Download Category: Archive

This category contains all non-preempted problems that are not included in the latest volume of the Casebook.

MyDoc v. Earhartington Ethics Commission

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[…]

Charlie Utter v. State of South Lakota

Charlie Utter v. State of South Lakota271 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 al

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.

Bohemia v. Nicola Magnussen and Doyle Media, Inc.295 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 LaCroix

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.

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 Education

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.

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

Donald Drumpf v. Faux News Corp

Donald Drumpf v. Faux News Corp80 DownloadsYear: 2016 (Vol. 40) Topics: Free Speech, Defamation Question(s) presented: Whether the State of Moot Anti-SLAPP Act is applicable in a federal court sitting in diversity. Format: Word and PDF Prepared by: Benjamin E. Homes    

Neff v. United States

Neff v. United States153 DownloadsYear: 2015 (Vol. 39). Topics: Evidence; Sixth Amendment Questions presented: Whether Federal Rule of Evidence 803(3) permits a declarant’s hearsay statement to be admitted to prove the future conduct of a person other than the declarant; If so, whether such a statement violates the Confrontation Clause as testimonial evidence not subject to Read more about Neff v. United States[…]

United States v. Nougaburger

United States v. Nougaburger82 DownloadsYear: 2015 (Vol. 39). Topics: Criminal Procedure; Fourth Amendment Question(s) presented: In the First Circuit, does the community caretaker exception to the Fourth Amendment justify officer’ entry and search of a private home without a warrant? Posture: Rehearing en banc before the US Court of Appeals for the First Circuit. Format: Word and Read more about United States v. Nougaburger[…]

Brooks v. Smith

Brooks v. Smith266 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; Fourth Amendment Question presented: Whether the Fourth Amendment limits a police officer’s authority to arrest for a misdemeanor crime that did not occur in the officer’s presence. Format: Word and PDF Prepared by: Brooke Jarrett  

Newman v. Feld Media

Newman v. Feld Media77 DownloadsYear: 2015 (Vol. 39) Topics: Copyright Question(s) presented: Whether, under the Copyright Act of 1976, an agreement designating a commissioned work as “work made for hire” must be executed prior to the work’s creation for the commission party to validly be the work’s author. Format: Word and PDF Prepared by: Miriam Furst Read more about Newman v. Feld Media[…]

Cooper v. Hawkins University

Cooper v. Hawkins University132 DownloadsYear: 2015 (Vol. 39) Topics: Civil Rights; Title VI; Vicarious Liability Question presented: Whether a university can be held vicariously liable under Title VI of the Civil Rights Act for peer harassment that amounts to discrimination on the basis of national origin. Format: Word and PDF Prepared by: Alison Epstein