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.
Tuesday, July 21, 2009
Brown on Thurgood Marshall's Jurisprudence
Posted by Dan Ernst
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: