This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
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.
Irving v. M & M Enters.34 DownloadsYear: 2007 (Vol. 31). Topic: Civil Rights. Question: Whether, under the Equal Pay Act of 1963, the fourth affirmative defense of “any factor other than sex” requires a defendant to produce an acceptable business reason to justify use of an otherwise gender-neutral factor. Format: Word.
Troi v. Commissioner of Internal Revenue14 DownloadsYear: 2007 (Vol. 31). Topic: Tax. Issue: Whether, in the event of a lost, illegible, or otherwise unavailable postmark, extrinsic proof that a tax document was timely mailed may satisfy the “postmark rule” of the Internal Revenue Code, codified in I.R.C. § 7502. Format: Word.
Iguarán v. Moneybags State Bank31 DownloadsYear: 2007 (Vol. 31). Topic: Civil Rights. Question: Whether a Title VII plaintiff, who prevailed on discrimination claims before a state administrative agency and in appeals of the agency decision to state court, can then file suit in federal court for relief that was unavailable in state proceedings. Format: Word.
Pan v. Hook87 DownloadsYear: 2007 (Vol. 31). Topic: Constitutional Law. Question:(1) Whether Appellant’s Fourteenth Amendment claim against Everwood’s juvenile curfew ordinance ought to be analyzed under strict scrutiny. (2) Whether Everwood’s juvenile curfew ordinance is constitutional on its face. Format: Word.
Bowden v. Burt75 DownloadsYear: 2007 (Vol. 31). Topic: Immigration Law. Question: Whether, as a matter of law, Petitioner is a member of a cognizable social group and whether forced marriage is persecution. Format: Word. Preemption Notice! Patel v. Garland, 142 S.Ct. 1614, held that “Federal courts lack jurisdiction to review facts found as part of discretionary-relief proceedings under § Read more about Bowden v. Burt[…]
United States v. Bluth58 DownloadsYear: 2007 (Vol. 31). Topic: Constitutional Law; Fourth Amendment. Question: Whether the need to obtain clothing for a partially‑clothed arrestee constitutes an exigent circumstance, thus dispensing with the requirement that a law enforcement officer obtain a warrant or the arrestee’s consent before entering his or her home. Format: Word.