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date: 25 March 2019

Abstract and Keywords

The use and reliance on casebooks and law-review articles informed the background understanding of famous leading cases as they developed over time, particularly into the twentieth century and the context of an academic law school using the case method of instruction. The case is still the primary unit of analysis. However, investigations of how cases came to be included in casebooks are few and far between. This chapter asks: Why did that happen to some cases and not others? What were editors thinking when they dragged one of these specimens out of obscurity? Did the weight of past practice dictate their continued inclusion or were other factors at play? Did they actually become useful in new ways to new generations of teachers and students or was it just a strange kind of deference or inertia that kept them in the casebook where they continued to be read and discussed?

Keywords: legal history, legal texts, case law, casebook, law review

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