In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: the terms of the agreement as to the status of the donor in writing. After the mother and her partner ended their relationship, the sperm donor filed suit to adjudicate his parental rights. The court looked to the plain language of the Texas statute and determined that the sperm donor lacked standing to pursue the paternity action. See Tex. Fam.Code Ann. § 160.702 (Vernon Supp.2006) (“A donor is not a parent of a child conceived by means of assisted reproduction.”). The “do-it-yóurself” manner in which the artificial insemination was conducted does not alter the fact that B.O.C. was a sperm donor under section 742.14. The statute does not require that the artificial insemination be performed in a clinical setting to apply. Compare McIntyre v. Crouch, 98 Or.App. 462, 780 P.2d 239 (1989) (<HOLDING>), with C.O. v. W.S., 64 Ohio Misc.2d 9, 639 
 Holding statements: (A) holding that where the donor nonpaternity statute did not explicitly reference physician involvement the statute applied even though the sperm was not provided to a physician (B) holding that writ was explicitly abolished by statute (C) holding that the title of the statute did not limit the reach of the statute (D) holding that where first amendment freedoms are not infringed by the statute a vagueness claim must be evaluated as the statute is applied to the facts of the case (E) holding that the statute as applied violates the commerce clause

Answer: (A)


Question: Dubuque’s “irrevocable” decision to relocate was not a vote to categorically refuse Dubuque’s overtures, but a vote to insist on financial disclosure as a prelude to bargaining. The Board’s finding that good-faith bargaining between Dubuque and the UFCW might not have been futile was substantially supported by the record. 3. Retroactivity Finally, Dubuque argues that the Board erred by “retroactively” employing its new test in this case. Again, we disagree. Our formulation of the standard for evaluating challenges to the retroactive application of a ruling from an agency adjudication has varied. Compare Retail, Wholesale & Dep’t Store Union v. NLRB, 466 F.2d 380, 390 (D.C.Cir.1972) (applying a five-factor test) with Consolidated Freightways v. NLRB, 892 F.2d 1052, 1058 (D.C.Cir.1989) (<HOLDING>) (internal quotation marks omitted) with 
 Holding statements: (A) holding no retroactive application (B) recognizing a general principle that retroactive application of rules is permitted absent any manifest injustice (C) holding retroactive application (D) recognizing principle (E) holding that retroactive application of amendments will not result in manifest injustice

Answer: (B)


Question: his courtroom constitutes protected speech under the First Amendment of the United States Constitution. The Supreme Court has stated that “there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise clauses protect.” Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 302, 120 S.Ct. 2266, 147 L.Ed.2d 295 (2000). However, although Defendant is correct that “judges are not First Amendment orphans,” (Br. of Appellant at 43), Defendant’s hanging of the poster in his courtroom is not the private judicial speech protected by the First Amendment’s Free Speech clause. See Republican Party of Minnesota v. White, 536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002) (<HOLDING>). Defendant presented the identical argument to 
 Holding statements: (A) holding that it violated the first amendment to prohibit announcement of views on disputed legal and political issues by candidates for judicial election (B) holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political (C) holding unconstitutional an ordinance prohibiting opprobious language (D) holding political discharges were unconstitutional (E) holding unconstitutional a statute prohibiting judges running for election from expressing a view on political issues during campaigns

Answer:
(E)