This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
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 States150 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. 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. 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 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 University127 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
Paul v. United States59 DownloadsYear: 2015 (Vol. 39) Topics: First Amendment; Religious Entanglement; Tax Law Question presented: Whether the parsonage exemption of IRC § 107(2), which allows a “minister of the gospel” to exclude from gross income the rental allowance paid to him as part of his compensation, violates the Establishment Clause of the First Amendment. Format: Read more about Paul v. United States[…]
Smith v. United States142 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; Fourth Amendment Questions presented: Does a non-trespassory collection of information related to an individual’s position qualify as a “search” under the Fourth Amendment? If such activities do qualify as a “search,” does the warrantless collection of such information require that the evidence collected be repressed? Read more about Smith v. United States[…]
Harris v. Goliath Ntl Bank34 DownloadsYear: 2015 (Vol. 39) Topics: Bankruptcy Question(s) presented: Whether Fair Debt Collection Practices Act consumer protection provisions may apply to a proof of claim in bankruptcy proceeding, or whether the Bankruptcy Code precludes such protections from taking effect. Format: Word and PDF Prepared by: Michael Brand
Microsponge v. United States109 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; International Law Question presented: Whether 18 U.S.C. § 2703(a) permits a United States District Court to issue a search warrant for electronic files stored by American Internet service providers on servers located in a foreign country. Format: Word and PDF Prepared by: Michael Lombardi Preemption Notice! In March Read more about Microsponge v. United States[…]
Hernon v. Holder78 DownloadsYear: 2015 (Vol. 39) Topics: Immigration Law; Preemption Questions Presented: Whether the City of North Shore Safe Renter’s Ordinance mandating the verification of immigration status is preempted by federal law. Whether 8 U.S.C. § 1429, a statutory provision barring the Attorney General from considering naturalization applications once removal proceedings have begun, also bars federal district Read more about Hernon v. Holder[…]
Fallsbauer v. United States180 DownloadsYear: 2015 (Vol. 39) Topics: Fourth Amendment; Criminal Law Questions Presented: 1. Whether ambiguity with respect to a person’s apparent authority to consent to a search of an item or area makes such a search unreasonable under the Fourth Amendment. 2. Whether there sufficient evidence in this case for a finding of Read more about Fallsbauer v. United States[…]
Irving v. M&M Enterprises34 DownloadsYear: 2014 (Vol. 38) 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.
Wacco Tobacco Co. v. Ohiowa Tobacco Enforcement Unit51 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; First Amendment. Question: Whether a state regulation that requires a graphic warning on tobacco containers receives strict scrutiny, intermediate scrutiny, or rational basis review. Format: PDF.
Assante v. United States132 DownloadsYear: 2014 (Vol. 38) Topic: Fourth Amendment. Question: (1) What is the proper definition of “exceeds authorized access” in the Computer Fraud Abuse Act (18 U.S.C. § 1030). (2) Whether comprehensive searches of personal computers at the national border require reasonable suspicion. Format: PDF. Preemption Notice! Q1 is preempted by Van Buren v. United States, Read more about Assante v. United States[…]