THE CASE ANALYSIS ASSIGNMENT
Part I: Case List
AT&T Mobility, LLC v. Conception, 563 U.S. 321 (2011) [Preemption and the Federal Arbitration Act.]
Berman v. Parker, 348 U.S. 26 (1954) [Condemnation of private property for slum clearance]
Burwell v. Hobby Lobby, 573 U.S. ___ (2014). [Application of the Religious Freedom Restoration Act to private closely held corporations.]
Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980) [Standard for commercial free speech.]
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) [Corporate and union expenditures connected with elections and free speech.]
Dartmouth College v. Woodward, 17 U.S. 518 (1819) [Effect of incorporation on private rights]
Employment Division v. Smith, 494 U. S. 872 (1990) [Religious Freedom, Drug use and employment.]
Fullilove v. Klutznick, 448 U.S. 448 (1980) [Federal MBE set asides]
First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978) [Corporate free speech]
Gibbons v. Ogden, 22 U.S. 1 (1824) [1ST consideration of the Commerce Clause]
Griggs v. Duke Power Co., 401 U.S. 424 (1971) [Recognizing disparate impact discrimination in employment cases.]
Hammer v. Dagenhart, 247 U.S. 251 (1918) [Minimum wage unconstitutional; note the powerful dissent by Justice Holmes.]
Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964) [1964 Civil Rights Act & the Commerce Clause]
Kelo v. City of New London, 545 U.S.469 (2005) [Condemnation of property for private developer]
Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992) [Regulatory takings without compensation]
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) [Order of proof and burden of proof in Employment discrimination cases.)
Munn v. Illinois, 94 U.S. 113 (1877) [State police powers to regulate commerce]
National Labor Relations Board v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937) [Permitting regulation of activities which indirectly affect interstate commerce.]
Panama Refining Co. v Ryan, 293 U.S. 388 (1935) [Improper delegation and the NIRA unconstitutional.]
Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) [Internet Regulation]
Sherbert v. Verner, 374 U. S. 398 (1963)[Religious discrimination in employment and the strict scrutiny test.]
Swift & Co. v. United States, 196 U.S. 375 (1905) [Expanded interpretation of the Commerce Clause powers.]
United States v. Darby Lumber Co., 312 U.S. 100 (1941) [Overruling Dagenhart on the FLSA.]
Wickard v. Filburn, 317 U.S. 111 (1942) [Federal wheat quotas applicable to farmer growing wheat for own use not sale. Broad application of commerce clause.]
Yick Wo v. Hopkins, 118 U.S. 356 (1886) [Local Business Regulation & 14th amendment.]
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) [Presidential powers to seize steel mills.]
NOTE: The student may use another U.S. Supreme Court case of interest, with the instructor’s written advance approval. If you do not use a case from this list, or one with my written permission for a specific alternative, the assignment will be graded as 0.
You should pick a case early and begin by reading the opinion, or at least a synopsis. (Note some cases have lengthy opinions.) The proper format for the paper is provided and will also be presented in class. Papers should be at least 5 pages typed and double spaced, though 5-7 pages is preferred.
The next page lays out the format and notes required elements of the essay. Read carefully.
Part II: FORMAT for Assignment
Student Name:
Case name, citation & date of decision
Facts: Summarize the who, what, when, where, why, & how of the dispute. Who are the parties to the case? What is their argument about? Why does each side think it should win? How did the case get to the Supreme Court?
Issue(s): State the question or questions the court must answer to decide the case? (Usually a simple and direct one sentence question will suffice to identify an issue.) Some cases have only one central issue, others may have multiple issues. You need to identify them in this section.
Rules: What are the rules of law which will need interpretation to make a decision? Is there a constitutional provision, a statute or a regulation in question? If so what does it say? Are there are previous cases that have dealt with similar issues? Are those cases used as precedent or merely as guidance? What were those cases about and how does their decisions influence the current controversy.
Analysis: This should be the bulk of your paper. What was the reasoning of the court in reaching its decision? Another way to put it is that you need to explain how the court interpreted the applicable RULES, in relation to the FACTS to answer the question which is the ISSUE? Use your own words to explain the court’s decision. You may quote (briefly) from the opinion, but do not let quotations take over the paper.
Conclusion: This is the final result, sometimes called the holding. For example you might say: “[T]he court in Marbury v. Madison determined that the Judiciary Act was unconstitutional and therefore void, as a consequence of which Marbury could not seek a writ of Mandamus in the Supreme Court. The principle of judicial review of the constitutionality of an act of the legislature was established.
Your Opinion: After you have done the work to understand the case and the court’s reasons for its decision you should have some opinion about the case. Did you think the court was correct? Did you detect any flaws in the court’s approach to the case? How would you have decided the case had you been a judge?
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