SmartBrief
Confirm favorite deletion?
Art Law Keyed to Gerstenblith, 4th Ed.
Phillips v. Pembroke Real Estate, Inc.
Citation:
819 N.E.2d 579 (2004)Facts
In 1999, Pembroke Real Estate commissioned David Phillips, a nationally recognized sculptor, to create artwork for Eastport Park, a public green space in South Boston’s waterfront section. Two contracts resulted: the Eastport Park Artwork Agreement and the Eastport Park Stonework Agreement. Under these agreements, Phillips created approximately twenty-seven sculptures including abstract bronze and granite works and realistic bronze sculptures of hermit crabs, shrimp, and frogs, as well as rough stone walls, split granite paving stones, and other landscape design elements. Most of Phillips’s sculptures and landscape elements were organized along a diagonal sight line passing through the park, unified by a theme of spiral and circular forms, with a large spherical sculpture entitled “Chords” at the center of the axis. After the park’s completion in spring 2000, Pembroke determined alterations were needed and prepared a redesign scheme calling for removal and relocation of Phillips’s sculptures, to which Phillips objected and subsequently filed suit.
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.