Part 3 – Legal Precedents

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]