Determining the Rule of a Case
Interesting article by Llewellyn. There are at least two productive ways to
read a case:
- Strongly: what is the most far-reaching interpretation we could
give this case?
- Weakly: what is the inescapable minimum doctrine set forth here,
that we can't possibly ignore?
There is also some nice material on how to recognize dicta: it's anything
that goes beyond the facts of the case in question. Also, distinguishing
"welcome" from "unwelcome" precedent: this will condition how we read (e.g.
strongly or weakly) the cases we face, and how we urge others to understand
them.