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Schedule Registration Housing |
| Sunday, January 9, 2000 9:00 a.m.-12:00 noon |
Marriott Ballroom Salon III
Marriott Wardman Park Hotel Lobby Level |
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Section on Constitutional Law |
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| Jack M. Balkin, Yale Law School, Chair |
| What Brown Should Have Said |
| Moderator: | |
| Jack M. Balkin, Yale Law School | |
| Speakers: | |
| Bruce A. Ackerman, Yale Law School
Derrick A. Bell, Jr., New York University Drew S. Days, III, Yale Law School John Hart Ely, University of Miami Catharine A. MacKinnon, University of Michigan Michael W. McConnell, University of Utah Frank I. Michelman, Harvard Law School Cass R. Sunstein, University of Chicago Patricia J. Williams, Columbia University |
| In this panel ten distinguished constitutional scholars offer their versions of what the opinion in Brown v. Board of Education should have said, given what we now know about the history of equality in the United States in the half century since Brown was written. Each panelist has been asked to write an opinion for the Court using only those sources available as of May 17, 1954. Each is asked to address the legal issues presented in Brown I (legality of segregation), Brown II (remedy), and Bolling v. Sharpe (applicability to the federal government). The point of this exercise is not only to rethink the premises of Brown and the American law of equality at the beginning of a new century, but also to see how and whether contemporary theories about constitutional interpretation and constitutional equality can deal adequately with the problems presented in that most canonical of cases in American constitutional law. |
| Business Meeting at Program Conclusion |