This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
White v. Health Plus15 DownloadsYear: 2011 (Vol. 35). Topic: ERISA. Question: Whether the general fiduciary duties under § 404 of ERISA, 29 U.S.C. § 1104(a)(1), may include a duty to disclose information regarding physician compensation schemes. Format: PDF.
United States v. Gray70 DownloadsYear: 2009 (Vol. 33). Topic: Constitutional Law; Sixth Amendment. Question: Which party bears the burden of proving prejudice when a confidential defense strategy is compromised, and what remedies are available to the defendant should prejudice be found. Format: PDF.
Prefect v. Betelgeuse Cnty. Police Dep’t44 DownloadsYear: 2009 (Vol. 33). Topic: Constitutional Law; Fourth Amendment. Question: Whether the Fourth Amendment protection against unreasonable searches and seizures extends to arrestees that are no longer in the custody of the arresting officer and have not yet been arraigned or formally charged. Format: PDF.
Griffin v. Quahog Fin. Credit Union16 DownloadsYear: 2009 (Vol. 33). Topic: Bankruptcy. Question: Whether a Chapter 7 debtor is permitted to retain secured property by continuing to perform according to the original loan contract, or whether 11 U.S.C. § 521(2) limits a debtor to surrender, reaffirmation, exemption, or redemption of the loan or collateral. Format: PDF.
Pianosa Cnty. v. Yossarian17 DownloadsYear: 2010 (Vol. 34). Topic: § 1983. Question: Whether a former prisoner’s executrix can sue under 42 U.S.C. § 1983 for a damages claim relating to the prisoner’s allegedly unconstitutional conviction when, through no fault of her own, she is procedurally barred from having the prisoner’s conviction overturned through habeas corpus. Format: PDF.
Jones v. Church of Science25 DownloadsYear: 2008 (Vol. 32). Topic: Constitutional Law; First Amendment. Question: Whether the children’s choir director of a church sustain sexual harassment claims against her employer without running afoul of the Religion Clauses of the First Amendment, or such claims are barred under the judicially-created “ministerial exception” to Title VII and state employment law. Format: Word. Read more about Jones v. Church of Science[…]
Incandenza v. Enfield Sch. Dist.35 DownloadsYear: 2009 (Vol. 33). Topic: Constitutional Law; First Amendment. Question: Whether there is a hybrid rights exception to the general rule that the First Amendment’s Free Exercise Clause requires only rational basis review for neutral and generally applicable laws that incidentally burden a particular religion. Format: PDF.
Cook Cnty. Joint Unified Sch. Dist. v. Richard J.36 DownloadsYear: 2008 (Vol. 32). Topic: Civil Rights. Question: Whether general compensatory damages for violations of the Individuals with Disabilities Act, 20 U.S.C. §§ 1400-1482 may be pursued through a cause of action under 42 U.S.C. § 1983. Format: Word.
Dent v. United States32 DownloadsYear: 2009 (Vol. 33). Topic: Evidence. Question: Whether Rule 606(b) of the Federal Rules of Evidence prohibits a juror from testifying during a post-verdict hearing about whether outside influences affected her ability to be impartial. Format: PDF.
Mars v. Sinclair14 DownloadsYear: 2008 (Vol. 32). Topic: Immigration Law. Questions Presented: (1) Whether a motion to reopen cures a lack of notice when the Board of Immigration Appeals takes official notice of a change of country conditions. (2) Whether the filing of a motion to reopen removal proceedings automatically tolls the period within which an alien Read more about Mars v. Sinclair[…]
Fliegen Fledermaus Kunst, GMBH v. Reynard Arts, Inc.22 DownloadsYear: 2008 (Vol. 32). Topic: Civil Procedure. Question: What level of deference should district courts afford international comity in determining whether to issue a foreign anti-suit injunction. Format: Word.
Dirt First v. Quimby24 DownloadsYear: 2008 (Vol. 32). Topic: Animal Law. Question: Whether civil actions may be brought under the Administrative Procedure Act to enforce Section 703 of the Migratory Bird Treaty Act against a federal agency. Format: Word.
Webber v. Smith63 DownloadsYear: 2008 (Vol. 32). Topic: Constitutional Law; First Amendment. Question: What standard should be used to determine whether the First Amendment protects speech communicated by a public school teacher in the classroom. Format: Word.
Waddams v. Initech Corp.21 DownloadsYear: 2007 (Vol. 31). Topic: Civil Rights. Question: Whether interacting with others constitutes a major life activity under the Americans with Disabilities Act of 1990. Format: Word.
McCoy v. Mutant Univ.17 DownloadsYear: 2007 (Vol. 31). Topic: Constitutional Law. Question: Whether an informal practice can create a property interest in a tenured university position, entitled to due process protections, despite the existence of a formal tenure procedure within the same institution. Format: Word.