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. Brunhilde141 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
46-06 Shelm v. Karr51 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. Smith55 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 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[…]
05 – Eagle State Ass’n of Med Drs. & Abortion Providers v. Victor Lang41 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[…]
01 – Steve Taylor v. Darrell Rogers81 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 Corrections54 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 Worship67 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[…]
04 – City of St. Claude v. United States55 DownloadsYear: 2021 (Vol. 45) Topics: Constitutional Law Question(s) presented: Whether Congress can constitutionally compel a locality to cooperate with federal immigration policies by either (1) statutorily prohibiting it from blocking the exchange of immigration-related information with federal authorities, or (2) conditioning federal funds on compliance with Read more about 04 – City of St. Claude v. United States[…]
07 – X Æ A-Xi Musk v. United States14 DownloadsYear: 2021 (Vol. 45) Topics: Constitutional Law / Tax Question(s) presented: Whether a tax on held cash, bank deposits, shares of companies, and real property is constitutional when not apportioned among the states. Format: Word and PDF Prepared by: Connor MacLean Download Link for Chrome (open Read more about 07 – X Æ A-Xi Musk v. United States[…]
City of New Amsterdam v. Tonya Bennett72 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[…]
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[…]
Dale Root v. Tim Holpart143 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
Victor Valiente v. United States171 DownloadsYear: 2018 (Vol. 42) Topics: Constitutional Law, Second Amendment Question(s) presented: (1) Whether the term “the people” in the Second Amendment applies to undocumented immigrants. (2) What standard of scrutiny should apply to Second Amendment claims raised by undocumented immigrants challenging the constitutionality of 18 U.S.C. § 922(g)(5). Format: Word and PDF Prepared by: Read more about Victor Valiente v. United States[…]