This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
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. Hook85 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. Burt74 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.
Costello v. United States40 DownloadsYear: 2007 (Vol. 31). Topic: Criminal Procedure. Question: Whether a sentencing judge can reasonably increase a defendant’s sentence for a conviction of voluntary manslaughter, beyond that which is recommended in the federal Sentencing Guidelines, in response to the defendant’s use of a weapon or dangerous instrumentality in the commission of the offense. Format: Word.
Jimpert v. Michael62 DownloadsYear: 2007 (Vol. 31). Topic: Constitutional Law; First Amendment. Question: (1) Whether an allegation of conspiracy to deprive others of equal protection of the laws solely on the basis of political affiliation states a claim under 42 U.S.C. § 1985(3). (2) Whether content-discriminatory supermajority requirements for ballot initiative elections require intermediate scrutiny under the First Read more about Jimpert v. Michael[…]