46-06 Shelm v. Karr52 DownloadsYear: 2022 (Vol. 46) Topic(s): Constitutional Law, Rational Basis Review, Strict Scrutiny Question(s) presented: Whether, under rational basis review, courts must evaluate statutes based on their rationality at the time of passage, or upon their rationality at the time of the constitutional challenge. Format: Word and PDF Prepared by: Gabriel Gross
46-03 US v. Smith56 DownloadsYear: 2022 (Vol. 46) Topic(s): Administrative Law, Administrative Procedures Act, Constitutional Law, Sentencing Guidelines, Criminal Law Question(s) presented: (1) Whether courts must make a threshold determination of genuine ambiguity before deferring to the Sentencing Guidelines commentary. (2) Whether the U.S. Sentencing Commission’s commentary to Section 4B1.2 of the U.S. Sentencing Guidelines Read more about 46-03 US v. Smith[…]
46-12 Zuniga v. God’s Grace87 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Rights, Employment Law, First Amendment Question(s) presented: Constitutional Law, Civil Rights, Employment Law, First Amendment (1) Whether the ministerial exception creates a categorical bar to Title VII hostile work environment claims brought against a religious organization by a ministerial employee. (2) If the ministerial Read more about 46-12 Zuniga v. God’s Grace[…]
46-05 Nixon v. Garciaparra62 DownloadsYear: 2022 (Vol. 46) Topic(s): Evidence Question presented: Whether a court may look at evidence that was available but not presented at trial when analyzing new evidence supporting an actual innocence claim. Format: Word and PDF Prepared by: Jack Gilligan
46-09 Porter v. Headstory34 DownloadsYear: 2022 (Vol. 46) Topic(s): Intellectual Property Question presented: Whether section 230 of the Communications Decency Act, which bars claims against internet service providers, includes state intellectual property claims. Format: Word and PDF Prepared by: Harrison Putney
46-07 Young v. US105 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Rights, Prison Litigation Question(s) presented: (1) Whether the prison mailbox rule applies to claims brought under the Federal Tort Claims Act (the “FTCA”). (2) Whether a filing by a represented incarcerated litigant is governed by the prison mailbox rule. Format: Word and PDF Prepared by: Read more about 46-07 Young v. US[…]
13 – United States v. Jesse Greenman58 DownloadsYear: 2021 (Vol. 45) Topics: Evidence Question(s) presented: Whether crimes, wrongs, or other acts offered to prove a defendant’s mental state can be admitted under Federal Rule of Evidence 404(b)(2) when the defendant does not actively dispute mental state. Format: Word and PDF Prepared by: Sarah Winslow Download Read more about 13 – United States v. Jesse Greenman[…]
05 – Eagle State Ass’n of Med Drs. & Abortion Providers v. Victor Lang43 DownloadsYear: 2021 (Vol. 45) Topics: Constitutional Law Question(s) presented: (1) Whether speech-and-display ultrasound laws are content-based speech subject to strict scrutiny under the First Amendment. (2) If speech-and-display ultrasound laws are not subject to strict scrutiny, what level of scrutiny applies Read more about 05 – Eagle State Ass’n of Med Drs. & Abortion Providers v. Victor Lang[…]
11 – MusiCal v. Ray-Z24 DownloadsYear: 2021 (Vol. 45) Topics: Copyright Question(s) presented: Whether courts should apply a bright-line or de minimis approach to determine copyright infringement. Format: Word and PDF Prepared by: Brianna Arscott Grant Download Link for Chrome (open in new tab): https://www.nyumootcourt.org/wp-content/uploads/2021/11/Vol-45-MusiCal-v-Ray-Z-3895.zip
14 – Jorge Reyes Garza v. United States26 DownloadsYear: 2021 (Vol. 45) Topics: Evidence / Criminal Procedure Question(s) presented: Whether fingerprints procured in violation of the Criminal Fourth Amendment may be suppressed in an illegal reentry prosecution under 8 U.S.C. § 1326. Format: Word and PDF Prepared by: Muriel Carpenter Download Link for Chrome (open Read more about 14 – Jorge Reyes Garza v. United States[…]
01 – Steve Taylor v. Darrell Rogers85 DownloadsYear: 2021 (Vol. 45) Topic: Constitutional Law Questions Presented: (1) Whether the objective test proffered in Kingsley v. Hendrickson to determine liability for excessive force claims, brought by detainees under the Due Process clause of the Fourteenth Amendment, extends to conditions of confinement claims. (2) Whether pretrial detainees have a “clearly Read more about 01 – Steve Taylor v. Darrell Rogers[…]
03 – Casey Lancaster v. Sparta Department of Corrections60 DownloadsYear: 2021 (Vol. 45) Topics: Constitutional Law Question(s) presented: Whether failure to provide gender confirmation surgery to an incarcerated individual with diagnosed gender dysphoria violates the Eighth Amendment. Format: Word and PDF Prepared by: Elaina Marx Download Link for Chrome (open in new tab): https://www.nyumootcourt.org/wp-content/uploads/2021/11/Vol-45-Casey-Lancaster-v-Sparta-Dept-of-Corrections-0938.zip
06 – Houma Parish Bd. of Educ. v. Comm. for Freedom of Worship72 DownloadsYear: 2021 (Vol. 45) Topics: Constitutional Law Question(s) presented: (1) Whether invocations at school board meetings are constitutional under the Establishment Clause. (2) Whether, if an invocation may be given at a school board meeting, such prayer can be said by a Read more about 06 – Houma Parish Bd. of Educ. v. Comm. for Freedom of Worship[…]
02 – Dougie McFay v. United States43 DownloadsYear: 2021 (Vol. 45) Topics: Criminal Procedure Question(s) presented: Whether attempted Hobbs Act robbery is considered a “crime of violence” under 18 U.S.C. § 924(c)(1)(A). Format: Word and PDF Prepared by: Chris Gallucci Download Link for Chrome (open in new tab): https://www.nyumootcourt.org/wp-content/uploads/2021/11/Vol-45-Dougie-McFay-v-United-States-8942.zip Preemption Notice! The Supreme Court has Read more about 02 – Dougie McFay v. United States[…]
09 – Aviax Corp. v. North Pacific Fishing Supply22 DownloadsYear: 2021 (Vol. 45) Topics: Civil Procedure Question(s) presented: Whether a court can certify a punitive damages class under Rule 23(b)(1)(B) of the Federal Rules of Civil Procedure. Format: Word and PDF Prepared by: Libby Rozbruch Download Link for Chrome (open in new tab): https://www.nyumootcourt.org/wp-content/uploads/2021/11/Vol-45-Aviax-Corp-v-North-Pacific-Fishing-Supply-7890.zip