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The Circuit Court Interim Docket
While there has been increased interest in the Supreme Court’s use of emergency applications to decide substantive legal questions on an interim basis (sometimes called, controversially, the “shadow docket,” or sometimes the “emergency docket,” though more aptly labeled the “interim docket”)…
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Judgment by the Record: How the Eleventh Circuit Is Shaping Retail Litigation and Regulation
The Eleventh Circuit’s 2025 term reinforced a disciplined, text-driven approach to statutory and contractual interpretation and a firm demand for proof: the court vacated an FCC rule that restricted consent beyond what the Telephone Consumer Protection Act (TCPA) provides. It rejected a…
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It’s Getting Too “Messi”: The Pending Litigation That Should Lead Major League Soccer to Finally Abandon Its Single Entity Structure
Despite being the most popular sport worldwide, soccer has never attained that level of popularity in the United States, lagging significantly behind sports like football, basketball, and baseball. Major League Soccer (“MLS”) was founded in 1995 in an effort to establish a viable, long-term…
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Vicarious Liability in Sexual Misconduct Cases in Minnesota
Employers are vicariously liable for torts committed by their employees acting within the course and scope of their employment. The predominant test turns on whether the employee acted, at least in part, out of a desire to serve the employer’s interests. That test is problematic in cases involving…
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The Zero-Sum Reorganization: Realigning the Code for Hospital Sale-Leasebacks
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De Minimis Confusion, Maximum Risk: Consumer Vulnerability and Trademark Law in Lerner & Rowe v. Brown Engstrand
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Drug War Repair Guarantees
Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the…
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Religious Minorities and Secular Rights
When religious claimants sue to protect their ability to practice their faith, they often invoke legal guarantees that specifically protect religious exercise. Yet historically—and still today—they also rely on secular guarantees like freedom of speech or equal protection. And their victories on…
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Fifty Ways to Leave Your Lover: Using State Constitutions to Escape the Dead Hand of Article V
Thomas Jefferson believed that “the earth always belongs to the living generation.” His constitutional approach would empower twenty-first century Americans to decide twenty-first century problems regularly determined by the United States Supreme Court. Article V, the formal method for…
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