Briefing assignment
You will be responsible for writing briefs foreachcaselisted on the syllabus for a given week. Briefs should be 1-1.5 pages (generally~400-500 words, though length will depend on the complexity of the case), andshould demonstrate your understanding of both the specific details of the case as well as the larger constitutional issues at stake. A good brief is an excellent study tool. It forces you to summarize and analyze a complicated case, to isolate the key features, and then to express them in your own words.
This assignment may be doneindividuallyor ingroups of up to five people. The choice is yours.
Each individual or group should turn in the briefs for the associated weekbeforeclass on the assigned day. This may be done via email (preferred) or by bringing a paper copy to class.
CASE FOR ASSIGNMENT : US V. MORRISON
1. Issue(s)
What is the centrallegalquestion addressed in this case? That is: what constitutional provision is at stake.
2. Facts of the case
A brief summary of the facts that brought the parties to court. This section can be quite brief. Do not spend more than 3-4 sentences here)
3. Holding
What was the decision of the court?
4. Reasoning
What was the basis for the decision?Howdid the court answer the key question, and what issues were they required to resolve in order to reach their conclusion? How did this decision fit into the existing caselaw (if any) on the subject (i.e. – what precedent did they engage)?
Generallythis section should focus on themajority opinion, but if there are important concurring or dissenting opinions, you should cover those as well.
5. Discussion
What are the larger implications of this decision? What political, social, or economic factors may have contributed to the Court’s approach? Is this decision still regarded as good precedent?