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Academic
: Legal Theory BlogCasebeer on the Constitutional Economcy of Liberty & Race
By Lawrence Solum
Kenneth M. Casebeer (University of Miami - School of Law) has posted Memory Lost: Brown v. Board and the Constitutional Economy of Liberty and Race on SSRN. Here is the abstract:
This article shows how race impacts the concept of Liberty in Supreme Court Jurisprudence over four periods of US History to reinforce a dominant political economy. It shows how the Court's present political economy blinds us to the real judicial context of Brown v. Board of Ed. thereby reinforcing anti affirmative action ideas and racial segregation.
Full post as published by Legal Theory Blog on November 24, 2008 (boomark / email).
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