Keefe Case research and Shepardizing exercise In the recent court case of Keefe V. Adams. 840 F>…
Keefe Case research and Shepardizing exercise
In the recent court case of Keefe V. Adams. 840 F> 3d 523, 2016 U.S. App. Lexis 19304 (2016). the court rejected a nursing student’s contention that a college student could not be punished for off-campus speech unless it was speech that was unprotected by the First Amendment, the lower courts decision was upheld on appeal and the supreme court denied cert. The assignment in LP5 Seminar will introduce you to researching legal court decisions using electronic legal research. search engines briefing a legal court case using IRAC (Issue, Rule, Application and Conclusion). Shepardizing court cases and comparing and contrasting legal arguments, allowing you to make a well-reasoned prediction of the out come of future court cases on this topic.
1. (a) and (b)
(A) Access the NAU’s library web page and review the instructions for researching law using Nexis Uni (formerly Lexis Advance and Lexis Academic) The webinar can be found on the NAU library training webinar web page find the research instructions for using Nexis Uni Review the instructions for using the Shepardizing option for court case.
Shepardizing make sure you Cite Good Law. How to use Shepard’ Citators: Shepardizing using Nexis Uni ( formerly known as Lexis Nexis Academic. all resources for understanding how to brief cases is also available on the internet.
1. view the video introduction to IRAC hosted by Eugene Kim, to learn how to brief the case you will be reading.
2. View the video case Brief instruction hosted by Amy P., to learn how to brief the cases you will be reading.
3. Read how to brief a case using the IRAC method (Kevin Zucker, California State University Northridge.
B. Using Nexis locate the case decision using the Citation and brief the following recent court case, which dismissed the plaintiff’s free speech case against a Minnesota University. The plaintiff in this appealed to the Eighth Circuit Court, Which upheld the University’s decision to expel Keefe. Keefe V. Adams, 840 F. 3d 523, 2016 U.S. App. Lexis 19304 (2016)
2. Next, Shepardize the same case the link will look like this: Shepardized (r) this document ; And results will look like
A. No negative subsequent appellate history
B. citing decisions
C. Positive
D. Neutral
E. cited by
F. Other citing sources (5) (Note these are legal articles not court cases.
3. Next, read the citing decisions (subsequent decisions and describe how these decisions, compare to the outcome in the Keefe case.
4. Read the attached brief of Cato institute, Electronic, Frontier Foundation, National Coalition Against censorship and student press law center as Amici Curiae in support of petitioner.
A. Compare the arguments of the parties from the court cases that you have already discussed above to the arguments proposed in the case brief.
B. Identify the argument you believe will be the winning argument future cases, if the supreme court accepts a case for certiorari review and why.
the briefs can be found on the court’s website and on the internet,