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Fourteenth Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

William & Mary Law School

Journal

Equal Rights

Articles 1 - 3 of 3

Full-Text Articles in Fourteenth Amendment

The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman May 2021

The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman

William & Mary Journal of Race, Gender, and Social Justice

The 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 …


Not Gill-Ty: Challenging And Providing A Workable Alternative To The Supreme Court's Gerrymandering Standing Analysis In Gill V. Whitford, Colin Neal Jun 2020

Not Gill-Ty: Challenging And Providing A Workable Alternative To The Supreme Court's Gerrymandering Standing Analysis In Gill V. Whitford, Colin Neal

William & Mary Bill of Rights Journal

No abstract provided.


Political And Non-Political Speech And Guns, Gregory P. Magarian May 2020

Political And Non-Political Speech And Guns, Gregory P. Magarian

William & Mary Bill of Rights Journal

No abstract provided.