Appellate Advocacy at Vermont Law School
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Judges' Information Pages


FALL 2022 CASES AND DATES


Andy Warhol Foundation, Inc. v. Lynn Goldsmith & Lynn Goldsmith LLC
In 1981, photographer Lynn Goldsmith took a series of photographs of pop star Prince. Three years later, her management company licensed one of these photographs to Vanity Fair for use as the base image for a specially commissioned work by Andy Warhol. Warhol used the licensed photo to create sixteen drawings and screen prints in a style reminiscent of his groundbreaking portraits of Marilyn Monroe and Elvis Presley. Lynn Goldsmith discovered Warhol’s Prince Series in 2016, after seeing one of the screen prints on a magazine cover. She approached the Andy Warhol Foundation, Inc., which now holds the rights to Warhol’s works, claiming the Foundation’s licensing of the Warhol works infringed her copyright in the 1981 photo. The Foundation sued, seeking a declaratory judgement that Warhol’s works are a fair use of Goldsmith’s photo. The Supreme Court has considered the fair use affirmative defense to infringement in several contexts, but circuit courts are split on how this precedent should be applied to visual arts. This case asks the Court to resolve that split and rule on whether the Foundation’s licensing of Warhol’s Prince Series is a fair use of Goldsmith’s photo.

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
Students for Fair Admissions, Inc. (SFFA) sued the President and Fellows of Harvard College (Harvard) alleging that Harvard's undergraduate admissions process—which Harvard admits considers race and provides "tips" to candidates based on race—violates Title VI of the Civil Rights Act of 1964 because it discriminates against Asian Americans. Specifically, SFFA alleges, among other things, that Harvard impermissibly engages in racial balancing, that it uses race as a "mechanical plus factor" in admissions decisions, that there are workable "race-neutral alternatives," and that Harvard intentionally discriminates against Asian Americans in favor of white applicants. The questions before the Court are (1) whether the Supreme Court should overrule Grutter v. Bollinger and hold that private colleges and universities cannot use race as a factor in their admissions decisions; and (2) whether Harvard’s admissions process survives strict scrutiny.

303 Creative LLC v. Elenis
303 Creative LLC, v. Elenis pits Lori Smith, the owner of 303 Creative LLC, against the State of Colorado on the question of whether Colorado's Anti-Discrimination Act violates her First Amendment right to free speech by requiring Ms. Smith to create wedding websites for same-sex couples despite the fact that such marriages are counter to her Christian religion.

Case Dates: 11/17, 11/18, 11/19, 11/21, 11/22, 11/28, 11/29, 11/30



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