Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory Commons

Open Access. Powered by Scholars. Published by Universities.®

2018

Arkansas Law Review

Articles 1 - 1 of 1

Full-Text Articles in Public Law and Legal Theory

The Holding-Dictum Spectrum, Andrew C. Michaels Jan 2018

The Holding-Dictum Spectrum, Andrew C. Michaels

Arkansas Law Review

Presumably, the terms holding and dictum have some objective meaning. One would not say, “I do not agree with this statement, so it is dictum.” One might say, “This statement is dictum, so it is not binding.” So what, then, is dictum? More specifically, to what extent does the breadth of a generalization affect its status as holding or dictum?