SmartBrief
Confirm favorite deletion?
Statutes and the Creation of Public Policy Keyed to Eskridge, 7th Ed.
Morton v. Mancari
Citation:
417 U.S. 535 (1974)Facts
The Indian Reorganization Act of 1934 established an employment preference for qualified Indians in the Bureau of Indian Affairs to promote Indian self-government and make the Bureau more responsive to tribal needs. In June 1972, the BIA Commissioner extended this preference to promotions within the Bureau, not just initial hiring. Non-Indian BIA employees at Albuquerque, including teachers and computer workers, filed a class action challenging this policy as racially discriminatory and claiming it was repealed by the Equal Employment Opportunity Act of 1972, which extended Title VII’s anti-discrimination provisions to federal employment. The three-judge district court agreed, finding implied repeal and permanently enjoining the preference policy. The percentage of Indians employed in the BIA had risen from thirty-four percent in 1934 to fifty-seven percent in 1972 due to the preference.
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.