This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
Widget Workers v. Manufacturers Inc.17 DownloadsYear: 2013 (Vol. 37). Topic: Bankruptcy. Question: Whether a corporation in Chapter 11 bankruptcy must prove that it cannot reorganize without rejection of its labor agreements in order to succeed in rejecting its Collective Bargaining Agreements with its unions pursuant to 11 U.S.C. § 1113(b). Format: PDF.
Dimas v. Benson90 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; Eighth Amendment. Question: Whether, for purposes of establishing a § 1983 civil rights claim, an inmate at a correctional facility can legally consent to sexual conduct with a guard, or if such conduct is per se nonconsensual. Format: PDF.
Rugen v. Lorin State Police Dep’t25 DownloadsYear: 2013 (Vol. 37). Topic: Eleventh Amendment; Sovereign Immunity. Question: Whether a state’s removal of a case to federal court, pursuant to 28 U.S.C. § 1441(a), is sufficient to waive its Eleventh Amendment sovereign immunity from both state and federal claims. Format: PDF.
Miller v. United States26 DownloadsYear: 2013 (Vol. 37). Topic: Competency. Question: Whether one party bears the burden of proof to establish competency at a competency hearing under 18 U.S.C. § 4241. Format: PDF.
Giggs v. Hernandez41 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; Fourth Amendment. Question: Whether a Fourth Amendment claim under 42 U.S.C. § 1983 requires that a plaintiff prove the elements of a malicious prosecution claim in addition to the unreasonable seizure. Format: PDF.
Waddams v. Initech Indus.33 DownloadsYear: 2007 (Vol. 31). Topic: Title VII. Question: Whether a plaintiff in a Title VII discrimination suit is entitled to a prima facie presumption of discrimination regardless of the size or proportion of the racial group of which he is a member. Format: PDF.
Jones v. United States32 DownloadsYear: 2010 (Vol. 34). Topic: Evidence. Question: Whether the exclusion of expert testimony on eyewitness identifications under Rule 702 and Rule 403 of the Federal Rules of Evidence constitutes an abuse of discretion when a majority of the evidence against a criminal defendant is eyewitness testimony. Format: PDF.
United States v. Tilden41 DownloadsYear: 2014 (Vol. 38). Topic: Criminal Procedure Question: Whether, under Brady v. Maryland, 373 U.S. 83 (1963), a defendant is entitled to exculpatory evidence during negotiations over a plea bargain. Format: PDF.
Archer v. Spanish Joint Foods, Inc.89 DownloadsYear: 2012 (Vol. 36). Topic: Americans with Disabilities Act Question: Whether or not the Americans with Disabilities Act mandates that an employer, as a reasonable accommodation, reassign a disabled and qualified employee to a vacant position for which there are other more qualified applicants. Format: PDF.
Ottery St. Catchpole Dep’t of Children & Family Servs. v. Malfoy44 DownloadsYear: 2013 (Vol. 37). Topic: Constitutional Law; Fourth Amendment. Question: Whether the “special needs” exception to the warrant requirement applies to searches and seizures in a child abuse investigation. Format: PDF.
United States v. Roy20 DownloadsYear: 2010 (Vol. 35). Topic: Criminal Procedure; Sentencing; Immigration Law. Question: Whether a federal judge may, when sentencing individuals convicted of illegal re-entry into the United States, depart downward from the Sentencing Guidelines based on the existence of fast-track programs in other districts. Format: PDF.
United States v. Levy29 DownloadsYear: 2012 (Vol. 36). Topic: Criminal Procedure. Question: (1) Whether the safe harbor provision of 18 U.S.C. § 1957 is an affirmative defense or an element of the statutory definition of “monetary transaction.” (2) Whether the safe harbor provision of 18 U.S.C. § 1957 is an affirmative defense or an element of the statutory definition Read more about United States v. Levy[…]
Gilmore v. United States66 DownloadsYear: 2010 (Vol. 34). Topic: Constitutional Law; First Amendment; Fifth Amendment. Question: (1) Whether the First Amendment requires an affirmative defense of reasonable mistake of age to a charge under 18 U.S.C. § 2251(a) for production of child pornography. (2) Whether a condition of supervised release banning “any form of pornographic material” is unconstitutional, for Read more about Gilmore v. United States[…]
Price v. United States79 DownloadsYear: 2012 (Vol. 36). Topic: Constitutional Law; Criminal Law; Fifth Amendment. Question: Whether attempting to persuade another person to withhold testimony from an official proceeding by exercising his or her Fifth Amendment right can violate 18 U.S.C. § 1512(b), even if such persuasion is not coercive or otherwise done by wrongful means. Format: Word.
State v. Fogg36 DownloadsYear: 2011 (Vol. 35). Topic: Constitutional Law; Criminal Law; First Amendment; Fourteenth Amendment. Question: Whether a statute that bans the promotion and wholesale promotion of obscene devices is constitutionally valid under the First and Fourteenth Amendments. Format: PDF.