember watching the Keedy Cup in my first year and being impressed with the command the finalists had of a complex issue. I hope the show we put on impacts the following years of students who seek out this great opportunity.”

Gayle Gowen L’98, Legal Practice Skills Senior Lecturer; Director, Moot Court and LLM Practice Skills, added, “Last night four of Penn Carey Law’s finest advocates argued the pending Supreme Court case of SEC v. Jarkesy before three federal appellate court judges and a standing room only audience. Congratulations to Miles Gray (best oralist), Ethan Swift, James Callison, and Justin Dicarlo on an outstanding performance.”

The Case: SEC v. Jarkesy

Congress has granted the Securities Exchange Commission (SEC), by statute, the authority to determine how it enforces securities laws: It can bring an action in an Article III federal court; or it can bring an administrative action before an Administrative Law Judge (ALJ) — without a jury.

Dean Sophia Lee awarding Keedy Cup to Ethan Swift L'24 and Miles Gray L'24 Dean Sophia Lee awarding Keedy Cup to Miles Gray L’24 and Ethan Swift L’24When the SEC sued George Jarkesy and his two hedge funds for securities fraud, it chose to bring an administrative action before an ALJ. The ALJ determined that Jarkesy had committed fraud, and Jarkesy challenged the constitutionality of the administrative enforcement action.

In this year’s Keedy Cup, the finalists argued two issues:

(1) Whether the SEC’s ALJ adjudications violate the Seventh Amendment right to a jury trial; and

(2) whether Congress’s grant of authority—allowing the SEC to choose how to enforce its actions—violates the nondelegation doctrine.

The Edwin R. Keedy Cup Competition

The Keedy Cup, which is named for Edwin R. Keedy, who served as Dean of the Law School during World War II, is Penn Carey Law’s intramural moot court competition.

The Edwin R. Keedy Cup - a silver trophy with handles on either side The Edwin R. Keedy CupThe competition begins in the spring, when all second-year students are invited to enter the Keedy Cup Preliminaries. The four students who receive the highest score in the Preliminaries, based on written briefs and three rounds of oral argument, move on to the Keedy Cup Finals.

In the Keedy Cup Finals, the four finalists brief and argue a pending Supreme Court case before a panel of sitting federal judges live in Fitts Auditorium.

All members of the Penn Carey Law community are invited to watch and cheer on the student oralists and then attend a celebratory reception in the Goat Lounge.

Learn more about advocacy competitions at Penn Carey Law.

 

Keedy Cup Competition Gallery