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Monday, July 14, 2014

Wechsler vs. Black Will Be the New Black

Based on what I have been reading in the past month or so, allow me to venture a small, perhaps obvious prediction: The next five years, leading up to the sixtieth anniversary or so, will see a cottage industry of articles revisiting, reassessing--and refighting--two classic law review articles: Herbert Wechsler's Toward Neutral Principles of Constitutional Law, and Charles Black's The Lawfulness of the Desegregation Decisions. These will be treatments of a live issue, not just the typical anniversary pieces or historical assessments. And I suspect it will become evident that we have made fewer advances on these issues than is generally assumed.

Posted by Paul Horwitz on July 14, 2014 at 10:34 PM | Permalink


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