This category contains all non-preempted problems that are not included in the latest volume of the Casebook.
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. Holder81 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[…]
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.