56 Pages Posted: 27 Jun 2017
Date Written: June 26, 2017
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.
Keywords: Thirteenth Amendment, Badges & Incidents of Slavery, Disparate Impact, Affirmative Action, Abortion Rights, Gender Equality
Suggested Citation: Suggested Citation
Pope, James Gray, Section 1 of the Thirteenth Amendment and the Badges and Incidents of Slavery (June 26, 2017). UCLA Law Review, Vol. 65, No. 2, 2018. Available at SSRN: https://ssrn.com/abstract=2992894