Substantive Law Study Support

Assignments and Projects

Using the format found in previous chapters, write a case brief for Brown v. Board of Education, 347 U.S. 483 (1954).

Judicial History: The district court ruled in favor of the defendant, citing precedent set in Plessy v. Ferguson. The case is a consolidation of five cases heard on appeal to the Supreme Court.

Facts: This case was brought by parents on behalf of their black children seeking admission to public schools that required segregation based on race. The plaintiffs alleged that segregation within public schools was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment..
Issue: Is the segregation of children in public schools based on race constitutional?

Holding: No, the segregation of children based on race into “separate but equal” public schools is a violation of the Equal Protection Clause of the Fourteenth Amendment and is, therefore, unconstitutional.

Rationale: The Court ruled that the segregation of public school children solely on the basis of race would deny black children the equal protection of laws guaranteed by the Fourteenth Amendment, even with all physical facilities being equal. Public school education is a right that must be made available to all children on equal terms; separating black children from others due to race would generate a feeling of inferiority in status and would create a stigma within the community.

1. Identify organizations in your state that protect individuals from discrimination. What types of discrimination are prohibited?
Student answers will vary, but possible answers may include local employment commissions, human rights organizations, and other similar organizations that promote equality. Types of discrimination that are prohibited should include discrimination based on race, age, gender, sexual orientation, disability, national origin, and religion, among others.

2. Locate a print or online article dealing with the violation of civil rights.

Summarize the article.

Student responses will vary.

3. Locate a copy of the oral arguments in United States v. Morrison in either written or oral form. Read or listen to the argument. Summarize the petitioner’s argument.
Student answers will vary, but key points of the petitioner’s argument include:

- The Violence Against Women Act was enacted as a civil rights remedy to “remove one of the most persistent barriers to women’s full equality and free participation in the economy discriminatory gender based violence.”
- A bipartisan Congress concluded that gender-based violence substantially affects the national economy (deters women’s travel interstate, restricts choice of jobs and ability to perform those jobs, reduces national productivity, and increases medical and other costs).
- Crimes of violence motivated by gender have a substantial adverse effect on interstate commerce.

Putting It Into Practice

1. Read the Petition for Writ of Habeas Corpus found in Appendix E. Write a memorandum summarizing the basis for the defendant’s request.

Student answers will vary, but the student’s memorandums should note that the basis for the defendant’s request is they are being unlawfully detained by the United States government in Guantanamo Bay. The defendants assert they are not properly subject to any detention ordered by former President George W. Bush.
The petitioners assert they have also been unable to protect or vindicate their rights under domestic or international law, and they claim relief under the Fifth and Fourteenth Amendments Due Process Clauses, and International Law. The petitioners also claim relief under the War Powers Clause and that President Bush had exceeded his constitutional authority.

2. Assume that you work for a law firm that has been contacted by Janet Smith who believes she was fired from her job because of her age. You were asked to prepare a draft of a complaint. Locate a copy of a form or sample complaint that you can use as a basis for drafting your complaint.

Student responses will vary, but should include elements resembling the sample complaint below:

COMPLAINT

Plaintiff Janet Smith, by counsel, brings this action to obtain redress for the deprivation of her federally protected rights as hereafter alleged.

JURISDICTION

1. This Court has subject matter jurisdiction pursuant to xx U.S.C, because the case arises under the Constitution and laws of the United States and, in particular, the due process and equal protection provisions of the United States Constitution, including the rights protected in the Fifth and Fourteenth Amendments thereof

2. Venue is appropriate in this judicial district under xx U.S.C. _xxxx, because Defendants reside here, and a substantial part of the events giving rise to this Complaint occurred here.

THE PARTIES

Plaintiff Janet Smith (hereafter "Smith") is a citizen of the State of XXXX. Defendant XYZ Corporation is headquartered in the State of XXXX. FACTS
1. Fact 1

2. Fact 2 (etc.)

COUNT I

Deprivation of Constitutional Rights and Privileges. Plaintiff is entitled to the equal protection of the laws under the Fourteenth Amendment of the United

States Constitution and due process of law under the Fifth and Fourteenth Amendments of the United States Constitution.
Defendant XYZ Corporation discriminated against Plaintiff because of her age by unlawful termination, and thereafter, and this deprived Jones of her right to equal protection of the law.

RELIEF REQUESTED

WHEREFORE, Plaintiff requests the following relief:

a. Count I, judgment against Defendant XYZ Corporation for compensatory damages of $XX,000.00; the costs of her suit and attorneys fees; nominal damages; and such other and further relief as the Court may deem proper. JURY TRIAL DEMANDED
Plaintiff demands a trial by jury on each of the counts. Respectfully Submitted,
JANET SMITH By Her Counsel

VERIFICATION

I hereby certify under penalty of perjury that I am the Plaintiff in the above-captioned case; that I have read the foregoing Complaint; and, that the facts related therein are true and correct to the best
of my knowledge, information, and belief. Paula Corbin Jones