Year: 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 by: Sarah MacDougal and Sydney Egnasko
Used In: Judith S. Kaye Writing Competition, Third Place
Preemption notice! While this Problem is not formally preempted, standing doctrine has shifted significantly since it was written, particularly toward recognizing fewer cognizable injuries. Because of this, the first Question Presented has tilted more in favor of EEC (appellee) since the problem was written. See Reddy v. Foster, 845 F.3d 493 (1st Cir. 2017), Mass. v. U.S. Dep’t of Health & Hum. Servs., 923 F.3d 209 (1st Cir. 2019), TransUnion v. Ramirez, 141 S. Ct. 2190 (2021).