United States Supreme Court
444 U.S. 51 (1979)
Allard (plaintiff) sells Native American artifacts, some of which include eagle feathers. The federal Eagle Protection Act prohibits the sale of eagle eggs or body parts, but does not prohibit the possession or noncommercial transfer of items that were lawfully obtained before the law went into effect in 1940. Andrus (defendant), the Secretary of the Interior, issued regulations prohibiting the commercial sale of eagle body parts gathered before 1940. Allard was prosecuted for violating the Eagle Protection Act. He then brought suit seeking a declaration that the statute did not restrict sales of feathers gathered before 1940, and that if the statute and regulations did restrict the sales, they violated the Fifth Amendment. The district court entered judgment for Allard on both claims, and the Secretary of the Interior appealed.
Rule of Law
Holding and Reasoning (Brennan, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 241,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.