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 States42 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.
Silver v. Bloomberg89 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; First Amendment. Question: Whether a state police officer faces liability under 42 U.S.C. § 1983 for a violation of the First Amendment for ordering a citizen to stop filming a police encounter. Format: PDF.