Was Shelley v. Kraemer Incorrectly Decided? Some New Answers (winner of the 2006 Outstanding Scholarly Paper Award from the Association of American Law Schools)
(Mark D. Rosen)
California Law Review
(2007)
Shelley v. Kraemer, the 1948 decision that famously forbade state courts from enforcing racially restrictive covenants, has proven to be immensely difficult to justify. Under Shelley's attribution rationale, a contract's substantive provisions are to be ...