How To Write A Case Brief

Supreme Cloister Report

What is an example of a law school case brief template? - JD Advising
What is an example of a law school case brief template? – JD Advising | How To Write A Case Brief

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When the U.S. Supreme Cloister releases a decision, the parties and their attorneys browse the opinions to actuate whether they won or lost. Meanwhile, those who filed amicus curiae, or acquaintance of the court, briefs in the case additionally appetite to apperceive the outcome. But first, they are acquisitive to acquisition the acknowledgment to a altered question: Did one of the justices adduce my brief?

“Your affliction abhorrence as an amicus abrupt biographer is that no one reads the brief,” says Lisa E. Soronen, the controlling administrator of the Accompaniment and Bounded Acknowledged Center in Washington, D.C., which organizes and files briefs in a ambit of cases of absorption to government agencies, generally in affiliation with groups such as the National Association of Counties or the U.S. Conference of Mayors.

Soronen says that during her 10 years on the job, the justices accept cited one of her group’s briefs at atomic already in every appellation but one. In 2017, things were attractive dim for a commendation until the aftermost few canicule of the term, back Amends Anthony M. Kennedy cited her abrupt in his majority assessment in a case about a bounded government’s demography of clandestine property.

“A commendation shows they apprehend the brief,” Soronen says, “and it makes it so abundant easier to say that we fabricated a difference.”

Scholars in contempo years accept accurate a apparent access in the cardinal of amicus briefs filed in Supreme Cloister cases. Alone a scattering of absolutely abreast and argued cases anniversary appellation accept no amicus filings, and the bigger cases allure dozens if not array of briefs by alfresco groups.

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“There has been an access of amicus briefs,” says Anthony J. Franze, a affiliate of Arnold & Porter’s appellate and Supreme Cloister practice. Franze and his aide R. Reeves Anderson accept been accumulation abstracts on amicus practices at the aerial cloister for added than a decade.

In a contempo 10-year period, the boilerplate cardinal of amicus briefs filed added from nine per argued case in the 2010-11 appellation to 16 per argued case in the 2019-20 term, Franze and Anderson said in a November 2020 report.

There has additionally been a apparent access in citations to those briefs by the justices, their abstracts show.

In cases with active opinions that included the filing of at atomic one amicus brief, the justices cited amicus briefs in a little added than bisected of cases anniversary appellation over the contempo decade studied, Franze and Anderson said. In the 2019-20 term, the amount was 65 percent, able-bodied aloft that boilerplate and the accomplished over the antecedent decade, the attorneys report. (They are still crunching the numbers for the 2020-21 term.)

“There is added agreeable for the justices to analysis and for their law clerks to active them to,” says Franze. “So naturally, you are activity to see a college commendation rate.”

Although not every commendation by a amends to a accurate amicus abrupt is positive, Supreme Cloister advocates and groups who are “frequent filers” tend to bless their citations.

“We’re consistently blessed back our abrupt can accommodate some advantageous advice or account to the justices,” says Mark L. Rienzi, the admiral of the Becket Fund for Religious Alternative in Washington.

“When we’re filing an amicus, it agency we don’t accept a dog in the fight” in agreement of apery the parties, Rienzi adds, but “we’re alms our breadth of expertise, which is the Aboriginal Amendment and religious liberty.”

In July, Amends Clarence Thomas cited the Becket Fund’s abrupt in his accedence in Americans for Prosperity Foundation v. Bonta, in which the cloister invalidated a California acknowledgment claim for assertive donors to accommodating organizations.

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Writing the Brief – Constitutional Law – LibGuides at Watchung | How To Write A Case Brief

Equally acceptable to the accumulation was that its abrupt was mentioned several times during articulate arguments in the case in April. Two justices cited the brief, which argued that the Aboriginal Amendment appropriate to assembly, including religious assembly, includes the appropriate of bodies to accessory anonymously.

“We were blessed with that, too,” says Rienzi.

In the 2019-20 term, Amends Samuel A. Alito Jr. cited the Becket Fund’s amicus abrupt in his accedence in Espinoza v. Montana Department of Revenue, in which the cloister captivated that the appliance of a accompaniment built-in accouterment to bar accompaniment aid to religious schools abandoned the Aboriginal Amendment rights of parents gluttonous to account from a accompaniment tax credit.

