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Argued February 22, 2005—Decided June 23, 2005
Read how legalpdf.io would have prepared the lawyers for Susan Kelo to argue their case
What the critics say:
This document thoroughly researches and cites the original meaning of 'public use from sources like Blackstone, state constitutions, early Supreme Court cases. This provides a strong basis to argue for a narrow interpretation. Contrasts the original meaning with the flawed precedents of Berman and Midkiff. It raises important criticisms like lack of principle/logic, risk to property rights, vulnerability of the poor, incentives for corruption and appeals to basic principles like natural rights and limited government. Overall it is a forcefully argued position from an originalist standpoint, but may need to anticipate counterarguments
and pragmatic concerns to persuade skeptical judges.
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Read how legalpdf.io would have prepared the lawyers for GETTYSBURG ELECTRIC RAILWAY COMPANY to argue their case
What the critics say:
The letter builds a strong legal argument against the condemnation by structuring it around the main issues like lack of public use, inadequate appropriation, and improper taking of railway property. Each issue is broken down into sub-points that methodically explain the reasoning with citations to case law precedents. The letter maintains an authoritative yet respectful tone appropriate for a court filing. It makes effective use of rhetorical techniques like reasoning from precedent, questioning vague legislative intent, and appealing to constitutional rights and protections. The concerns over disrupted railway service and lack of due process are persuasive moral arguments. Overall, the letter presents a cohesive, supported case that the condemnation overreaches federal power and violates property rights.
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Read how legalpdf.io would have prepared the lawyers for ANDY WARHOL FOUNDATION to argue their case
What the critics say:
The letter builds a strong legal argument for fair use by methodically explaining how Warhol's works were transformative. It cites artistic details like the changes in color, contrast, cropping, and background to show Warhol altered the original aesthetics. It analyzes how Warhol's works conveyed a different message about celebrity and culture. The letter anchors its analysis in past court decisions recognizing Warhol's works as transformative. It connects transformative uses to copyright's goal of promoting creativity. The tone is authoritative yet reasonable. Overall, the letter cohesively argues Warhol's works were highly transformative and deserve fair use protection based on legal principles and public policy.
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