13 – Living Large Records, Inc. v. Grant Davies52 DownloadsYear: 2020 (Vol. 44) Topic: Trademark Law Question presented: Whether a likelihood of confusion test must be conducted in a nominative fair use analysis, and if so, whether a finding of likelihood of confusion destroys a nominative fair use defense. Format: Word and PDF Prepared by: David Read more about 13 – Living Large Records, Inc. v. Grant Davies[…]
14 – Dentop Studios v. The Pilton Company134 DownloadsYear: 2020 (Vol. 44) Topic: Trademark Law Questions presented: (1) Whether trademark protection can subsist in visual characters in the public domain. (2) If so, whether that protection extend to reproductions of the work featuring the public domain visual character. Format: Word and PDF Prepared by: Michael Jay-Hyung Read more about 14 – Dentop Studios v. The Pilton Company[…]
02 – City of Frazier v. Siena Connell265 DownloadsYear: 2020 (Vol. 44) Note: This problem was created for the 2020 Fall Preliminary Round of the intramural Orison S. Marden Competition. Over one hundred NYU Law students briefed and argued this problem before practitioners in hopes of advancing to the Spring Semifinal Round. Topics: Constitutional Law / Read more about 02 – City of Frazier v. Siena Connell[…]
01 – Shri Pasha v. Joe Caputo and Litchfield Penitentiary385 DownloadsYear: 2020 (Vol. 44) Note: This problem was created for the Spring 2020 Semifinal and Final Round of the intramural Orison S. Marden Competition, which was to be hosted by the NYU School of Law in March 2020. Competitors submitted briefs and were set to compete Read more about 01 – Shri Pasha v. Joe Caputo and Litchfield Penitentiary[…]
00 – Opening Pages of Volume 44181 DownloadsThis PDF contains the opening to Volume 44 of the Casebook. These introductory pages include a dedication, a foreword from the Executive Editor of Casebook, a guide to using our Casebook, a table of contents and a list of the legal questions addressed. Our Casebook remains one of Read more about 00 – Opening Pages of Volume 44[…]
Alexander Cortez v. Rockets ‘R’ Us174 DownloadsYear: 2019 (Vol. 43) Topics: Employment Discrimination Question(s) presented: Whether a plaintiff can make out a prima facie case of employment discrimination under Title VII through disparate treatment without naming a comparator. Format: Word and PDF Prepared by: Dylan Marker
Mervin Mistletoe v. United States155 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Law Question(s) presented: (1) Whether to be a fugitive from justice, under 18 U.S.C. § 922(g)(2), a defendant has to have intent to avoid prosecution (or at least knowledge they were a “fugitive”), or merely know that charges were pending against them. (2) Whether Read more about Mervin Mistletoe v. United States[…]
City of New Amsterdam v. Tonya Bennett78 DownloadsYear: 2019 (Vol. 43) Topics: Property Law Question(s) presented: Whether a rent control ordinance that requires a hearing officer to consider, among other factors, the “hardship to a tenant” when determining whether to approve a rent increase proposed by a landlord violates the Takings Clause of the Fifth Read more about City of New Amsterdam v. Tonya Bennett[…]
Andrew Marks v. United States155 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Procedure Question(s) presented: Whether a criminal defendant’s Sixth Amendment rights to confrontation and compulsory process or Fourteenth Amendment right to due process can overcome a witness’ federal psychotherapist-patient privilege. Format: Word and PDF Prepared by: Marlena Santos
Mr. James Daless v. NLRB13 DownloadsYear: 2019 (Vol. 43) Topics: Labor Law Question(s) presented: Whether suspending the use of an employer-owned online, internal message board constitutes unlawful interference or restraint of concerted activity in violation of section 8(a)(1) of the National Labor Relations Act. Format: Word and PDF Prepared by: Joseph Scopelitis Preemption Notice! On Read more about Mr. James Daless v. NLRB[…]
New Hanover Educ. Dept. et al. v. Javier Escuella62 DownloadsYear: 2019 (Vol. 43) Topics: Constitutional and Immigration Law Question(s) presented: Whether a state statute that discriminates against nonimmigrants lawfully admitted to the United States with temporary work authorization is subject to strict constitutional scrutiny under the Equal Protection Clause of the Constitution. Format: Word and Read more about New Hanover Educ. Dept. et al. v. Javier Escuella[…]
Richard Chase v. Plainsboro University120 DownloadsYear: 2019 (Vol. 43) Topics: Employment Discrimination Question(s) presented: (1) Whether Title VII displaces Title IX with respect to sex discrimination claims in the employment context against educational institutions that receive federal funding. (2) Whether but-for or motivating factor causation is the appropriate standard of causation for Title IX retaliation Read more about Richard Chase v. Plainsboro University[…]
Dale Root v. Tim Holpart147 DownloadsYear: 2019 (Vol. 43) Topics: Constitutional and Defamation Question(s) presented: Whether a permanent injunction enjoining a defendant from speaking or writing specific statements found to be libelous or defamatory is a constitutionally permissible remedy. Format: Word and PDF Prepared by: Michael Scott Moulin
Vandelay Oil Corp. v. Comm’r of Internal Revenue29 DownloadsYear: 2019 (Vol. 43) Topics: Tax Question(s) presented: Whether the independent investor test should create a presumption in favor of the taxpayer when determining if employee compensation is “reasonable” for a tax deduction claimed by a business under I.R.C. § 162(a)(1). Format: Word and PDF Prepared by: Read more about Vandelay Oil Corp. v. Comm’r of Internal Revenue[…]
U.S. ex rel. Jennings v. Medical Services Corp46 DownloadsYear: 2019 (Vol. 43) Topics: Civil Procedure Question(s) presented: Whether a relator must provide details of specific examples of an actual false claim to satisfy the pleading requirements of Federal Rule of Civil Procedure 9(b). Format: Word and PDF Prepared by: Zoe Lo