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Administrative Law Keyed to Lawson
United States Telecom Association v. FCC
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Act defines “call identifying information” as “dialing or signaling information that identifies the origin, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier.” The Act did not alter the existing legal framework for obtaining a wiretap or pen register authorization, as it was intended to “preserve the status quo.” The Justice Department and FBI petitioned the Commission to modify its J-Standard, arguing it did not include all of the CALEA’s required assistance capabilities, and provided an FBI “punch list” of nine additional surveillance capabilities it wanted added. After notice and comment, the Commission added four to the J-Standard, and two in part. Petitioners claimed that the definition of “call identification information” under the Act was limited to telephone numbers, and that there was no statutory basis for location information to have been included in the J-Standard or for the Commissioner to have mandated the punch list capabilities.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
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