Partway through the winter 2019 semester,1 the Supreme Court ruined my favorite summary judgment brief problem while my students were working on it. I had decided to use the problem despite the Court granting cert and knowing it was just a matter of time before the Court issued its decision. In this Article, I share some of the lessons that I learned about the risks involved in using a brief problem based on a pending Supreme Court case. I conclude that, while I have not typically set out to base a problem on a pending Supreme Court case, doing so has some meaningful benefits, and those benefits outweigh the disadvantages.
Hannon, Margaret. "Spoiler Alert: When the Supreme Court Ruins Your Brief Problem Mid-Semester." Persp.: Teaching Legal Res. & Writing 27, no. 2 (2019): 82-6.