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Constitutional Law Keyed to Varat
Gade v. National Solid Wastes Management Association
Citation:505 U.S. 88, 112 S.Ct. 2374, 120 L.Ed.2d 73 (1992).
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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.
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- 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:
In 1970, Congress enacted the Occupational Safety and Health Act (OSH) and established the Occupational Safety and Health Administration (OSHA). OSHA mandated certain worker’s safety training. Section 18(b) of OSH gave States the option to preempt the federal regulations. To do so, a State would have to submit its own plan for occupational safety to the Secretary of Labor. About half the States submitted plans to the Secretary and received approval for them. Illinois, however, did not submit a plan. Instead, the Illinois legislature enacted two worker’s safety statutes which also required mandatory safety training. The National Solid Wastes Management Association alleged that the Illinois regulations were preempted by the federal scheme.
- 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.