Legal Memorandum

should be neutral in tone.

Important: Do not put your name on your paper, please put your student ID on it instead so that you

will be graded anonymously.

How to submit – through Blackboard in this folder.

Possible topics – Any legal issue in international law. Examples:

Should marijuana be legal in Jamaica (see the case) and under federal law in the US?

Does/did President Trump have the authority to take the US out of the Paris agreement on

climate change?

Is there evidence that President Trump colluded with Russians to get elected? If so did that

violate U.S. election law; is he truly our president; and should he be impeached?

Issues in immigration law such as the legality of President Trump’s executive order to ban

immigration from Muslim countries, or separating illegal alien parents from children born in the

US.

Is circumcision legal under international law?

Was it legal for the US to participate in the Iraq war?

Was it legal for the United States to bomb Syria for using chemical weapons?

What has President Trump’s impact been on the post World War II liberal world order based on

international law, and on institutions such as NATO and the European Union, and his influence

on Brexit? Or if you like President Trump, argue that he has upheld and helped enforce

international law and advanced its goals.

Any other issue in public international law (the law of nations; immigration; and comparative

law, comparing the laws of different nations) of interest to you.

Since we are studying public international law during this half of the course, do not write about

issues in private or international business law. You will be writing a persuasive essay about a

topic in that field.

Also, you can write about any issue in comparative international law. That is, compare the laws

in one or more nations on a particular topic to laws of one or more other nations. E.g., perhaps

prostitution is legal in one country but not another. You could compare the laws and give

arguments for both positions, then make a recommendation.

As always, cite some international law.

Length – At least 2 pages double spaced. It can be any length that long or longer but be concise.
Format – It is important to follow the format shown in the template in Blackboard. A legal memorandum
should be neutral in tone.
Important: Do not put your name on your paper, please put your student ID on it instead so that you
will be graded anonymously.
How to submit – through Blackboard in this folder.
Possible topics – Any legal issue in international law. Examples:
•
•
•
•
•
•
•
•
•
•
•
Should marijuana be legal in Jamaica (see the case) and under federal law in the US?

Does/did President Trump have the authority to take the US out of the Paris agreement on
climate change?

Is there evidence that President Trump colluded with Russians to get elected? If so did that

violate U.S. election law; is he truly our president; and should he be impeached?

Issues in immigration law such as the legality of President Trump’s executive order to ban

immigration from Muslim countries, or separating illegal alien parents from children born in the

US.
Is circumcision legal under international law?

Was it legal for the US to participate in the Iraq war?
Was it legal for the United States to bomb Syria for using chemical weapons?
What has President Trump’s impact been on the post World War II liberal world order based on
international law, and on institutions such as NATO and the European Union, and his influence

on Brexit? Or if you like President Trump, argue that he has upheld and helped enforce
international law and advanced its goals.
Any other issue in public international law (the law of nations; immigration; and comparative

law, comparing the laws of different nations) of interest to you.

Since we are studying public international law during this half of the course, do not write about

issues in private or international business law. You will be writing a persuasive essay about a

topic in that field.
Also, you can write about any issue in comparative international law. That is, compare the laws

in one or more nations on a particular topic to laws of one or more other nations. E.g., perhaps

