47-02 Lily v. Currie61 DownloadsYear: 2023 (Vol. 47) Topic(s): Immigration Law Questions presented: (1) Whether misprision of a felony is a crime involving moral turpitude. (2) Whether a petitioner who was improperly denied counsel in immigration proceedings, in violation of 8 U.S.C. § 1362, must demonstrate that the denial resulted in prejudice in order to Read more about 47-02 Lily v. Currie[…]
47-00 Opening Pages of Volume 4746 DownloadsThis PDF contains the opening to Volume 47 of the NYU Moot Court Board Casebook. These introductory pages include a dedication, a foreword from Mathew Swan, the Executive Editor of this volume of the Casebook, a guide to using our Casebook, and a list of the legal questions addressed. Read more about 47-00 Opening Pages of Volume 47[…]
47-09 Williams v. United States97 DownloadsYear: 2023 (Vol. 47) Topic(s): Constitutional Law, Evidence Question presented: Whether journalists have a First Amendment privilege when testifying to not reveal the identity of sources in a federal criminal trial. Format: Word and PDF Prepared by: Rebekah Kim
47-03 Booth v. Holt58 DownloadsYear: 2023 (Vol. 47) Topic(s): Employment Law Questions presented: (1) Whether supervisors at public agencies are individually liable for violations of the Family Medical Leave Act under 29 U.S.C. § 2611(4)(A)(ii)(I). (2) Whether a claim of retaliation under the Family Medical Leave Act requires a plaintiff to prove their protected conduct Read more about 47-03 Booth v. Holt[…]
47-08 Shetland v. Butler16 DownloadsYear: 2023 (Vol. 47) Topic(s): Administrative Law Questions presented: (1) Whether Chevron deference can be given by a court even if the agency does not invoke the doctrine. (2) Whether Chevron deference can be applied in interpreting a statute that implicates criminal penalties. Format: Word and PDF Prepared by: Jay Kim
47-01 Walsh v. Church of YouthExistence81 DownloadsYear: 2023 (Vol. 47) Topic(s): Employment Law Questions presented: (1) Whether Respondent was properly named as Jane Doe’s employer under the Fair Labor Standards Act. (2) Whether the ministerial exception should and can be extended to the FLSA and Respondent. Format: Word and PDF Prepared by: Rosamond Kopczynski & Read more about 47-01 Walsh v. Church of YouthExistence[…]
46-11 Distant Horizon v. Hullwurd44 DownloadsYear: 2022 (Vol. 46) Topic(s): Constitutional Law Question(s) presented: (1) Whether strict scrutiny applies to bans on sexual orientation change efforts (“SOCE”) and gender identity change efforts (“GICE”) under the First Amendment. (2) Whether SOCE and GICE bans withstand the respective level of First Amendment judicial scrutiny. Format: Word and Read more about 46-11 Distant Horizon v. Hullwurd[…]
46-01 Wolfgang v. Brunhilde142 DownloadsYear: 2022 (Vol. 46) Topic(s): Constitutional Law Questions presented: (1) Whether a public university professor’s choice of pronouns in the classroom is protected speech. (2) Whether paid administrative leave is an adverse employment action for the purposes of a First Amendment retaliation claim. Format: Word and PDF Prepared by: Freddy Levenson
46-08 Cole v. US27 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Procedure Question presented: Whether a rational relation test is the correct standard of review for dismissing a qui tam action under 31 U.S.C.§ 3730(c)(2)(A). Format: Word and PDF Prepared by: Ayo Osobamiro
46-04 US v. Lewis74 DownloadsYear: 2022 (Vol. 46) Topic(s): Criminal Law Question presented: Whether lying to a judicial officer about financial assets in order to appear indigent and obtain free counsel qualifies as “obstruction” under U.S. Sentencing Guidelines Manual Section 3C1.1 (U.S. Sent’g Comm’n 2021). Format: Word and PDF Prepared by: Brendan Ferguson
46-14 Lime v. Tracy21 DownloadsYear: 2022 (Vol. 46) Topic(s): Immigration Law Question presented: Whether a noncitizen applying for withholding of removal must prove that their protected characteristic is “one central reason” for the persecution. Format: Word and PDF Prepared by: Nathaniel Brodsky & Xinge Hong
46-13 Maximus Pharmaceuticals v. Octopus Bio26 DownloadsYear: 2022 (Vol. 46) Topic(s): Patent Law Question presented: Whether a “method of treatment” is patentable subject matter pursuant to 35 U.S.C. § 101. Format: Word and PDF Prepared by: Carolina Yu
46-02 Lu v. Scarikor Inc.62 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Rights, Employment Law Question(s) presented: (1) Whether, to determine if an individual is an employee under Title VII, courts should immediately apply all common law agency factors or first apply a threshold-remuneration test. (2) Whether, under the properly applied test, Appellant is an employee Read more about 46-02 Lu v. Scarikor Inc.[…]
46-10 Wilson v. Luffta28 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Procedure, Complex Litigation, Class Actions, Rule 23 Questions presented: (1) Whether an administratively feasible mechanism for identifying class members must be shown to satisfy the implied ascertainability requirement of Federal Rule of Civil Procedure 23(b)(3). (2) Whether the use of self-identifying affidavits to identify class Read more about 46-10 Wilson v. Luffta[…]
46-00 Opening Pages of Volume 4661 DownloadsThis PDF contains the opening to Volume 46 of the NYU Moot Court Board Casebook. These introductory pages include a dedication, a foreword from Mariam Ehrari, the Executive Editor of this volume of the Casebook, a guide to using our Casebook, and a list of the legal questions addressed. Read more about 46-00 Opening Pages of Volume 46[…]