What Can Brown Do For You?
"This is a story about two of the most influential texts in American constitutional law. The first, the Supreme Court’s decision in Brown v. Board of Education striking down de jure segregation of public schools, has become the most revered opinion in the Court’s history—the most “super-duper,” to use Senator Arlen Specter’s phrase, of all the Court’s precedents. The second, Professor Herbert Wechsler’s Harvard Law Review article, Toward Neutral Principles of Constitutional Law has become the second-most-cited law review article in American history."
Pamela S. Karlan, What Can Brown Do for You?: Neutral Principles and the Struggle over the Equal Protection Clause, 58 Duke Law Journal 1049-1069 (2009) Available at: http://scholarship.law.duke.edu/dlj/vol58/iss6/4
March 25, 2008