ABSTRACT

Suppose one were asked to make a list of relationships between a given pair of court cases. The list might include some explicitly stated relationships, such as the fact that one of the decisions overturned the other, or cited it as controlling. It might include undeniably salient but implicit features of the cases, such as the fact that both involved, say, civil rights. The fact that the same judge wrote the two opinions might be on the list. There might be unusual but notable parallels, such as the fact that in both cases the defendant represented him or herself. Finally, it might include apparently trivial facts such as that in both cases the plaintiff was left-handed.