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Tag: Equal Protection

The Thirteenth Amendment in Legal Theory

George Rutherglen, John Barbee Minor Distinguished Professor of Law, University of Virginia.

Introduction Unique among constitutional amendments, the Thirteenth Amendment has been eclipsed by its own success. It gave rise directly to the Civil Rights Act of 1866,1Act of April 9, 1866, § 1, 14 Stat. 27 (1866). which was enacted under Section 2 of the Amendment; and the rights conferred by the 1866 Act, in turn, served as…

Sep 2019

Article

What is Discriminatory Intent?

Aziz Z. Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School.

The Constitution’s protection of racial and religious groups is organized around the concept of discriminatory intent. But the Supreme Court has never provided a crisp, single defini­tion of ‘discriminatory intent’ that applies across different in­ stitutions and public policy contexts. Instead, current jurisprudence tacks among numerous, competing conceptions of unconstitutional intent. Amplifying the doctrine’s complex­ity, the Court…

Jul 2018

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