TA WRITIN EXAMPLE_USE AS TEMPLATE FOR WRITING SAMPLE.docx - MEMORANDUM To Professor FitzGerald Senior Partner Mary Casale Writing Fellow From 1003 Date

TA WRITIN EXAMPLE_USE AS TEMPLATE FOR WRITING SAMPLE.docx -...

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MEMORANDUM To: Professor FitzGerald, Senior Partner Mary Casale, Writing Fellow From: 1003 Date: July 7, 2019 Re: Adele Dazeem – Religious Freedom Restoration Act Claim Against 36 C.F.R. § 2.1 ______________________________________________________________________________ Question Presented Under Title 36 of the Code of Federal Regulations, section 2.1, does the law violate the Religious Freedom Restoration Act when Dazeem truly believes that consuming the flower each year is how she practices her religion and a law prohibiting such practice would significantly hinder her practices? Brief Answer Probably [yes or no]. [predict how court would decide each element in 2 sentences or less per element]. [1 sentence prediction of how court will rule on entire case]. Explain why each element is met/not met, incorporating the key facts that dictate the outcome for that element. Facts Our client, Adele Dazeem, has come to us for advice regarding a letter she received asserting that she violated 36 C.F.R. § 2.1 by picking and consuming a smooth coneflower as part of a religious ceremony. In 2005, Dazeem claims to have experienced a divine revelation at Shenandoah National 1
Park. Dazeem claims to have had a vision of her past life as an Egyptian Princess and of the Egyptian goddess of love, Hathor, who instructed Dazeem to gather and consume the smooth coneflower and to dedicate herself to Hathor and to preserving the worship of Hathor in the modern world. Dazeem founded and managed the Temple of Hathor following her revelation. Dazeem has recruited seventeen members to the Temple of Hathor since its creation in 2005, Dazeem manages the daily operations of the Temple, hosts the Temple’s headquarters at her home, and funds the Temple with her own income. As a form of worship for the goddess Hathor, the Temple’s members travel to the Shenandoah National Park each year and consume the smooth coneflower as part of a religious ritual. At the Temple’s most recent foundation ceremony, held on August 19, 2015, Park Ranger Bakewell broke up the ceremony and ordered Dazeem and the other members of the Temple to leave the land. Bakewell also threatened to charge the group for destruction of plants on government land and claimed that the smooth coneflower was an endangered species. A few months later, Dazeem received a letter from the Department of the Interior dated December 20, 2015. The letter was a notice of Dazeem’s violation of Title 36 of the Code of Federal Regulations, section 2 . , 1. Discussion For Dazeem to be able to successfully bring a claim under RFRA to challenge the governments action under Title 36 of the Code of Federal Regulations, section 2.1, her claim must show that her sincerely held religious belief was substantially burdened by the governments action. Under the RFRA, a plaintiff must establish two requirements to make a claim. The claim must establish that the plaintiffs (2) sincerely held religious belief was (2) substantially burdened 2
by the government’s action.

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