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Family Law Keyed to Weisberg
Dike v. School Board
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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:
Janice Dike was employed by the school board as a kindergarten teacher. Dike gave birth to a child and opted to breastfeed at all feedings. This required her to feed once during the school day. She attempted to do so in the least disruptive way by having someone bring her child to school during her lunch hour at which point she would nurse the child in the privacy of a locked room. If the school asked her to perform duties during her lunch period she wound hand the child to her husband or babysitter. After three months the school board directed Duke to stop nursing at school, citing a rule prohibiting teachers from bringing their children to work. The rationale for the rule was to avoid possible disruptions and to avoid the possibility of having the child having an accident and subjecting the school board to litigation. Dike stopped nursing at school, and the child developed an allergic reaction to formula milk. Duke had to leave milk extracted through a breast pump fo r the child’s day feeding. Dike asserts that this routine caused observable psychological changes in her child and affected her emotional well being. She requested permission to resume her earlier procedure or to nurse the child off campus in the parking lot. The school board denied this request based on a policy prohibiting teachers from leaving the premises during the day. The infant then began to refuse to nurse from a bottle, and Dike was compelled to take an unpaid leave of absence. She sued the board, alleging that it unduly interfered with a constitutionally protected right to nurture her child by breastfeeding. The district court dismissed the action, determining it was frivolous.
- 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.