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2011

Constitutional Law

Slavery

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Articles 1 - 11 of 11

Full-Text Articles in Law

The Impact Of The Thirteenth Amendment On The Common Law, David S. Bogen Feb 2011

The Impact Of The Thirteenth Amendment On The Common Law, David S. Bogen

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No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward Feb 2011

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

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No abstract provided.


The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr. Feb 2011

The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.

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This article explores the gap between the Thirteenth Amendment's promise and its implementation.


Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain Feb 2011

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain

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No abstract provided.


Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers Feb 2011

Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers

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The 13th Amendment affords two very different visions. One vision limits the 13th Amendment’s scope to ending slavery and involuntary servitude without more. The second expands the 13th Amendment’s scope to include an anti-subordination principle. Proponents of both visions rely on originalism to support their visions. Unfortunately, originalism does not help us reach a clearly correct conclusion regarding the scope of the 13th Amendment.

That is fine, because the core question regarding the interpretation of the 13th Amendment ought to be whether the amendment is constitutionally transformative. That is, does the 13th Amendment announce a constitutional principle that requires that …


Getting Right Without Lincoln, Daniel W. Hamilton Feb 2011

Getting Right Without Lincoln, Daniel W. Hamilton

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This short piece is taken from a review of the three important books considered below. This review is part of my current exploration of the historiography of slavery and the Constitution in Civil War legal history.

Brian McGinty, Lincoln and the Court; Stephen C. Neff, Justice in Blue and Gray: A Legal History of the Civil War; Lea VanderVelde, Mrs. Dred Scott: A Life on Slavery’s Frontier


The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros Feb 2011

The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros

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No abstract provided.


The Thirteenth Amendment And Constitutional Theory, Earl Maltz Feb 2011

The Thirteenth Amendment And Constitutional Theory, Earl Maltz

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No abstract provided.


States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman Feb 2011

States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman

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No abstract provided.


The Reconstruction Power, Jack M. Balkin Feb 2011

The Reconstruction Power, Jack M. Balkin

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No abstract provided.


Slavery And The Phenomenology Of Torture, Sanford Levinson Feb 2011

Slavery And The Phenomenology Of Torture, Sanford Levinson

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No abstract provided.