This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
Silver v. Bloomberg87 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.
Channing Merch. v. United States147 DownloadsYear: 2013 (Vol. 37). Topic: Constitutional Law; Fourth Amendment. Question: Whether a law enforcement agent may incorporate specialized experience and knowledge in determining if a container has illegal contraband, therefore allowing a lawful warrantless search under the plain view doctrine. Format: PDF.
Jarrah v. Oceanic Airlines27 DownloadsYear: 2011 (Vol. 35). Topic: Administrative Law. Question: Whether boarding constitutes a “service” under the Airline Deregulation Act, Pub. L. No. 95-904, 92 Stat. 1705 (codified as amended in relevant part at 49 U.S.C. § 41713(b)(1)), so as to preempt state-law tort claims arising out of an airline’s refusal to allow a passenger to Read more about Jarrah v. Oceanic Airlines[…]
Fernando v. Murano Unified Sch. Dist.69 DownloadsYear: 2010 (Vol. 34). Topic: Constitutional Law; First Amendment. Question: Whether student speech made outside the school setting may nevertheless be governed by Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969), and its progeny, and if so, whether application of the standards in Tinker and its progeny allow Read more about Fernando v. Murano Unified Sch. Dist.[…]
U.S. Dep’t of Justice v. Langdon54 DownloadsYear: 2012 (Vol. 36). Topic: Freedom of Information Act. Question: Whether booking photographs or “mug shots” taken and retained by the U.S. Marshals Service are subject to release under the Freedom of Information Act, 5 U.S.C. § 552(b). Format: Word.
Potter v. United States43 DownloadsYear: 2010 (Vol. 34). Topic: Constitutional Law; Criminal Law; Fifth Amendment; Sixth Amendment; Juvenile Law. Question: Whether a criminal defendant’s right to a jury trial under the Sixth and Fifth Amendments is violated when a prior juvenile adjudication – not itself decided by a jury – is used by a judge to impose a Read more about Potter v. United States[…]
Mapple, Inc. v. Ritchie19 DownloadsYear: 2012 (Vol. 36). Topic: Copyright. Question: Whether the anti-circumvention trafficking provision of the Digital Millennium Copyright Act, 17 U.S.C. § 1201(a)(2), requires the plaintiff to prove a “nexus” between the circumvention devices and the exclusive rights protected by 17 U.S.C. § 106. Format: Word.
Bullock v. Farnum47 DownloadsYear: 2010 (Vol. 34). Topic: Constitutional Law; Due Process; Mental Disability Law. Question: Whether a State owes affirmative constitutional duties of care and protection, under the Due Process Clause of the Fourteenth Amendment, to individuals voluntarily admitted to State custody. Format: PDF.
Biondi v. Ba-Ka-Le Tribe60 DownloadsYear: 2010 (Vol. 34). Topic: Indian Law Question: Whether the Indian Gaming Regulatory Act allows a state to refuse to negotiate operational terms for Class III games prohibited by state law. Format: Word.
Keys v. City of Ludlow43 DownloadsYear: 2009 (Vol. 33). Topic: Constitutional Law; Substantive Due Process. Question: Whether a parent’s liberty interest in the relationship with his or her adult child is protected by the freedom of intimate association under the Fourteenth Amendment. Format: PDF.