Legal case

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1) Ec Part I.

Canarsie, Brooklyn is a neighborhood located in the southeast portion of Brooklyn, New York.   Named after the Canarsee tribe of Native Americans who inhabited the area before the Dutch settlement of the area in the 1600s.   Located on 86th Street, Our Lady of the Red Rose Catholic Church, a small Roman Catholic church,  runs a little league baseball league.

While many of the participants of the league are students of Our Lady of the Red Rose Catholic School, other youth participants of the little league do not attend the school.  David is a father of one of the participants of the league. Before the start of the most recent season, David volunteered to serve as a coach for one of the teams.   Rather than creating a unique logo and uniform for his team, he decided that it would be a good idea to name the team he coached the “Canarsie Indians.”

David hastily decided to use the logo and the home uniforms used by the Cleveland Indians that featured the word “Indians” printed on the chest of the shirt and a logo on the baseball cap featuring a caricature of a Native American.   Most of the youth players aged between ten and twelve years old expressed their pleasure at the choice of the uniforms and caps.  However, one of the parents, who practices law in Manhattan, took offense at the choice of uniforms and caps and took it upon himself to write the Cleveland Indians, the local newspaper, and to a local law firm that practices discrimination law with pictures of the children in the uniforms and wearing caps.

Upon receipt of these letters, the school receives a cease and desist letter from the Cleveland Indians, alleging that the use of the team’s logo and uniforms without prior approval constituted trademark infringement.   After that, a local attorney, who practices discrimination law, writes the school a letter stating that the use of the logo on the cap featuring a caricature of a Native American highly offended him, and he demands that school stop using the logo immediately.   Upon receiving these letters, the principal of Our Lady of the Red Rose Catholic asks David to resign as a volunteer coach.

Discuss the legal issues raised by this fact pattern. Specifically, focus on any trademark infringement claim that the Cleveland Indians may have against David and the school.  Also, explore any defenses that the school and David may raise in their defense.

Part II.

In our readings, we explored various challenges to the practices of a professional sports league that have been the subject of anti-trust litigation.  Provide an example of a practice of a professional sports league that has been challenged using the anti-trust laws.

2) What is your opinion of the effect that salary caps have had on professional sport? Outside research is welcomed as are your opinions on the subject.

3) Assignment Instructions

Brief the case University of Texas at Arlington v. Williams, 459 S.W. 3d 48 (Tex. 2015)  found in the Resources section of the class and attached to this Assignment and labeled as “Williamscase.docx”

Please remember to you the approved case brief format that includes the following parts: (1) Facts, (2) Procedural History, (3) Issues Statements, (4) Holdings, (5) Reasoning, and (6) Decision.

Case briefs are used to highlight the key information contained within a case for use within the legal community as court cases can be quite lengthy.

When writing case briefs, all information must be properly cited.  Make sure you are not copying and pasting from your source. Most of the material should be paraphrased; quotations should make up no more than 10%  of the brief.  Note: since the purpose to is highlight and summarize key information, merely copying and pasting from the case does not accomplish this goal. You must summarize the facts in your own words, using quotations sparingly.

4) Please take a look at the three handouts that I have attached here.

 

The one handout outlines how to brief a case with a detailed explanation of each part of the case brief. Another handout outlines how I will be grading these case briefs.  The third handout provides an example of a properly done case brief.  If you would like to read the case briefed in the model case, please find the case on Lexis at Delanhanty v. Hickley, 564 A.2d 758 (D.C. 1989).

Legal case names should be done in standard “Blue Book” format. Example: York v. Smith, 65 U.S. 294 (1995). For further information see http://www.law.cornell.edu/citation and look under the “How to Cite” section. Bluebook citation information is also found in the course materials and announcement sections of the class.  Your brief should be 2 pages in length and in the approved format.

Supporting Materials

5) What are the elements of a claim for trademark infringement? Please also provide an example of trademark infringement. YOUR RESPONSE MUST BE AT LEAST 350 WORDS MINIMUM.

6) Does a school need to satisfy each part of the three-part test to be in compliance with Title IX? Explain your answer. YOUR RESPONSE MUST BE AT LEAST 350 WORDS MINIMUM. PLEASE INCORPORATE CASES FROM OUR TEXTBOOK AND DISCUSSIONS IN YOUR ANSWER.

7) Provide an example of a sports league rule that has become the subject anti-trust litigation because of accusations that the rules are or were too restrictive. Your answer to this short answer must be at least 150 words and should incorporate examples from our textbook.

8) Create your own fact pattern to illustrate an example of a violation of the First Amendment in the public school setting. Please avoid the school prayer examples that we discussed in the forums. Just remember, a fact pattern is a made-up story that illustrates a legal issue without actually discussing the legal rules raised by the fact pattern created. Your answer to this short answer must be at least 150 words.

9) Please read the attached article. After you read the article, please summarize the author’s thesis and state whether you agree or disagree with the author’s argument.  Your answer should be no more than 500 words.

 
  14_DePaul_Bus._&_Comm._L.J._111,_ (1).docx     45 KB

 

10) Fully explain the potential liable partners and their respective potential liability for the following facts:  A junior high baseball player aged 14 is warming up in the batter’s box while standing next to another player doing the same. The two are acting against school policy but at the direction of their coach.  While one is watching the pitcher the other bends down to tie his shoe. The one watching the pitcher takes a full swing as the other is standing up. The bat connects with the rising players head, shatters his batting helmet and injures him.  YOUR RESPONSE MUST BE AT LEAST 350 WORDS MINIMUM.  Please remember to list your references in Bluebook format.

11) Explain fully the types of authority that a principal can convey to an agent. Please provide examples of each type of authority. YOUR RESPONSE MUST BE AT LEAST 350 WORDS MINIMUM.  Please list your references in Bluebook format.

12) Please create a fact pattern that illustrates an example of a potential hostile work environment based on sex. A fact pattern is a made up story that illustrates a legal concept. Your answer to this question should be at least 250 words.

13) Describe the difference between the business necessity defense and the bona fide occupational qualification (BFOQ) defense. Provide an example of each type of defense. Your response to this question should be at least 250 words.

14) Please read the attached law review article. After reading the law review article, please summarize the article’s thesis and discuss whether you agree with the article’s thesis. Your answer should be no more than 500 words long.

 
  68_Ala._L._Rev._551,_ (1).docx     64 KB

Last Updated on March 30, 2020 by Essay Pro