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.[…]
46-12 Zuniga v. God’s Grace85 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[…]
46-07 Young v. US96 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[…]
United States of America v. Laura Kinney136 DownloadsYear: 2016 (Vol. 40) Topics: Evidence, Constitutional Law Question(s) presented: (1) Whether the Thirteenth Circuit properly found that the District Court was correct in finding the rap lyrics were admissible under Fed. R. Evid. 404(b) but that the District Court erred in denying the motion in limine under Fed. R. Read more about United States of America v. Laura Kinney[…]
Cooper v. Hawkins University126 DownloadsYear: 2015 (Vol. 39) Topics: Civil Rights; Title VI; Vicarious Liability Question presented: Whether a university can be held vicariously liable under Title VI of the Civil Rights Act for peer harassment that amounts to discrimination on the basis of national origin. Format: Word and PDF Prepared by: Alison Epstein
Paul v. United States59 DownloadsYear: 2015 (Vol. 39) Topics: First Amendment; Religious Entanglement; Tax Law Question presented: Whether the parsonage exemption of IRC § 107(2), which allows a “minister of the gospel” to exclude from gross income the rental allowance paid to him as part of his compensation, violates the Establishment Clause of the First Amendment. Format: Read more about Paul v. United States[…]
Irving v. M&M Enterprises34 DownloadsYear: 2014 (Vol. 38) Topic: Civil Rights. Question: Whether, under the Equal Pay Act of 1963, the fourth affirmative defense of “any factor other than sex” requires a defendant to produce an acceptable business reason to justify use of an otherwise gender-neutral factor. Format: Word.
Cook Cnty. Joint Unified Sch. Dist. v. Richard J.35 DownloadsYear: 2008 (Vol. 32). Topic: Civil Rights. Question: Whether general compensatory damages for violations of the Individuals with Disabilities Act, 20 U.S.C. §§ 1400-1482 may be pursued through a cause of action under 42 U.S.C. § 1983. Format: Word.
Waddams v. Initech Corp.21 DownloadsYear: 2007 (Vol. 31). Topic: Civil Rights. Question: Whether interacting with others constitutes a major life activity under the Americans with Disabilities Act of 1990. Format: Word.
Irving v. M & M Enters.34 DownloadsYear: 2007 (Vol. 31). Topic: Civil Rights. Question: Whether, under the Equal Pay Act of 1963, the fourth affirmative defense of “any factor other than sex” requires a defendant to produce an acceptable business reason to justify use of an otherwise gender-neutral factor. Format: Word.
Iguarán v. Moneybags State Bank26 DownloadsYear: 2007 (Vol. 31). Topic: Civil Rights. Question: Whether a Title VII plaintiff, who prevailed on discrimination claims before a state administrative agency and in appeals of the agency decision to state court, can then file suit in federal court for relief that was unavailable in state proceedings. Format: Word.