SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Mawshaw
Chamber of Commerce v. Reich
Citation:
74 F.3d 1322 (1996)Facts
On March 8, 1995, President Clinton issued Executive Order 12,954, which declared that federal agencies shall not contract with employers that permanently replace lawfully striking employees. The Order applied to all government contracts over $100,000. The President cited his authority under the Federal Property and Administrative Services Act (Procurement Act), claiming that the hiring of permanent replacements results in longer strikes, more contentious labor disputes, and the loss of skilled workers, thereby adversely affecting contractors’ ability to provide quality goods and services to the government. The Secretary of Labor was charged with implementing and enforcing the Order, with authority to terminate contracts and debar contractors who permanently replaced striking workers. The Chamber of Commerce and other business organizations filed suit challenging the Order, arguing that it violated the National Labor Relations Act, which has long been interpreted to permit employers to hire permanent replacements during economic strikes. The plaintiffs contended that the President was attempting to regulate labor relations in a manner that Congress had specifically intended to leave unregulated under the NLRA’s balanced scheme of labor-management relations.
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.