This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
City of New Amsterdam v. Tonya Bennett72 DownloadsYear: 2019 (Vol. 43) Topics: Property Law Question(s) presented: Whether a rent control ordinance that requires a hearing officer to consider, among other factors, the “hardship to a tenant” when determining whether to approve a rent increase proposed by a landlord violates the Takings Clause of the Fifth Read more about City of New Amsterdam v. Tonya Bennett[…]
Mr. James Daless v. NLRB13 DownloadsYear: 2019 (Vol. 43) Topics: Labor Law Question(s) presented: Whether suspending the use of an employer-owned online, internal message board constitutes unlawful interference or restraint of concerted activity in violation of section 8(a)(1) of the National Labor Relations Act. Format: Word and PDF Prepared by: Joseph Scopelitis Preemption Notice! On Read more about Mr. James Daless v. NLRB[…]
Richard Chase v. Plainsboro University120 DownloadsYear: 2019 (Vol. 43) Topics: Employment Discrimination Question(s) presented: (1) Whether Title VII displaces Title IX with respect to sex discrimination claims in the employment context against educational institutions that receive federal funding. (2) Whether but-for or motivating factor causation is the appropriate standard of causation for Title IX retaliation Read more about Richard Chase v. Plainsboro University[…]
New Hanover Educ. Dept. et al. v. Javier Escuella62 DownloadsYear: 2019 (Vol. 43) Topics: Constitutional and Immigration Law Question(s) presented: Whether a state statute that discriminates against nonimmigrants lawfully admitted to the United States with temporary work authorization is subject to strict constitutional scrutiny under the Equal Protection Clause of the Constitution. Format: Word and Read more about New Hanover Educ. Dept. et al. v. Javier Escuella[…]
Vandelay Oil Corp. v. Comm’r of Internal Revenue29 DownloadsYear: 2019 (Vol. 43) Topics: Tax Question(s) presented: Whether the independent investor test should create a presumption in favor of the taxpayer when determining if employee compensation is “reasonable” for a tax deduction claimed by a business under I.R.C. § 162(a)(1). Format: Word and PDF Prepared by: Read more about Vandelay Oil Corp. v. Comm’r of Internal Revenue[…]
Dale Root v. Tim Holpart144 DownloadsYear: 2019 (Vol. 43) Topics: Constitutional and Defamation Question(s) presented: Whether a permanent injunction enjoining a defendant from speaking or writing specific statements found to be libelous or defamatory is a constitutionally permissible remedy. Format: Word and PDF Prepared by: Michael Scott Moulin
U.S. ex rel. Jennings v. Medical Services Corp44 DownloadsYear: 2019 (Vol. 43) Topics: Civil Procedure Question(s) presented: Whether a relator must provide details of specific examples of an actual false claim to satisfy the pleading requirements of Federal Rule of Civil Procedure 9(b). Format: Word and PDF Prepared by: Zoe Lo
Lucy S. Diamond v. United States56 DownloadsYear: 2019 (Vol. 43) Topics: Immigration Law Question(s) presented: (1) Whether a state conviction for endangerment of a child constitutes a crime in- volving moral turpitude using the categorical approach. (2) Whether a non-citizen’s due process rights are violated during an immigration proceeding in which the immigration judge fails Read more about Lucy S. Diamond v. United States[…]
Marsbar Jellybean v. United States61 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Law Question(s) presented: Whether a sentencing judge, in a post-revocation sentencing hearing, may consider rehabilitation as a secondary consideration. Format: Word and PDF Prepared by: Charlotte Allyn
John J. Schmidt v. United States220 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Procedure Question(s) presented: Does testing a key on an apartment door to ascertain a person’s residence constitute a Fourth Amendment search requiring probable cause and a warrant? Format: Word and PDF Prepared by: Eric Brannock
Brittney Cooper v. United States274 DownloadsYear: 2018 (Vol. 42) Topics: Health Law Question(s) presented: (1) Whether an individual has a reasonable expectation of privacy in prescription drug records held in a state database of controlled substance prescriptions under the Fourth Amendment. (2) Whether the administrative search and special needs exceptions to the Fourth Amendment probable cause and Read more about Brittney Cooper v. United States[…]
Michael J. McFly v. United States24 DownloadsYear: 2018 (Vol. 42) Topics: Bankruptcy Law Question(s) presented: Whether the abrogation of sovereign immunity under § 106(a)(1) of the Bankruptcy Code, with respect to § 544(b)(1) extends to the derivative applicable law. Format: Word and PDF Prepared by: Michael H. Youn
Tim Sharpe v. United States83 DownloadsYear: 2018 (Vol. 42) Topics: Evidence Question(s) presented: Whether evidence of or about a prior conviction pursuant to a plea of nolo contenderecan be admitted in a criminal case as prior acts evidence under Rule 404(b) of the Federal Rules of Evidence. Format: Word and PDF Prepared by: Christopher Bhutani
Central City, Amitrius v. City Health Services59 DownloadsYear: 2018 (Vol. 42) Topics: Civil Procedure Question(s) presented: Whether an organization may establish the injury-in-fact requirement sufficient for Article III organizational standing by alleging either frustration of purpose or significant devotion of resources, or whether both are necessary; and whether expenditures in preparation for litigation are included in Read more about Central City, Amitrius v. City Health Services[…]
Millicent Pepper v. Jefferson B. Sessions, III50 DownloadsYear: 2018 (Vol. 42) Topics: Immigration Law Question(s) presented: (1) Whether a federal appellate court has jurisdiction over a petition for review of an administrative final order of removal when the basis for removal is an alien’s conviction of an aggravated felony and the alien did not raise a Read more about Millicent Pepper v. Jefferson B. Sessions, III[…]