Transcript of "Fall 2011 closed memo no. 2 assignment cooper v. stockett appropriation of name or likeness"
MEMORANDUMTO: Junior Associates, RWA Sections 13 and 16FROM: Senior Partner Entrikin and Senior Associate HowellRE: Cooper v. Stockett, No. 251-11-134 CIVDATE: October 12, 2011 Thank you for your initial research on the applicable statute of limitations for Ms.Cooper’s invasion of privacy claims. We have a follow up question we’d like you to research. Assume for now that we canpersuade the Court of Appeals that the trial judge erred by granting summary judgment on statuteof limitations grounds, at least on some (if not all) of Cooper’s claims. My next question is this:What’s the likelihood that the Mississippi Court of Appeals would hold, as a matter of law, thatMs. Cooper has stated a claim against Stockett for misappropriation of Cooper’s identity? Given the uncertainty about the outcome of the threshold issue, I’m concerned that evenif we do decide to file an appeal, Stockett might argue that it does not matter how the statute oflimitations issue is resolved. Specifically, she might argue that Cooper cannot prevail as a matterof law – at least not on her appropriation of identity claim. To save some time, I’ve had my legal assistant track down all the relevant legalauthorities from Mississippi, along with many relevant authorities from other jurisdictions thatmight be helpful. This time, my assistant found the original reporter versions of the cases if theywere available. As before, you will find the library of authorities for Closed Memo No. 2 postedon TWEN under “Writing Assignments.” This time it is up to you to put the citations in correctformat according to the ALWD Citation Manual. In addition to the authorities listed in the library for Closed Memo No. 2, you are alsofree to consult any of the authorities you were authorized to consider for Closed Memo No. 1.Please confine your analysis to those authorities alone. Do not cite any internal references toother legal authority. Instead, cite directly to the authorityyou’ve been given, and then includean explanatory parenthetical with information about any internal citations. For example, According to one federal court in Arizona,the sky is blue. Columbus v. Santa Maria, 1 F.Supp. 157 (S.D.N.Y. 1492) (citing an Arizona federal court decision).In the example, do not cite directly to the Arizona authority; just refer to it generally in the text ofyour sentence and cite only to the legal authority in the library where you found that internalreference. Remember: Your second issue is a narrow one.We just need to know how to counselMs. Cooper about the likelihood of winning the appropriation of identity claimifshe decides tochallenge the trial court’s summary judgment ruling. In the second part of your memo, pleaselimit your analysis to that issue – and that issue alone. On this second issue, I am not concerned 1
about any of Cooper’s other claims, primarily because I think the appropriation of identity claimoffers our best opportunity to overcome the statute of limitations defense. (Of course, I maychange my mind after reading your legal analysis of that issue.) In addition to the legal authorities listed in the two libraries, remember that you mayalways consult Black’s Law Dictionary to define legal terms. You may cite Black’s in support ofyour analysis, if appropriate. Just be sure you use the correct citation format. You are not authorized to engage in any outside research beyond the specific authoritiesprovided forthe two closed memo assignments. Do notcite any case or other legal authoritynotenumerated in one or the other library of authorities. If you wish to rely on any outside legalauthority cited or relied upon by a legal resourceprovided directly to you, simply refer to theoutsideauthority, without a formal citation,in the text of your discussion. Then cite directly to thelegal authority you’ve been provided where you found the reference to the outside legalauthority. Please incorporate your legal analysis for this second issue into your previous memoaddressing the statute of limitations question (after revising and improving that discussion, ofcourse). Structure your Questions Presented using Roman numeral I for the first issue andRoman numeral II for the second issue. Do the same with your Brief Answers. Use the sameRoman numerals to designate each Brief Answer that corresponds to each Question Presented. Your memo should include a heading similar to the heading of this memo. Use 12-pointTimes New Roman (or equivalent) font and one-inch margins. Please double-space your memoand number the pages, centered at the bottom of each page. Please do not exceed ten double-spaced pages, and please print your final version of the memo on one side of the page only.(Ifyour memo is longer, I will read and evaluate only the first ten pages.) You are encouraged todiscuss the assignment and the legal authorities with other first-year students in Professor Entrikin’s RWASections 13 and 16. You may also discuss theassignment with Cassie Howell during her office hours or by email. Do not discuss theassignment with anyone else, including your other professors, roommates, parents, siblings,relatives, friends, acquaintances, or strangers. Finally, your writing must be exclusively yours. You may not show your written work toanyone other than Ms. Howell or me. Senior Associate Howell is not authorized to edit or reviseyour written work, which must be exclusively your own. You are expected to do your bestwork on your memo.We need to advise Ms. Cooper about this additional issue on or before thefirst of November. Therefore, yourassignment is due at 9:30 a.m. on Monday, October 31. 2