The Stories We (Don’t) Tell: Using Case Briefing to Explore Bias and Oppression in the Law

Authors

Ashley B. Armstrong, St. John's University School of LawFollow

Document Type

Essay

Publication Title

The Journal of the Legal Writing Institute

Publication Date

2024

Volume

28

First Page

377

Abstract

Traditional case briefing focuses on the text of the opinion—how courts frame and resolve legal issues. This Essay explores how to teach case briefing to investigate bias and oppression in the law. By discussing socio-historical context during class or assigning reimagined judicial opinions alongside the original opinion, teaching case briefing this way asks students to consider the stories that judges don’t tell (and why). This Essay proffers two examples that illustrate these approaches: United States v. Robinson, 414 U.S. 218 (1973) and Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (1965).

Comments

Available at: https://www.legalwritingjournal.org/article/91325