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

Columbia Law School

2012

Abortion

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Full-Text Articles in Law

Thirteenth Amendment Optimism, Jamal Greene Jan 2012

Thirteenth Amendment Optimism, Jamal Greene

Faculty Scholarship

Thirteenth Amendment optimism is the view that the Thirteenth Amendment may be used to reach doctrinal outcomes neither specifically intended by the Amendment's drafters nor obvious to contemporary audiences. In prominent legal scholarship, Thirteenth Amendment optimism has supported constitutional rights to abortion and health care and constitutional powers to prohibit hate speech and domestic violence, among other things. This Essay examines the practical utility of Thirteenth Amendment optimism in the face of dim prospects for adaption by courts. The Essay argues that Thirteenth Amendment optimism is most valuable, both historically and today, as a means of motivating the political ...


Thirteenth Amendment Optimism, Jamal Greene Jan 2012

Thirteenth Amendment Optimism, Jamal Greene

Faculty Scholarship

Thirteenth Amendment optimism is the view that the Thirteenth Amendment may be used to reach doctrinal outcomes neither specifically intended by the amendment's drafters nor obvious to contemporary audiences. In prominent legal scholarship, Thirteenth Amendment optimism has supported constitutional rights to abortion and health care and constitutional powers to prohibit hate speech and domestic violence, among other things. This article examines the practical utility of Thirteenth Amendment optimism in the face of dim prospects for adoption by courts. I argue that Thirteenth Amendment optimism is most valuable, both historically and today, as a means of motivating the political process ...