Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 2 of 2
Full-Text Articles in Legal Writing and Research
Defining Dicta, Michael Abramowicz, Maxwell Stearns
Defining Dicta, Michael Abramowicz, Maxwell Stearns
George Mason University School of Law Working Papers Series
In recent decades, legal scholars have devoted substantially greater attention to studying the origin and nature of stare decisis than to defining the distinction between holding and dicta. This appears counter-intuitive when one considers, first, that stare decisis applies only to holdings of announced precedents, and second, that beyond problematic and rudimentary intuitions, the legal system has failed to develop meaningful definitions of these terms. While lawyers, legal scholars, and jurists likely assume that they can identify dicta when they see it, a careful analysis that categorizes the range of judicial assertions in need of proper characterization reveals that defining …
Embracing The Writing-Centered Legal Process, Suzanne Ehrenberg
Embracing The Writing-Centered Legal Process, Suzanne Ehrenberg
All Faculty Scholarship
No abstract provided.