W&L Law’s Hasbrouck Publishes Article in Boston University Law Review Professor Brandon Hasbrouck published "The Antiracist Constitution."

By Peter Jetton
March 18, 2022

Washington and Lee law professor Brandon Hasbrouck has published an article in the Boston University Law Review. The article, “The Antiracist Constitution,” argues that Congress and the courts can, and should, apply the Constitution as it was written and intended—to promote an antiracist vision of America—and explores what an antiracist Constitution would look like in practice.

“The resulting framework demonstrates the doctrinal puissance of abolition constitutionalism. Where progressive constitutionalism often struggles to justify the rights-affirming results of the Warren Court and Roe v. Wade while excluding the possibility of a return to the Lochner era, abolition constitutionalism provides a robust basis to support civil rights, including reproductive rights, while rejecting the primacy of freedom of contract,” Hasbrouck writes.

The article is available online at the Boston University Law Review website.

If you know any W&L faculty who would be great profile subjects, tell us about them! Nominate them for a web profile.