This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
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 Ludlow44 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.
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[…]