Your assignment is to read/skim the briefs of the Parties. to listen to the Oral Argument of the case, and to write an Opinion on the case – as if you were sitting on the United States Supreme Court and are a Justice on that Court.
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The following is an outline on how to do that.
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First, I would like you to read/skim the Petition for Writ of Certiorari of the Petitioner, National Collegiate Athletic Association., filed on February 1, 2021.
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Next, read/skim the Brief for the Respondent, Alston, filed on March 3, 2021.
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Next, read/skim the Reply of the Petitioner, National Collegiate Athletic Association., filed on March 19, 2021.
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I found these three filings on the https://www.supremecourt.gov website.You might find them on other websites.(There are many other filings in the court docket – you do not need to read them.)
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The Briefs will seem long; however, look at the Table of Contents on each.You will see that you can skip to the Introduction and Summary of the Argument sections and read those to get a good grasp of the positions of the Parties.I don’t expect you to have a “law school level” of understanding the briefs – just a basic understanding and a recognition of the case law depended upon by each side to promote their contentions.
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You should also listen to the Oral Argument conducted on this case on March 31, 2021.I found it on https://www.oyez.org/cases/2020/20-512. It is about 90 minutes long. It might be the easiest way to understand the positions of the parties.
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After you have read and listened to the above, and any other information you wish to find online, please write your own “Supreme Court Opinion” deciding the following question:
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Does the National Collegiate Athletic Association (NCAA)’s prohibition on compensation for college athletes violate federal antitrust law?
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(This is the one and only issue (question) in the case.)
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Please follow the guidelines listed below in writing your Opinion:
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- You are a Justice on the United States Supreme Court Bench today.Write your Opinion in a memo form or in the form of an actual Supreme Court decision if want to look that up.
- Your Opinion should have the following parts.Please separate your Opinion with headings for these parts:
- Your Opinion should be 3 to 4 pages, double-spaced.Download your paper to D2L before midnight on April 28, 2021.
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- A Brief Statement of the Facts.
- A Brief Statement of what the Lower Courts Decided.
- The Question/Issue to be Decided – (it is listed above – just copy and paste).
- My Decision on the Question – (include the legal reasoning for your decision.Please give at least two prior court decisions to support your decision.This section should be at least two or three good paragraphs long)
- End with whether the Ninth Circuit Court of Appeals decision should be “Affirmed” or “Reversed.”
- Add an Honor Code Pledge that this is your work only.
- Sign your name as Justice (insert your name here)
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