Rebecca L. Brown, USC Law School, has posted
Deep and Wide: Justice Marshall's Contributions to Constitutional Law on bepress. It is forthcoming in the
Howard Law Journal 52 (2009). Here is the abstract:
This essay, a contribution to a symposium marking the 100th anniversary of Justice Thurgood Marshall’s birth, explores Justice Marshall’s singular understanding of equality as a driving force underlying all of constitutional law. His theory of equality as giving rise to an obligation on government to provide reasons for its actions reflects a sophisticated and under-appreciated perspective on American constitutionalism, as illustrated by several examples offered in the essay.
