3. Precedents

week 10: Mon Oct 30 & Wed Nov 1

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 [PDF]

week 11:  Mon Nov 6 & Wed Nov 8

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 13 & Wed Nov 15

…and then, we will read a more recent decision banning racial segregation

reading/watching – Brown v. Board of Education (1954) [PDF] [video]

NB: Assignment #5  [PDF] –  due Nov 15

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