Tuesday, November 25, 2008

Casebeer on the Constitutional Economy of Liberty and Race

Kenneth M. Casebeer, University of Miami School of Law, has posted the paper Memory Lost: Brown v. Board and the Constitutional Economy of Liberty and Race. 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.