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