This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
46-04 US v. Lewis74 DownloadsYear: 2022 (Vol. 46) Topic(s): Criminal Law Question presented: Whether lying to a judicial officer about financial assets in order to appear indigent and obtain free counsel qualifies as “obstruction” under U.S. Sentencing Guidelines Manual Section 3C1.1 (U.S. Sent’g Comm’n 2021). Format: Word and PDF Prepared by: Brendan Ferguson
46-14 Lime v. Tracy21 DownloadsYear: 2022 (Vol. 46) Topic(s): Immigration Law Question presented: Whether a noncitizen applying for withholding of removal must prove that their protected characteristic is “one central reason” for the persecution. Format: Word and PDF Prepared by: Nathaniel Brodsky & Xinge Hong
46-13 Maximus Pharmaceuticals v. Octopus Bio26 DownloadsYear: 2022 (Vol. 46) Topic(s): Patent Law Question presented: Whether a “method of treatment” is patentable subject matter pursuant to 35 U.S.C. § 101. Format: Word and PDF Prepared by: Carolina Yu
46-02 Lu v. Scarikor Inc.62 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Rights, Employment Law Question(s) presented: (1) Whether, to determine if an individual is an employee under Title VII, courts should immediately apply all common law agency factors or first apply a threshold-remuneration test. (2) Whether, under the properly applied test, Appellant is an employee Read more about 46-02 Lu v. Scarikor Inc.[…]
46-10 Wilson v. Luffta28 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Procedure, Complex Litigation, Class Actions, Rule 23 Questions presented: (1) Whether an administratively feasible mechanism for identifying class members must be shown to satisfy the implied ascertainability requirement of Federal Rule of Civil Procedure 23(b)(3). (2) Whether the use of self-identifying affidavits to identify class Read more about 46-10 Wilson v. Luffta[…]
46-00 Opening Pages of Volume 4661 DownloadsThis PDF contains the opening to Volume 46 of the NYU Moot Court Board Casebook. These introductory pages include a dedication, a foreword from Mariam Ehrari, the Executive Editor of this volume of the Casebook, a guide to using our Casebook, and a list of the legal questions addressed. Read more about 46-00 Opening Pages of Volume 46[…]
46-06 Shelm v. Karr51 DownloadsYear: 2022 (Vol. 46) Topic(s): Constitutional Law, Rational Basis Review, Strict Scrutiny Question(s) presented: Whether, under rational basis review, courts must evaluate statutes based on their rationality at the time of passage, or upon their rationality at the time of the constitutional challenge. Format: Word and PDF Prepared by: Gabriel Gross
46-03 US v. Smith55 DownloadsYear: 2022 (Vol. 46) Topic(s): Administrative Law, Administrative Procedures Act, Constitutional Law, Sentencing Guidelines, Criminal Law Question(s) presented: (1) Whether courts must make a threshold determination of genuine ambiguity before deferring to the Sentencing Guidelines commentary. (2) Whether the U.S. Sentencing Commission’s commentary to Section 4B1.2 of the U.S. Sentencing Guidelines Read more about 46-03 US v. Smith[…]
46-12 Zuniga v. God’s Grace86 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Rights, Employment Law, First Amendment Question(s) presented: Constitutional Law, Civil Rights, Employment Law, First Amendment (1) Whether the ministerial exception creates a categorical bar to Title VII hostile work environment claims brought against a religious organization by a ministerial employee. (2) If the ministerial Read more about 46-12 Zuniga v. God’s Grace[…]
46-05 Nixon v. Garciaparra62 DownloadsYear: 2022 (Vol. 46) Topic(s): Evidence Question presented: Whether a court may look at evidence that was available but not presented at trial when analyzing new evidence supporting an actual innocence claim. Format: Word and PDF Prepared by: Jack Gilligan
46-07 Young v. US96 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Rights, Prison Litigation Question(s) presented: (1) Whether the prison mailbox rule applies to claims brought under the Federal Tort Claims Act (the “FTCA”). (2) Whether a filing by a represented incarcerated litigant is governed by the prison mailbox rule. Format: Word and PDF Prepared by: Read more about 46-07 Young v. US[…]
46-09 Porter v. Headstory30 DownloadsYear: 2022 (Vol. 46) Topic(s): Intellectual Property Question presented: Whether section 230 of the Communications Decency Act, which bars claims against internet service providers, includes state intellectual property claims. Format: Word and PDF Prepared by: Harrison Putney
13 – United States v. Jesse Greenman55 DownloadsYear: 2021 (Vol. 45) Topics: Evidence Question(s) presented: Whether crimes, wrongs, or other acts offered to prove a defendant’s mental state can be admitted under Federal Rule of Evidence 404(b)(2) when the defendant does not actively dispute mental state. Format: Word and PDF Prepared by: Sarah Winslow Download Read more about 13 – United States v. Jesse Greenman[…]
05 – Eagle State Ass’n of Med Drs. & Abortion Providers v. Victor Lang41 DownloadsYear: 2021 (Vol. 45) Topics: Constitutional Law Question(s) presented: (1) Whether speech-and-display ultrasound laws are content-based speech subject to strict scrutiny under the First Amendment. (2) If speech-and-display ultrasound laws are not subject to strict scrutiny, what level of scrutiny applies Read more about 05 – Eagle State Ass’n of Med Drs. & Abortion Providers v. Victor Lang[…]
11 – MusiCal v. Ray-Z23 DownloadsYear: 2021 (Vol. 45) Topics: Copyright Question(s) presented: Whether courts should apply a bright-line or de minimis approach to determine copyright infringement. Format: Word and PDF Prepared by: Brianna Arscott Grant Download Link for Chrome (open in new tab): https://www.nyumootcourt.org/wp-content/uploads/2021/11/Vol-45-MusiCal-v-Ray-Z-3895.zip