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First Amendment Rights
The first phase requires you to review the constitutional law (Chapter 3) materials. You will also review Masterpiece Cakeshop, LTD. v. Colo. Civil Rights Comm’n, 138 S. Ct. 1719 (2018), Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993) and the First Amendment. Based on your knowledge of the materials as a whole, you must then compose a neutral memorandum (not to exceed 750 words) that outlines each legal issue presented by the Masterpiece case with a short explanation of the applicable legal rules or doctrine. The sources of law for this memorandum are the constitutional law (Chapter 3) materials as well as the materials linked above. You may not use any additional sources in preparation of your memorandum. Your perspective is not that of an advocate. Rather, your analysis is as objective as possible in identifying any and all potential issues that could arise in the case and opine as to the likelihood of success on each point.
You will complete this phase of the assignment individually. You will be graded on the clarity of your writing, spelling and grammar, document appearance and satisfaction of form requirements; articulation of all potential issues presented and the quality and depth of analysis.
This first phase memo is due Thursday, November 7th no later than 11p. You will prepare your memo using the postfunction and submit it as a Slack DM. We will discuss the issues raised in your memos during class on Monday, November 11th.
During the second phase you will prepare for a Q & A discussion of the issues presented by the Rob vs. Setonia case during class on Wednesday, November 13th. You will be assigned to a team that will advocate for one side or the other during the discussion. Questions include theories of liability, defenses and the standards established by the statutes and case law provided in the materials and any potential non-judicial, tenable solution that may mutually benefit the parties.
Questions to be discussed include, but are not limited to, the following:
- Who wins? Why?
- Is this a copyright or trademark claim?
- What are the factors to establish a prima facie case?
- What is the role of copyright and trademark infringement in this case?