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Constitutional Law Keyed to Cohen
New York v. United States
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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 was enacted to create disposal sites for low level radioactive waste. The Act held each state responsible for designating areas for disposal of waste generated within the state or joining the federal government’s plan for disposing of waste. The Act also allowed the states to enter into compacts that would limit usage of the designated waste disposal sites to waste generated with the state. There are no penalties imposed against nonparticipating states. However, nonparticipating states could not benefit from the financial incentives allowed under the Act, were charged higher surcharges and were required to take title of waste not disposed of within its boarders or be subject to damages. The Petitioner did not participate in the waste disposal plan offered by the federal government and sought to declare the plan violative of the Tenth Amendment. The case was dismissed by the District Court and affirmed by the Court of Appeals. The Petitioner now appeals.
- 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.
- Court Direction: Shares where the Court went from here for this case.