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Constitutional Law Keyed to Barnett
Fisher v. University of Texas at Austin (Fisher II)
Citation:136 S. Ct. 2198 (2016)
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- 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 University of Texas at Austin had an admissions policy of admitting all high school seniors ranked in the top ten percent of their high school graduating classes, and for the remainder of applicants, considering race of the student as non-determinative factor in admissions. Petitioner Abigail Fisher, a white applicant, applied to the school but was rejected. She argued that the undergraduate admissions process violated the Equal Protection Clause of the Fourteenth Amendment. In the case Fisher v. University of Texas at Austin (2013), the Supreme Court concluded that the Fifth Circuit Court of Appeals had not properly applied strict scrutiny review (to determine whether the admissions policy was narrowly tailored to achieving the compelling government interest of diversity in education) and remanded the case to the Court of 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.