The Resurgent Role of Legal History

in Modern Judicial Decisionmaking


This  course examines the increasingly prominent role legal history plays in modern judicial decisionmaking,  Focusing on recent judicial opinions that appear to be decided primarily based on historical reasoning, the course critically examines the cited historical sources and considers academic praise and skepticism of the judicial invocation of legal history — all toward the goal of equipping students to confidently incorporate historical argument into their legal thinking as well as their future advocacy.

Unit 1

Unit 2

Unit 3

Unit 4

Unit 5

Unit 6

Unit 7

Unit 8

Unit 9

Unit 10

Unit 11

Unit 12

Unit 13

Unit 14

Grading Policies

Paper Requirements

Research Resources

Professional Background & Publications