SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Maggs
Janus v. American Federation of State, County, and Municipal Employees
Citation:
138 S.Ct. 2438 (2018)Facts
Under Illinois law, public employees are forced to subsidize a union, even if they choose not to join and strongly object to the positions the union takes in collective bargaining and related activities. Here, the nonmembers were told that they had to pay for lobbying, social and recreational activities, advertising, membership meeting and conventions and litigation as well as other, unspecified services that may ultimately inure to the benefit of the members of the local bargaining unit. Petitioner Mark Janus is employed by the Illinois Department of Healthcare and Family Services as a child support specialist. Janus refused to join the Union because he opposes many of the public policy positions that its advocates. Under his unit’s collective-bargaining agreement, he was required to pay an agency fee of $44.58 per month.
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.
Topic Resources
Topic Outline
First AmendmentTopic Refresher Course
Introduction to Freedom SpeechTopic Charts & Notes
First Amendment Chart