This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
Jones v. United States42 DownloadsYear: 2010 (Vol. 34). Topic: Evidence. Question: Whether the exclusion of expert testimony on eyewitness identifications under Rule 702 and Rule 403 of the Federal Rules of Evidence constitutes an abuse of discretion when a majority of the evidence against a criminal defendant is eyewitness testimony. Format: PDF.
United States v. Tilden41 DownloadsYear: 2014 (Vol. 38). Topic: Criminal Procedure Question: Whether, under Brady v. Maryland, 373 U.S. 83 (1963), a defendant is entitled to exculpatory evidence during negotiations over a plea bargain. Format: PDF.
Archer v. Spanish Joint Foods, Inc.89 DownloadsYear: 2012 (Vol. 36). Topic: Americans with Disabilities Act Question: Whether or not the Americans with Disabilities Act mandates that an employer, as a reasonable accommodation, reassign a disabled and qualified employee to a vacant position for which there are other more qualified applicants. Format: PDF.
Ottery St. Catchpole Dep’t of Children & Family Servs. v. Malfoy44 DownloadsYear: 2013 (Vol. 37). Topic: Constitutional Law; Fourth Amendment. Question: Whether the “special needs” exception to the warrant requirement applies to searches and seizures in a child abuse investigation. Format: PDF.
United States v. Roy20 DownloadsYear: 2010 (Vol. 35). Topic: Criminal Procedure; Sentencing; Immigration Law. Question: Whether a federal judge may, when sentencing individuals convicted of illegal re-entry into the United States, depart downward from the Sentencing Guidelines based on the existence of fast-track programs in other districts. Format: PDF.
United States v. Levy29 DownloadsYear: 2012 (Vol. 36). Topic: Criminal Procedure. Question: (1) Whether the safe harbor provision of 18 U.S.C. § 1957 is an affirmative defense or an element of the statutory definition of “monetary transaction.” (2) Whether the safe harbor provision of 18 U.S.C. § 1957 is an affirmative defense or an element of the statutory definition Read more about United States v. Levy[…]
Gilmore v. United States66 DownloadsYear: 2010 (Vol. 34). Topic: Constitutional Law; First Amendment; Fifth Amendment. Question: (1) Whether the First Amendment requires an affirmative defense of reasonable mistake of age to a charge under 18 U.S.C. § 2251(a) for production of child pornography. (2) Whether a condition of supervised release banning “any form of pornographic material” is unconstitutional, for Read more about Gilmore v. United States[…]
Price v. United States79 DownloadsYear: 2012 (Vol. 36). Topic: Constitutional Law; Criminal Law; Fifth Amendment. Question: Whether attempting to persuade another person to withhold testimony from an official proceeding by exercising his or her Fifth Amendment right can violate 18 U.S.C. § 1512(b), even if such persuasion is not coercive or otherwise done by wrongful means. Format: Word.
State v. Fogg36 DownloadsYear: 2011 (Vol. 35). Topic: Constitutional Law; Criminal Law; First Amendment; Fourteenth Amendment. Question: Whether a statute that bans the promotion and wholesale promotion of obscene devices is constitutionally valid under the First and Fourteenth Amendments. Format: PDF.
Silver v. Bloomberg89 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; First Amendment. Question: Whether a state police officer faces liability under 42 U.S.C. § 1983 for a violation of the First Amendment for ordering a citizen to stop filming a police encounter. Format: PDF.
Coulter v. Latrom36 DownloadsYear: 2012 (Vol. 36). Topic: Immigration Law. Question: Whether, as a matter of law, an alien mother and victim of Female Genital Mutilation (“FGM”) is eligible for withholding of removal under the Convention Against Torture based on the fear that her U.S. citizen daughter will be subjected to FGM if the child is constructively deported Read more about Coulter v. Latrom[…]
Moser v. Holder16 DownloadsYear: 2014 (Vol. 38). Topic: Immigration Law. Question: Whether, when the Board of Immigration takes administrative notice of facts without prior notice, the ability to file a motion to reopen under 8 C.F.R. § 1003.2(c) cures this lack of notice. Format: PDF.
Long v. Cierva14 DownloadsYear: 2012 (Vol. 36). Topic: Immigration Law. Question: Whether mandatory detention under INA § 236(c), 8 U.S.C. § 1226(c) is presumptively unreasonable after six months when removal or release is not imminent and therefore requires a bond hearing before an immigration judge to determine whether the alien is a flight risk or a danger Read more about Long v. Cierva[…]
Floyd v. United States63 DownloadsYear: 2011 (Vol. 35). Topic: Criminal Procedure. Question: Whether the district court’s jury instruction was consistent with the standard articulated in Miller v. California, 413 U.S. 15 (1973), and if so, whether Miller’s “contemporary community standard” is the proper standard to apply in the Internet obscenity context. Format: PDF.
JK Pharm., Inc. v. West21 DownloadsYear: 2013 (Vol. 37). Topic: Civil Procedure; Arbitration. Question: Whether a district court should automatically stay further proceedings after a party appeals the court’s denial of a motion to compel arbitration. Format: PDF.