Colloquium: Lest We Forget: Buchanan V. Warley and Constitutional Jurisprudence of the "Progressive Era"

Epstein, Richard A., Vanderbilt Law Review

Richard A. Epstein*

The two principal papers in this collection are devoted to an analysis of one of the Supreme Court's landmark decisions of the Progressive era, Buchanan v. Warley.1 Both David Bernstein2 and Michael Klarman3 reveal ambitions that go beyond a single case, as each discusses in detail a large part of the Progressive era jurisprudence on race relations that set the stage for Buchanan v. Warley. A short introduction is hardly the place to quibble with these papers on points of detail. But it is the place to raise one neglected theme that requires fresh emphasis. The constitutional jurisprudence that led to the disgraceful judicial performance on race relations in …

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Publication information: Article title: Colloquium: Lest We Forget: Buchanan V. Warley and Constitutional Jurisprudence of the "Progressive Era". Contributors: Epstein, Richard A. - Author. Journal title: Vanderbilt Law Review. Volume: 51. Issue: 4 Publication date: May 1998. Page number: 787+. © Vanderbilt Law Review Jan 2009. Provided by ProQuest LLC. All Rights Reserved.

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