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The Nineteenth Amendment And The U.S. "Women's Emancipation Policy" In Post-World War Ii Occupied Japan: Going Beyond Suffrage, Cornelia Weiss

Akron Law Review

This paper explores the influence of the Nineteenth Amendment on U.S. military occupation policy in Post-World War II Japan. A mere 25 years after the ratification of the Nineteenth Amendment, actions taken during the military occupation did not stop at suffrage for Japanese women. Actions included a constitution that provided for women’s “equality” (what, even 100 years after the ratification of the Nineteenth Amendment, is still absent in the U.S. constitution). In addition to addressing women’s suffrage and constitutional equality, this paper examines the successes and failures of the Occupation to eradicate the legal enslavement of women, to eliminate the …

Symposium: The 19th Amendment At 100: From The Vote To Gender Equality: The Nineteenth Amendment: The Fourth Reconstruction Amendment?, Kimberly A. Hamlin Phd

ConLawNOW

This essay argues that the Nineteenth Amendment can best be understood in terms of the Fifteenth Amendment and perhaps even as the fourth Reconstruction Amendment. It is now well understood, at least among historians, that the Nineteenth Amendment did not enfranchise black women in the South, nor other women of color, but the specifics of how and why that came to be the case are less well known. After the passage of woman suffrage in New York in 1917, Congressional opponents of women voting narrowed in on the Nineteenth Amendment’s relationship to the Fifteenth as the main source of contention. …

Symposium: 19th Amendment At 100: "We Must Forget Every Difference And Unite In A Common Cause - Votes For Women": Lessons From The Woman Suffrage Movement (Or, Before The Notorius Rbg, There Were The Notorious Rbgs), Gwen Jordan

ConLawNOW

The centennial of the Nineteenth Amendment induces a renewed assessment of the history of the woman’s suffrage movement and its legacy. This article focuses on the transnational activism of women professionals to secure, for all women, full social, civil, political, and legal rights. It examines the work of Rosa Goodrich Boido, a late nineteenth century doctor, and her daughter, Rosalind Goodrich Bates, an early twentieth century lawyer, as they generationally crossed national borders and fought for women’s rights and dignity in the US and around the world. Their stories document their understanding of suffrage as an incremental step toward women’s …

Pandemic Surveillance - The New Predictive Policing, Michael Gentithes

Con Law Center Articles and Publications

Now that the first wave of the coronavirus is behind us, what will the future bring? As governments reopen society following lengthy stay-at-home orders, they must strike a difficult balance. If the return to normalcy is too abrupt, infections could spike again in just a few months, creating a death toll as high as it might have been with no quarantine at all.1 An effective removal of quarantine orders, then, must ensure that the return to normalcy is appropriately paced. But how can we best plan to put our economy back together without jeopardizing public health?

Officials in New York …

Felony Disenfranchisement & The Nineteenth Amendment, Michael Gentithes

Con Law Center Articles and Publications

The Nineteenth Amendment and the history of the women’s suffrage movement can offer a compelling argument against felony disenfranchisement laws. These laws leave approximately six million citizens unable to vote, often for crimes wholly unrelated to the political process. They also increasingly threaten gains in female enfranchisement.

Today’s arguments in support of felony disenfranchisement laws bear striking similarities to the arguments of anti-suffragists more than a century earlier. Both suggest that a traditionally subordinated class of citizens is inherently incapable of bearing the responsibility that the right to vote entails, and that their votes are somehow less worthy than others. …

Gobbledygook: Political Questions, Manageability, & Partisan Gerrymandering, Michael Gentithes

Con Law Center Articles and Publications

In finding that extreme partisan gerrymandering is a nonjusticiable political question in Rucho v. Common Cause, the Supreme Court fixated upon the lack of judicially manageable standards to evaluate their constitutionality. The decision culminated in the Court’s recent reinforcement of that manageability focus in partisan gerrymandering cases, with Chief Justice Roberts even calling efforts to numerically calculate the extremity of such gerrymandering “sociological gobbledygook.”

Such belabored fears about manageability misread the questions in the political question doctrine. The doctrine requires the Justices to initially ask, as a normative matter, whether the judiciary should resolve the controversy in our constitutional system, …

Suspicionless Witness Stops: The New Racial Profiling, Michael Gentithes

Con Law Center Articles and Publications

Young men of color in high-crime neighborhoods are surrounded by poverty and crime, yet distrustful of the police who frequently stop, frisk, and arrest them and their friends. Every encounter with the police carries the potential for a new arrest or worse, fostering a culture of fear and distrust of law enforcement. That culture exacerbates the problems facing the officers patrolling these neighborhoods as more crimes go unsolved because witnesses are unwilling to come forward.

In the past several decades, officers have responded by using a stop-and-frisk technique of dubious constitutionality to control crime. Despite its disastrous implications for the …

Janus-Faced Judging: How The Supreme Court Is Radically Weakening Stare Decisis, Michael Gentithes

Con Law Center Articles and Publications

Drastic changes in Supreme Court doctrine require citizens to reorder their affairs rapidly, undermining their trust in the judiciary. Stare decisis has traditionally limited the pace of such change on the Court. It is a bulwark against wholesale jurisprudential reversals. But, in recent years, the stare decisis doctrine has come under threat.

With little public or scholarly notice, the Supreme Court has radically weakened stare decisis in two ways. First, the Court has reversed its long-standing view that a precedent, regardless of the quality of its reasoning, should stand unless there is some special, practical justification to overrule it. Recent …

From Nineteenth Amendment To Era: Constitutional Amendments For Women's Equality, Tracy Thomas

Con Law Center Articles and Publications

No abstract provided.

More Than The Vote: The Nineteenth Amendment As Proxy For Gender Equality, Tracy Thomas

Con Law Center Articles and Publications

The original idea behind the Nineteenth Amendment was never just about the vote. Instead, the first women's rights movement 175 years ago, like the modern movement for the Equal Rights Amendment, sought comprehensive equality for women in all avenues of life. The constitutional text for women’s full equality and emancipation has changed over the centuries; first embodied in the grant of the vote as a proxy for structural change, and now incorporated into the demand for “equal rights.” Yet women have been consistent over time in understanding the radical idea that systems of governance, family, industry, and church need dismantling …