prostitution is legal in one country but not another. You could compare the laws and give
arguments for both positions, then make a recommendation.
As always, cite some international law.
Thanks – I look forward to reading your papers!
Peter
Date: September 29, 2017
From: Anna Turney
To:
Professor Adler
International Law Online – Fall 2018
Re:
Zidane’s Red Card
LEGAL MEMORANDUM
FACTS
During the 2006 World Cup final in Germany between France and Italy, viewed by billions of football
fans worldwide including many children, the legendary French captain Zinedine “Zizou” Zidane butted
his head into the chest of the Italian captain, Marco Materazzi, and knocked him to the ground.
Materazzi was not injured. A referee gave Zidane a red card and ejected him from the game, Zidane’s
last before retiring. FIFA instituted disciplinary proceedings against Zidane and interviewed the two
captains. Zidane claims that Materazzi tugged on his shirt; that he said, “If you want it so badly, I’ll give
it to you after the game”; and that Materazzi replied, “I would prefer your sister.” Zidane claims that
Materazzi also said something “very bad” about his mother, without disclosing what, but Materazzi
denies that.
DECISION MAKING BODY
The Fédération Internationale de Football Association (FIFA), a non-governmental international
organization that governs the sport of football.
ISSUE PRESENTED
Should Zidane and Materazzi be punished and to what extent for their actions and words, respectively,
during the World Cup final?
APPLICABLE LAW
FIFA’s Disciplinary Rules apply. Article 40 gives FIFA discretion in imposing punishments. Article 47 is
entitled, “Physical Injury”. Article 48 concerns violence or assault without physical harm. Article 54,
“Offensive Behavior,” prohibits insults. Articles 48 and 54 also provide for punishments.
DISCUSSION
As to Zidane, it could be argued that Article 47 applies because Article 47(1) states, “”A player who
deliberately assaults someone physically or damages his health …” Zidane deliberately assaulted
Materazzi. Article 47 is entitled, “Physical Injury,” however, and Materazzi was not injured. Moreover,
Article 48 discusses violence, deliberate assault, without physical harm. It appears therefore that FIFA
intended Article 47 to apply to deliberate assault with physical harm, and that it intended that Article 48
to apply to assault without physical harm.
Article 48 applies to Zidane because the headbutt constituted “violence … without physical harm”.
Article 48 provides that violators, here Zidane, should be suspended for 4 games and fined at least CHF
5,000.
Zidane asserts the defense that he was provoked by Materazzi’s insults and no doubt that is true, but
deliberately butting another player in the chest falls so far outside the norms of football, and verbal
provocation cannot be a defense to violence that could have caused injury.
FIFA has discretion in imposing punishments, pursuant to Article 40. FIFA should use its discretion since
the punishment for a player violating Article 48 is a 4-game suspension, but Zidane has retired.
Therefore, FIFA should consider an alternative penalty such as making him perform community service.
Since Zidane is a highly paid football superstar, a fine of CHF 5,000 would constitute a slap on the wrist.
FIFA might consider imposing a slightly larger financial penalty in part to deter violence during football
games, especially as the World Cup was seen by billions of people including children.
As to Materazzi, Article 54 applies as it is uncontested that he insulted Zidane’s sister. Since it cannot be
determined whether he insulted Zidane’s mother, he cannot be punished for that even if he did so.
Materazzi asserts the defense that it would be unfair to punish him because he was caught insulting
Zidane when “trash talking” is common but others are not caught or punished. Arguably, though, FIFA
should impose a small punishment on Materazzi: he was caught; he violated FIFA’s rule against insults;
without his insults, Zidane would not have struck Materazzi; and fining him will help defuse tensions
between French and Italian fans.
CONCLUSION
Since Zidane violated Article 48 (assault without physical harm), FIFA should require him to perform
community service in lieu of suspending him as he has retired. It should fine him CHF 5,000 or slightly
more to deter violence.
FIFA should give Materazzi the minimum punishment under Article 54 for having made offensive
remarks, even though insults are not ordinarily punished, in part to defuse tensions between French and
Italian fans.
SOME WRITING TIPS
GENERAL RULES
Follow the required format.
Know your audience. What is the purpose of your message?
Plan and organize. Create an outline (available in Word) to group ideas and information logically. Start
with the main idea or thesis, then discuss the parts such as the arguments.
For the most part, use simple words and short sentences. Delete unnecessary words. This tip alone will
improve your writing.
Avoid repeating ideas or words in proximity to each other.
SPECIFIC RULES
Avoid contractions such as “it’s”; colloquialisms; jargon; spell out each name before using its acronym.
Use the active voice, not the passive voice. E.g., “Lloyds of London insures against maritime casualties”,
not, “Insurance is sold by our company.”
Change negatives to positives, and avoid double negatives.
Use a colon to introduce a list of items, and the semicolon to separate phrases or ideas.
Do not mix singular and plural. E.g., “The company … they …”
Do not split infinitives. E.g., “To slowly move”.
Use a comma after “which”. “At the conference in Vienna, which ended on Friday, …”
Put a comma before quotation marks. E.g., the Chairman asked, “At what time will the Convention on
the Laws of the Sea end?”
Good writing requires rewriting! Spell check, proofread, edit, and revise. Put your first draft aside,
