SmartBrief
0
Confirm favorite deletion?
Legislative Process Keyed to Bressman, 4th Ed.
Morrison v. Olson
Citation:
487 U.S. 654, 108 S. Ct. 2597, 101 L. Ed. 2D 569 (1988)Facts
In 1982, the House of Representatives investigated the EPA’s enforcement of the “Superfund Law.” When the EPA Administrator withheld certain documents under executive privilege, the House voted to hold her in contempt. The following year, the House Judiciary Committee investigated the Justice Department’s role in this dispute and concluded that Theodore Olson, then Assistant Attorney General for the Office of Legal Counsel, may have given false testimony to Congress. The Committee requested that the Attorney General seek appointment of an independent counsel to investigate Olson. Under the Ethics in Government Act, the Attorney General conducted a preliminary investigation and applied to a Special Division of the D.C. Circuit Court of Appeals for appointment of an independent counsel. The Special Division appointed Alexia Morrison, who issued subpoenas to Olson and others. Olson challenged the constitutionality of the independent counsel provisions, arguing they violated the Appointments Clause and separation of powers principles.
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.