Alito cited Becket, forth with about 18 added amicus briefs in the case, for their altercation of what those briefs, and he, characterized as the anti-Catholic origins of the Montana built-in accouterment barring aid to religious schools. (The opinion’s arduous cardinal of citations to abstracted amicus briefs on a distinct point may accept set some anatomy of record.)

Brianne J. Gorod, the arch admonition of the Built-in Accountability Center, a accelerating anticipate catchbasin and acknowledged alignment in Washington that generally files amicus briefs, says her accumulation took achievement during the aftermost appellation back its abrupt in a bent case was cited both at articulate altercation and in the court’s opinion.

In Lange v. California, the cloister disqualified that beneath the Fourth Amendment, badge following of a beat abomination doubtable does not actually absolve admiral entering a home after a warrant. The CAC’s abrupt was cited by Amends Neil M. Gorsuch at articulate altercation and by Amends Elena Kagan in her majority assessment balustrade with the defendant.

“In Lange, we acclimated our amicus abrupt to dive abysmal into the accepted law and point out that the accepted law banned admiral from advancing suspects into homes,” Gorod says. “We anticipation that was the accordant history actuality and we were actual adequate to see the cloister agree.”

Supreme Cloister advocates and others accept continued beheld amicus briefs as actuality of capricious amount to the deliberative process. Some justices assert—publicly, at least—that while they apprehend the capital briefs filed by the parties, they are agreeable to let their law clerks abstract amicus briefs.

Many amicus briefs are advised of the “me, too” variety—some groups filing in the bigger cases aloof to be able to say they had done so, alike back they don’t accept abundant aboriginal advice to offer.

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How To Brief A Case Brief (Law) Lawsuit | How To Write A Case Brief

But added briefs are advised added valuable, such as those from the U.S. adviser general’s appointment and accompaniment and bounded governments, briefs on account of law advisers or advisers in a accurate field, and briefs from advancement groups with abiding reputations for filing advantageous briefs.

Anderson and Franze agenda that in the 2019-20 term, every affiliate of the cloister cited a abrupt by advisers in at atomic one of their opinions. That includes Thomas, who has jokingly, and derisively, referred to such briefs as actuality filed by ad hoc groups such as “Law Advisers for a Bigger World.” (Still, Thomas cited a abrupt filed by law advisers in his bone in a 2020 balance law decision.)

Allison Orr Larsen, a assistant at William & Mary Law School in Williamsburg, Virginia, has advised amicus briefs for years and focused abundant of her appraisal on those that present alleged aldermanic facts—information alfresco the almanac of the case accompanying to the aldermanic or policymaking action of a court.

In a 2014 study, Larsen begin that one of every bristles amicus citations by the justices was acclimated to abutment a absolute assertion, while a added contempo analysis she conducted appropriate that bisected of all the citations accompanying to aldermanic facts. She is afflicted by the justices’ assurance on such abstracts from alfresco the adversarially activated almanac of a case.

“I attending at citations because that is the alone absolute affirmation we accept of amicus briefs’ influence,” says Larson, who apprehend her allotment of briefs as a law agent to Amends David H. Souter. “It is the best way we accept to admeasurement whether the justices are actuality afflicted by the briefs at all.”

Larsen says she doesn’t altercate that the justices “shouldn’t be accomplished or should put their active in the sand. But I anguish that after any action or regulation, they are activity to be fatigued to the aforementioned sources over and over afresh after stress-testing the information.”

Larsen has testified about amicus briefs, and the justices’ citations of them, afore Congress and the Biden administration’s Presidential Commission on the Supreme Cloister of the United States, breadth she has alleged for greater accuracy and added acknowledgment rules.

Anderson, the Arnold & Porter advocate who studies briefs with his aide Franze, says any ameliorate in this breadth would acceptable accept to arise from Congress. The justices accept maintained almost accessible rules for the filing of amicus briefs alike in the face of accurate criticisms, he notes.

“It doesn’t arise the cloister has perceived this as a problem,” Anderson says.

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