The First Assignments!

[joshdelight]

I thought it was about time to branch out from the initial topic.

I just briefed Brown v. Board of Education No.1 according to the guidelines that accompanied the assignment.  I had not been aware that briefs should contain the procedural history of a case!  I wrote my brief under the assumption that as Brown v Board is a consolidated decision of four separate cases, I had to summarize the procedural history of those four cases as well.  Doing this according to Duquesne's guidelines took up the better part of a page, and I was... brief.

Any thoughts? Did anyone do it differently?

[enjoydavid]

Im not seeing a concurring or dissenting opinion either...

[joshdelight]

"A number of reports indicate that the justices, while agreed that segregation was wrong, were divided over whether the Court had the power to overrule Plessy. They therefore set the cases down for reargument in 1953, specifically asking both sides to address particular issues. Then Chief Justice Vinson, who reportedly opposed reversing Plessy, unexpectedly died a few weeks before the reargument, and the new chief justice, Earl Warren, skillfully steered the Court to its unanimous and historic ruling on May 17, 1954." (http://usinfo.state.gov/usa/infousa/facts/democrac/36.htm)

As it was a unanimous ruling, there aren't any dissenting opinions to discuss.  My educated guess is that a unanimous ruling precludes the possibility that there are concurring opinions.

For the sake of the assignment, however, we're only to use what Duq provided.

What I would REALLY like to know is the proper format for the memorandum that we're to have mailed by the end of the month.  I have my answer, but I need to fit it into a memo format that is appropriate for a law clerk to send to a justice.

[Guest]

Hello,
     As an upperclassman at Duquesne Law, I would reccomend that you not stress out too much about the advanced legal writing assignment.  From my experience, the assignment is used to get students thinking about legal writing and reasoning.

[joshdelight]

Thanks for the info... although it's not stress so much as curiousity!  This first little memo is fun.  Fortunately I received the required book in the mail today, and it answers my formatting question.

[lawboy]

I've got a quick crim pro question. We are currently studying fourth amendment rights

our prof gave us this hypo:

Neighbor see suspicious activity next door. Owner next door doesn't appear to live there, he just stops by on occasion at odd hours.The neighbor, suspecting foul play next door, breaks in and finds guns and weapons stockpiled and stored in crates. The neighbor takes a few guns and grenades and gives them to the cops. Cops arrest the neighbor and charge him with illegal possession of weapons.

def (neighbor) moves to have the weapons supressed.


is this legit?  I know it's not, but i don't know enough law to explain why.  I know it is not a fourth amendment violation since the neighbor is in no way affiliated with the govt. 

Can anyone help?

thanks