Document Type
Article
Publication Title
Vanderbilt Law Review
Abstract
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. Both David Bernstein and Michael Klarman 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 the Progressive era has-in its critical theoretical structure-much in common with our current constitutional jurisprudence on property rights and the police power. As the one notable exception to that sorry assessment, Buchanan represents a sharp and welcome departure from the dominant temper of its time.
First Page
787
Volume
51
Publication Date
1998
Recommended Citation
Epstein, Richard A., "Lest We Forget: Buchanan v. Warley and Constitutional Jurisprudence of the "Progressive Era"" (1998). Faculty Articles. 215.
https://gretchen.law.nyu.edu/fac-articles/215
