This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
Willy Sweetam v. United States57 DownloadsYear: 2017 (Vol. 41) Topics: Fifth Amendment Question presented: Whether a sixth-month and one day prison sentence for committing a strict liability offense under the Food, Drug, and Cosmetic Act as a responsible corporate officer violates the Fifth Amendment Due Process Clause. Format: Word and PDF Prepared by: Sean Sigillito Read more about Willy Sweetam v. United States[…]
Banded Rock Indian Tribe of West Dakota v. National Labor Relations Board81 Downloads Year: 2017 (Vol. 41) Topics: Administrative Law; American Indian Law Question(s) presented: Whether the National Labor Relations Board has jurisdiction over sovereign Indian tribal governments under the National Labor Relations Act, and if so, whether the Act preempts conflicting tribal legislation. Format: Read more about Banded Rock Indian Tribe of West Dakota v. National Labor Relations Board[…]
Virtual Arts, Inc. v. George O’Leaffe70 DownloadsYear: 2017 (Vol. 41) Topics: Intellectual Property and Information Law Question presented: Whether courts should apply the “transformative use” test or the Rogers test when deciding if the realistic portrayal of a person in an expressive work violates a celebrity’s right of publicity. Format: Word and PDF Prepared by: Read more about Virtual Arts, Inc. v. George O’Leaffe[…]
State of Moot v. Xander Crews74 DownloadsYear: 2017 (Vol. 41) Topics: Criminal Law and & Administration; Sixth Amendment Questions presented: (1) Whether non-convicted plaintiffs have standing to bring civil suit in federal court alleging deprivation of the Sixth Amendment right to counsel while they are still undergoing criminal adjudications in which they are defendants; (2) Read more about State of Moot v. Xander Crews[…]
Walter White v. Department of Homeland Security73 DownloadsYear: 2017 (Vol. 41) Topics: Immigration Law; Administrative Law Questions presented: (1) Whether a conviction pending direct appeal is a “conviction” for immigration purposes pursuant to 8 U.S.C. § 1101(a)(48)(A). (2) Whether a conviction under the Dorado look-alike substance statute is categorically not a deportable offense pursuant to Read more about Walter White v. Department of Homeland Security[…]
City of Perpetual Silence v. Colonel Loud and Jack Ripoff152 DownloadsYear: 2016 (Vol. 40) Topics: First Amendment Question(s) presented: Whether government ordinances that restrict the ability of those who seek to make a living from their speech are in violation of the First Amendment. Format: Word and PDF Prepared by: Ronald Stubblefield
MyDoc v. Earhartington Ethics Commission89 DownloadsYear: 2016 (Vol. 40) Topics: Constitutional Law, First Amendment Question(s) presented: (1) Whether Plaintiff–Appellant has a justiciable claim in federal court. (2) Whether Section 47 of the Earhartington Ethical Lobbying Act (“ELA”) is facially unconstitutional under the First Amendment, or whether Section 47 is unconstitutional under the First Amendment as applied to myDoc, Inc. Format: Word and PDF Prepared Read more about MyDoc v. Earhartington Ethics Commission[…]
United States of America v. Laura Kinney136 DownloadsYear: 2016 (Vol. 40) Topics: Evidence, Constitutional Law Question(s) presented: (1) Whether the Thirteenth Circuit properly found that the District Court was correct in finding the rap lyrics were admissible under Fed. R. Evid. 404(b) but that the District Court erred in denying the motion in limine under Fed. R. Read more about United States of America v. Laura Kinney[…]
Charlie Utter v. State of South Lakota256 DownloadsYear: 2016 (Vol. 40) Topics: First Amendment, Criminal Procedure Question(s) presented: (1) Whether an ordinance prohibiting verbal solicitations for immediate donations of things of value within a specific geographic area violates the First Amendment right to free speech. (2) Whether an individual has a reasonable expectation of privacy in personal Read more about Charlie Utter v. State of South Lakota[…]
Tom Haverford v. John Kerry, Secretary of State et al24 DownloadsYear: 2016 (Vol. 40) Topics: Immigration Law, Administrative Law Question(s) presented: Whether a Consular Report of Birth Abroad and U.S. passport provide conclusive proof of citizenship. Whether the Department of State has the authority to cancel a Consular Report of Birth Abroad and U.S. passport. Format: Read more about Tom Haverford v. John Kerry, Secretary of State et al[…]
Bohemia v. Nicola Magnussen and Doyle Media, Inc.244 DownloadsYear: 2016 (Vol. 40) Topics: Civil Procedure, First Amendment Question(s) presented: (1) Whether the domestic relations exception to federal jurisdiction applies in federal question cases. (2) Whether false reporting by the media of the private life of a limited purpose public figure—where the private life of the plaintiff has no connection to the purpose for which they Read more about Bohemia v. Nicola Magnussen and Doyle Media, Inc.[…]
Barbara Hanlon v. County of Vidalia and Terry LaCroix155 DownloadsYear: 2016 (Vol. 40) Topics: Second Amendment Question(s) presented: Whether the “good cause” requirement is a permissible limitation on an individual’s Second Amendment right to possess a gun in public. Format: Word and PDF Prepared by: Kristen Nicol Used in: Orison S. Marden Moot Court Competition, Fall 2016 Preemption Notice! Read more about Barbara Hanlon v. County of Vidalia and Terry LaCroix[…]
Alvarez v. Community Hospitals, Inc.124 DownloadsYear: 2016 (Vol. 40) Topics: Disability Law Question(s) presented: Whether the Rehabilitation Act of 1973 grants standing to a non-disabled person only if she is personally excluded, denied benefits, or discriminated against because of her association with a disabled person. 29 U.S.C. § 794. Format: Word and PDF Prepared by: Mohindra Rupram
Rivera Virella v. NYC Department of Education47 DownloadsYear: 2016 (Vol. 40) Topics: Education Law Question(s) presented: Whether the stay–put provision of the Individuals with Disabilities Education Act provides for the right to interim funding to extend through the duration of a federal appeal. Format: Word and PDF Prepared by: Peter L. Baltera
Pear Inc. v. Prophet Inc.36 DownloadsYear: 2016 (Vol. 40) Topics: Intellectual Property, Copyright Question(s) presented: Whether the elements of a copyrighted work should be subject to the merger doctrine when evaluating their copyrightability or whether the merger doctrine should be used as an affirmative defense to copyright infringement. Format: Word and PDF Prepared by: Ryan T. Lawson