Precedent
SLN #:Course Prefix: LAW-791
Course Section:
Credit Hours: 2
Instructor(s): Capps
Course Books: View List of Books
Course Description:
In this seminar, we will explore philosophical approaches to solving various puzzles related to precedent, including how to distinguish holdings from dicta, what it means to reason by analogy to precedent, whether (and if so how) precedent constrains judicial discretion, whether (and if so how) erroneous precedent can change the law, when courts empowered to overrule their own precedent should do so, and how to make sense of "second-order" precedent about the doctrine of precedent. Grades will be based on participation and a research paper (5,000 to 7,500 words) that is eligible to satisfy the Upper-Level Writing Requirement.
Additional Information:
Credit Hours: 2
Grading Option: Letter Grade Only
Graduation Writing Requirement: No
Flexible/Upper-Level Writing Requirement: Yes
Skills Requirement: No
Simulation Course: No
Experiential Learning: No
Seminar: No
Special Withdrawal Course: No
Limited Enrollment Number: 16
Final Exam Given: No
Paper Or In-Class Presentation: Yes, paper
Attendance Policy: Per Statement Of Student Policies
Teaching Method: In Person
* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.