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Full-Text Articles in Law
Symposium: Examining Black Citizenship From Reconstruction To Black Lives Matter: Falling Short Of The Promise Of The Thirteenth Amendment: Time For Change, Michael A. Lawrence
Symposium: Examining Black Citizenship From Reconstruction To Black Lives Matter: Falling Short Of The Promise Of The Thirteenth Amendment: Time For Change, Michael A. Lawrence
ConLawNOW
This Essay seeks to shine additional light on the potential of the underutilized Thirteenth Amendment (as contrasted to the much-litigated Fourteenth Amendment Equal Protection Clause) for advancing racial justice and equity. The Essay suggests the Thirteenth Amendment provides strong constitutional basis for an unapologetic embrace of the sorts of new, race-conscious measures that will be necessary to begin to achieve true racial equity in a country that for centuries has erected massive structural barriers to Black opportunity and advancement
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
The Second Founding And The First Amendment, William M. Carter Jr.
The Second Founding And The First Amendment, William M. Carter Jr.
Articles
Constitutional doctrine generally proceeds from the premise that the original intent and public understanding of pre-Civil War constitutional provisions carries forward unchanged from the colonial Founding era. This premise is flawed because it ignores the Nation’s Second Founding: i.e., the constitutional moment culminating in the Thirteenth, Fourteenth, and Fifteenth Amendments and the civil rights statutes enacted pursuant thereto. The Second Founding, in addition to providing specific new individual rights and federal powers, also represented a fundamental shift in our constitutional order. The Second Founding’s constitutional regime provided that the underlying systemic rules and norms of the First Founding’s Constitution …