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Torts Keyed to Dobbs
Solano v. Playgirl, Inc.
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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 January 1999 issue of Playgirl magazine featured a cover photograph of actor Jose Solano, best known for his role as Manny Gutierrez on the television show Baywatch from 1996 to 1999. Solano did not pose for or give an interview to Playgirl, nor did he consent to using his image, nor did he appear nude in the magazine. Solano was shown shirtless and wearing his red lifeguard trunks, and surrounding him on the front cover were suggestive, offensive headlines and phrases describing the contents of the magazine. This conveyed the message that Solano was not the wholesome person he claimed to be and indicated that we was washed up and had to sell himself naked to the magazine. Inside the magazine on page 21 was quarter-page head and shoulders photo of him fully clothed, accompanied by a profile on him. Significantly, Playgirl displays its magazines on newsstands packaged in plastic wrap so that ideally the cover cannot be seen unless a customer purchases it. He sued Playgirl for false light, alleging that it deliberately created the impression that he gave permission to Playgirl, making it appear that he was willing to degrade himself and endorse the magazine.
- 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.