Brief Assignment and Nexis Uni Guide

Accessing Brief Handouts and Nexis Uni

  • This recording explains how to access handouts for the brief assignment and how to use Nexis Uni to find relevant information.

Accessing Handouts in Canvas

  • Go to the modules section in Canvas.
  • Module two contains the necessary handouts for the brief assignment.
  • The handouts include:
    • The brief assignment itself, which includes the due date (note that the due date varies based on the semester and year).
    • Information on how to brief the case and the rationale behind it.
    • A one-page document showing the desired format for the brief.
    • Examples of properly briefed cases (also found in the course syllabus).
    • Specific guidelines and due dates.

Case Selection

  • Select a chapter or topic of interest in your textbook (e.g., creative advertising, copyright).
  • Choose a case that has not been covered in previous lectures, for example Schenk vs Abrams.
  • The chosen case must be media-specific.
  • Acceptable media examples:
    • Newspapers
    • Television stations
    • Cable
    • Web pages (including social media)
    • Billboards
    • Magazines
  • Unacceptable cases: Tinker v Des Moines (black armbands) and Black v Virginia (cross burning). Those cases aren't related to media.

Research Guide and Nexis Uni

  • In Canvas, click on the research guide to access important resources.
  • The research guide will redirect to important handouts, specifically SMAD course guides.
  • If you need help, contact the SMAD librarian liaison, Brian, via email.
  • Click on the SMAD course guides, then SMAD 450 (either section 001, 002 in fall/spring or 0101 in May term).
  • This page offers resources for:
    • Finding a case
    • Reading and understanding cases
    • Abbreviations (a separate resource is provided for abbreviations).
  • The guide contains a hot link to Nexis Uni, a database purchased by the JMU library.
  • In Nexis Uni, select legal content, then US cases.
  • Filter cases to only include US Supreme Court cases or Federal Court of Appeals cases.
  • Enter the name of your chosen court case from the textbook to search.

Example: Zener vs. American Online

  • Example case: Zener vs. American Online.
  • "Fed third" indicates a Federal Court of Appeals case; "US" or "SCT" indicates a Supreme Court decision.
  • Clicking on the case name takes you to the court decision page to brief the court case.

Court Brief Format

  • At the top of the brief, include the case name (e.g., Zarin vs. American Online Inc.) and underline or italicize it.
  • Include the Nexis Uni link underneath the court case name as a parallel citation.
  • Use the Nexis Uni citation, omitting the asterisks; asterisks indicate quoted source books within the text. The LaTex format is year, USS Appellate, Lexis, and a number (e.g. 2001, (USS Appellate)(\text{USS}\ \text{Appellate}), Lexis).

Facts Section

  • In the facts section, include the court from which the case was appealed (e.g., US District Court, Eastern District of Virginia).
  • Indicate if the lower court's decision was affirmed.

Vote Count

  • Determine the vote count by looking for the "counsel and judges" section (appellate court uses judges, while the Supreme Court uses justices).
  • If all judges/justices agree, the vote will be unanimous (e.g., 3-0 in Federal Court of Appeals, 9-0 or 8-0 in Supreme Court).
  • If a judge/justice does not participate, indicate it in the opinion section (e.g., Judge Sankson did not participate).

Rationale Section

  • Read the opinion and extract key points for the rationale section.
  • Present the reasoning in your own narrative form, avoiding numbered or lettered lists from the decision.

Importance

  • Answer two questions:
    • Does the ruling increase or decrease First Amendment freedoms?
    • Why do you feel that way?

Submission Instructions

  • Hand in the first page of the assignment.
  • Fall/Spring submissions:
    • Place the brief on top, followed by the one-page citation from Nexis Uni.
    • Staple the pages in the corner and fold them lengthwise.
    • Write your name, SMAD 450, and section number (0001 or 0002) on the outside.
  • May term submissions:
    • Submit a one-page brief and a screenshot of the Nexis Uni citation via email.