The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
ACB on RAP
Doug Kmiec writes that his former student, Amy Coney, "deftly answered" questions about the Rule Against Perpetuities.
The Rule of Perpetuities is the bane of all property students. I teach it, but do not test it. But, it seems that at least one law student excelled with RAP, as it is known.
Professor Doug Kmiec taught Amy Coney property as a 1L at Notre Dame. He recalls her excellent class performance:
I was privileged to teach Amy Coney Barrett in her first year of law school at Notre Dame. Then, as now, she displayed determination and intellectual preparation over many areas of law. I recall during one discussion about the rule against perpetuities in a property law class, when many students wanted to avoid participation, her hand popped up and she deftly answered a battery of textbook applications before suggesting, respectfully, how the casebook author missed an aspect of the problem. Students everywhere delight in besting the teacher, but her discernment was so unpretentious, persuasive and clear that it drew admiration from the entire class.
Judge Barrett's demeanor during law school reflects her demeanor during the hearing: "[Nominees] everywhere delight in besting the [Senators], but her discernment was so unpretentious, persuasive and clear that it drew admiration from the entire [Congress]."
Brava! Every now and then a student finds an error in my textbook. I always celebrate the occasion, and praise the student.
