James Gray Pope, Rutgers Law School, Newark, is publishing Section 1 of the Thirteenth Amendment and the Badges and Incidents of Slavery in volume 65 of the UCLA Law Review (2018). Here is the abstract.
This article presents the first comprehensive treatment of the basic and officially “open” question whether section 1 of the Thirteenth Amendment directly bans the badges and incidents of slavery. It then explores possible implications for the constitutional law of discrimination against whites, racially disparate impact, race-based affirmative action, gender equality, and reproductive freedom.Download the article from SSRN at the link.
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