SmartBrief
0
Confirm favorite deletion?
Administrative Law Keyed to Breyer
Board of Regents of State Colleges v. Roth
Citation:
408 U.S. 564 (1972)Facts
In 1968, David Roth was hired as an assistant professor of political science at Wisconsin State University-Oshkosh for a fixed one-year term. Under Wisconsin law, state university teachers could only acquire tenure after four years of continuous employment. Before the end of his contract, Roth was informed that he would not be rehired for the next academic year, but university officials provided no reason for this decision and offered no opportunity for him to challenge it. University rules explicitly stated that no reason for non-retention needed to be given and no review or appeal was provided in such cases. Roth subsequently filed a federal lawsuit alleging that the decision violated his Fourteenth Amendment rights in two ways: first, that the true reason for non-renewal was to punish him for statements critical of the university administration (a First Amendment claim), and second, that the failure to provide reasons and a hearing violated his right to procedural due process.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.