week 10: Mon Nov 2 & Wed Nov 4
A past case applies to a new case when the two are sufficiently similar, but how to decide when the similarity is “sufficient”?
reading – Schauer, Practice and Problem of Precedent
week 11: Mon Nov 9 & Wed Nov 11
Legal precedents can be overruled. As an illustration, we will first read an old court decision in favor of racial segregation…
reading – Plessy v. Ferguson (1896) [PDF]
week 12: Mon Nov 16 & Wed Nov 18
…and then, we will read a more recent decision banning racial segregation.
reading – Brown v. Board of Education (1954) [PDF]