reread it later, and see if what you have written would be clear to someone who does not know
anything about the subject.
LEGAL MEMORANDUM
FACTS
Set out the material legal facts
State whether undisputed or disputed
DECISION MAKING BODY
ISSUES PRESENTED
APPLICABLE LAW
What institution is deciding the matter?
Any prior proceedings?
E.g., district court decided x, now on appeal at U.S.
Supreme Court
Describe the legal issues presented
What is the law?
DISCUSSION
Apply the facts to the law
Set out both sides of the case neutrally
Discuss/analyze
Consider possible defenses
CONCLUSION
Reach a conclusion
E.g., how is court likely to decide the case?
Make a recommendation
LEGAL MEMORANDUM
FACTS
Set out the material legal facts
State whether undisputed or disputed
DECISION MAKING BODY
ISSUES PRESENTED
APPLICABLE LAW
DISCUSSION
What institution is deciding the matter?
Any prior proceedings?
E.g., district court decided x, now on appeal at U.S.
Supreme Court
Describe the legal issues presented
What is the law?
Apply the facts to the law
Set out both sides of the case neutrally
Consider possible defenses
Civil and criminal case
CONCLUSION
Reach a conclusion
Make a recommendation
EXAMPLE – “Zidane” case
Undisputed:
2006 football World Cup in Germany; France v. Italy; 2 billion fans watched
Legendary French Captain Zinedine Zidane’s last match
Italian Materazzi pulled on Zidane’s shirt
Z told M, “if you want my shirt I will give it you afterwards.”
M said, “I would prefer your sister.”
Zidane gave Materazzi a powerful headbutt and knocked M to the ground but unhurt (P. 1)
Disputed:
Z claims M said something very bad about his mother too. Unresolved.
Fédération Internationale de Football Association (FIFA)
An international organization and non-governmental organization (an IO and NGO)
Governing body for football
[No prior proceedings so no need to mention that]
Did Z’s actions and M’s words violate FIFA’s Disciplinary Rules?
What must or should their punishment(s) be?
Did the headbutt constitute the tort or crime of battery under German law?
FIFA Disciplinary Rules 2006
Chapter I, Section 5, Article 40, gives FIFA discretion in imposing the punishment
Chapter II, Section 1 Physical Assault, Article 47 Physical Injury
Chapter II, Section 1, Article 48 concerns violence or assault without physical harm
Article 54, “Offensive Behavior,” prohibits insults
Germany, a civil law country, has civil and criminal laws against assault and battery
As to Zidane:
Could argue that Article 47 applies because Article 47(1) refers to, “A player who deliberately assaults
someone physically or damages his health …” Z assaulted M.
But Article 47 is entitled, “Physical Injury” and Materazzi was not injured.
Moreover, Article 48 discusses violence, deliberate assault, without physical harm
So it appears that Articles 47 and 48 were not well drafted, but that FIFA intended that Article 47
applies to a deliberate assault that damages another player’s health, while Article 48 applies to assault
without physical harm.
Headbutt, violence without harm, violated Article 48
Likely FIFA will punish Z for the headbutt
Code says punishment is 4 mo. suspension + min. CHF 5,000 fine.
But under Article 40, FIFA has discretion in pronouncing the sanction and the scope of it.
Because this was Zidane’s last game, a 4 month suspension would not be a punishment
So FIFA should impose another punishment (e.g., community service)
FIFA has discretion to increase the fine on Z
Possible defense: Z argues that M provoked him by pulling his shirt and by what he said (about his
sister, maybe mother)
As to Materazzi:
Trash talking violated Article 54 (prohibits offensive behavior and insults)
Punishment is 2 month suspension.
Possible defense: M argues that trash talk is common and the rule against it is not enforced
Unclear whether it should punish M
Might do so to deter particularly bad insults
Might do so to reduce tensions between French and Italian fans
This would be a separate analysis (it’s just a hypothetical; no country would prosecute this)
What are the elements of civil and criminal assault and battery in German (where the incident
occurred)?
(Assume that you are deciding for FIFA)
Recommend punish Z under Article 48
Could suspend for 2 matches but given the violence and the venue (World Cup and 2 billion fans
including children), suspend for 3, and impose community service instead)
Could fine CHF 5,000 per Article 48 or a little more to send a message to deter violence
Ordinarily M would not be punished as verbal insults are often not punished
Moreover, not clear whether Z had a sister or whether M said something very bad about Z’s mother
But this is an international incident between France and Italy that needs to be defused
So suspend M for 2 matches per Article 54
FACTS
DECISION MAKING
BODY (AND
PROCEDURAL
HISTORY)
ISSUES PRESENTED
APPLICABLE LAW
DISCUSSION
CONCLUSION
PRESIDENT TRUMP’S SO-CALLED “MUSLIM BAN”
On the campaign trail, Donald Trump vowed to ban immigration by Muslims
After election, he asked Governor Christie for advice how to legally block Muslims from entering
President Trump’s Exec. Order banned travel and immigration from 7 Muslim countries
Federal courts in different states including MA issued “split decisions” on this matter
The Supreme Court decided the matter (let’s assume it had not decided the case yet)
Is the ban within the President’s power and constitutional?
Are states harmed and entitled to a preliminary injunction blocking the order?
Are the states likely to win at trial?
Consider the president’s powers under Constitutional law
What powers does the president have under immigration law?
Does the First Amendment apply, prohibits government from favoring any religion?
Discuss how the lower courts reasoned through the matter and reached different conclusions
What do you recommend the Supreme Court decide and on what grounds?