Add to ORKGThe hope is that the Court will one day hold that the Thirteenth Amendment has its own equal protection clause or component and that strict scrutiny will not be used for benign racial classifications designed to eradicate current badges and incidents of slavery. This Article critiques the Court’s decision in the Civil Rights Cases regarding the scope of section 1 of the Amendment and it offers a holistic or structural interpretation of the Amendment to include an equal protection component and a lesser standard of review than strict scrutiny. Essentially, the Thirteenth Amendment, if properly used, could become a public policy of equal protection that influences courts’ interpretation of the Amendment, other constitutional provisions, and s...
In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourt...
This Article suggests that the U.S. Supreme Court, through its decisions in cases alleging race disc...
It is by now an open secret that current interpretations of the meaning of the equal protection clau...
The Supreme Court has held that the Thirteenth Amendment prohibits slavery or involuntary servitude ...
This Article argues that to better understand the historical development of Fourteenth Amendment ant...
This Article discusses why the Thirteenth Amendment\u27s reach extends beyond the institution of sla...
This article builds upon remarks the author originally delivered at the Nineteenth Annual Derrick Be...
In the face of this common understanding of the vagueness of much of the constitutional text, Berger...
The inadequate avenues of direct relief available to those groups that have been discriminated again...
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence....
This Article discusses why the Thirteenth Amendment\u27s reach extends beyond the institution of sla...
This Article presents the first comprehensive treatment of the basic and officially “open” question ...
Thirteenth Amendment optimism is the view that the Thirteenth Amendment may be used to reach doctrin...
Abstract: This Article discusses why the Thirteenth Amendment\u27s reach extends beyond the institut...
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some la...
In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourt...
This Article suggests that the U.S. Supreme Court, through its decisions in cases alleging race disc...
It is by now an open secret that current interpretations of the meaning of the equal protection clau...
The Supreme Court has held that the Thirteenth Amendment prohibits slavery or involuntary servitude ...
This Article argues that to better understand the historical development of Fourteenth Amendment ant...
This Article discusses why the Thirteenth Amendment\u27s reach extends beyond the institution of sla...
This article builds upon remarks the author originally delivered at the Nineteenth Annual Derrick Be...
In the face of this common understanding of the vagueness of much of the constitutional text, Berger...
The inadequate avenues of direct relief available to those groups that have been discriminated again...
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence....
This Article discusses why the Thirteenth Amendment\u27s reach extends beyond the institution of sla...
This Article presents the first comprehensive treatment of the basic and officially “open” question ...
Thirteenth Amendment optimism is the view that the Thirteenth Amendment may be used to reach doctrin...
Abstract: This Article discusses why the Thirteenth Amendment\u27s reach extends beyond the institut...
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some la...
In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourt...
This Article suggests that the U.S. Supreme Court, through its decisions in cases alleging race disc...
It is by now an open secret that current interpretations of the meaning of the equal protection clau...