How would Dworkin assess the impact of Plessy on the Brown decision? Did precedent matter? What would Scheingold say in response?

2 typewritten pages, double-spaced, 1-inch margins all the way around, 12-point, Times New Roman font. Papers will be graded on the first two pages only.Your name and the phrase “First Paper Assignment POSC 452” may appear in a header to save space.No bibliography is needed.

Papers that do not conform to the formatting requirements will be handed back to be re-formatted and charged a late penalty of one-third of a grade (in addition to any other applicable late penalty).

Goal: Deepen students’ understanding of the competing definitions of law and their implications for and how we assess Supreme Court decisions.

Required Materials:Plessy v. Ferguson, Brown v. Board decisions (both on Oyez) and relevant course materials.

Questions:How would Dworkin assess the impact of Plessy on the Brown decision?Did precedent matter? What would Scheingold say in response?

In your essay, be sure to do the following:

1. set forth Dworkin’s concept of law (10 points);
2. identify the observable implications of his concept (20 points);
3. apply his concept to the Brown opinion to assess whether the law “mattered” (30 points) (hint: be sure to consider its treatment of Plessy);
4. set forth Scheingold’s concept of law (10 points);
5. Use his concept to critique Dworkin’s analysis and suggest how scholars should assess the Brown decision (10 points); and
6. conclude by arguing which definition is analytically “best” for assessing the impact of law (20 points).