Session on fact in common law reasoning 2016 | Maria Green | September 07, 2016


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Session on fact in common law reasoning 2016

Original Creator: Maria Green Current Version: Maria Green Show/Hide


We will spend most of the 3rd session of the course continuing with the introduction that we began in the first session, with a focus on judicial review.  In the 3rd hour, we will delve into our first case, which comes courtesy of Professor Pamela Karlan's course in torts. 

For readings, please read Scott v. Harris in the link below.  The videos are optional.  

Edited to add: you may find the article by Orin Kerr, “How to Read a Legal Opinion,” of interest for this session, so it is now posted here now as well.  It will be assigned formally for a different session, and is optional for this one.  Note that the Kerr document may download automatically when you click on the link.


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  1. 1 Show/Hide More Scott v. Harris
    Original Creator: Pam Karlan Current Version: Maria Green
  2. 2 Show/Hide More Scott v. Harris: The Chase Video
    This video contains the recording from Deputy Timothy Scott's police cruiser. If you want to see the video from another police vehicle involved in the chase, it's available at
  3. 3 Show/Hide More Scott v. Harris "Why I Ran Video"
    This video contains both scenes of the high-speed chase at issue in Scott v. Harris and interviews with both the deputy who made the stop, Timothy Scott, and the driver, Victor Harris. The relevant material begins at 00:00:14.
  4. 4 Show/Hide More How to Read a Legal Opinion
    Kerr, Orin S. 2007. How to Read a Legal Opinion, 11 GREEN BAG 2d 51.

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September 07, 2016

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Maria Green

Visiting Professor

Raoul Wallenberg Institute of Human Rights and Humanitarian Law

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