All posts tagged: federal courts

A New Precedent in Sports Arbitration: How Gruden and Flores Won Their Day in Court

With the Arizona Cardinals’ hiring of former Los Angeles Rams offensive coordinator Mike LaFleur, the NFL’s 2026 head coaching carousel has officially stopped spinning. A record-tying 10 franchises decided to let go of their head coach this offseason, a stark reminder of how rapidly one’s career can be shaken in the NFL. While some of these coaches fought to get jobs on other teams, Jon Gruden and Brian Flores are two former head coaches who saw their exits turn into battles of the legal kind, both of which still rage on to this day.   In 2021, Jon Gruden resigned from his position as the head coach of the Las Vegas Raiders after the NFL released private emails between him and former president of the Washington Commanders Bruce Allen during an investigation into toxic work culture. Gruden used profane, misogynistic, and racist language to describe certain NFL players and executives. Gruden then sued Roger Goodell and the NFL in Nevada state court in November 2021. His claims arose from the NFL collecting about 650,000 emails in …

Kaleidoscope

Turning the Kaleidoscope: Toward a Theory of Interpreting Precedents

A full generation of legal scholarship has analyzed methods of interpreting statutory and constitutional provisions. Different works have emphasized text, original intent, original reception, and dynamic “living” meaning as academics have argued over which methodological systems describe current practice, and which systems are normatively best. Comparable methodological debates have not occurred with respect to judicial decisions. This Article examines precedents as a third category of legal authorities that — much like statutes and constitutions — sometimes present vague answers to important legal questions. This Article’s system of precedential interpretation will challenge unexamined intuitions about “reading cases,” with collateral implications for statutory and constitutional interpretation as well. I consider four categories of historical materials to generate different sorts of precedential meaning: (i) an opinion’s text, indicating a decision’s declared meaning; (ii) adjudicative context, reflecting a precedent’s implied meaning; (iii) reception by contemporary analysts, which depict understood meaning; and (iv) subsequent doctrinal applications, which identify developmental meaning. These categories offer analogies to forms of textualism, originalism, and dynamism that are well known in other legal contexts. Different …