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Constitutional Law Keyed to Cohen
Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
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- 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 Forum for Academic and Institutional Rights, Inc.(FAIR) (P) is an association of law schools in the U.S.which decided to bar access to their schools by military recruiters , in protest against the U.S. military’s policy of not allowing openly homosexual persons to enter military service. The Solomon Amendment, 10 U.S.C. 983, was enacted by Congress in response to this action. It provided for loss of federal funding to an entire educational institution if any part of the institution refused or failed to provide equal access to military recruiters, as to all other recruiters. FAIR filed against the Amendment on the grounds that it violated the rights of the law schools in regard to free speech and association. The decision was in favor of the government (D) but on appeal the ruling was reversed. The Supreme Court granted review.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.