Category: CLR Online Volume 104
The Fourth Party Doctrine: Regulating Big Data With an Inference-Based Approach
Ishan Kumar
Fourth Amendment law is inadequate to handle the privacy intrusions that are becoming part and parcel of the role Big Data plays in government investigations. The courts view data privacy ontologically through the lens of analog privacy intrusions—that is, they attempt to regulate government access to particular kinds of data, setting standards for what constitutes…
Mar 2020
A Tale of Two Courts
Deepa Das Acevedo
Deepa Das Acevedo
The world’s oldest democracy and the world’s largest democracy are admittedly different places. One is geographically expansive and demographically changing; it features a presidential system of governance and reflects a general assumption that the state ought to stay out of peoples’ lives wherever possible. The other is geographically smaller (though not small) and riven by…
Mar 2020
Introduction: Reviving the Thirteenth Amendment
Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law.
Amendment XIII Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. What has been the legal significance…
Sep 2019
The Thirteenth Amendment: An Epilogue on the Questions of Reach, Freedom, and Equality
Michele Goodwin
Michele Goodwin
The Banality of Slavery The Thirteenth Amendment served as a corrective to a vile, but strangely normalized, practice—human slavery. An institutionalized practice so common that at one point 40% of New York’s inhabitants were slaves.11. Michele Goodwin, The Thirteenth Amendment: Modern Slavery, Capitalism, and Modern Incarceration, 104 CORNELL L. REV. 899, 1021(2019). Thus, on one hand, slavery’s reach…
Sep 2019
New Textualism and the Thirteenth Amendment
Leah M. Litman, Assistant Professor of Law, University of California Irvine School of Law.
Leah M. Litman, Assistant Professor of Law, University of California Irvine School of Law.
Michele Goodwin’s piece raises important questions about whether troubling modern-day labor practices in jails and prisons are consistent with the Thirteenth Amendment.11. Michele Goodwin, The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration, 104 CORNELL L. REV. 899 (2019) In Goodwin’s telling, the ratification of the Thirteenth Amendment formally ended the institution of slavery, but the Amendment…
Sep 2019
Thirteenth Amendment Reflections on Abortion, Surrogacy, and Race Selection
Dov Fox
Pamela Bridgewater’s Breeding a Nation: Reproductive Slavery, the Thirteenth Amendment, and the Pursuit of Freedom never had a chance.11. PAMELA D. BRIDGEWATER, BREEDING A NATION: REPRODUCTIVE SLAVERY, THE THIRTEENTH AMENDMENT, AND THE PURSUIT OF FREEDOM (South End Press 2014) . South End Press went under shortly after publishing it in 2006, forcing the book out…
Sep 2019
The Thirteenth Amendment and Self-Determination
Seth Davis, Professor of Law, University of California, Berkeley School of Law.
Slavery in the American South was a system of government that denied self-determination to Black communities. The Thirteenth Amendment to the U.S. Constitution promised that “[n]either slavery nor involuntary servitude . . . shall exist within the United States.”11. U.S. CONST. amend. XIII, § 1. Today, Black communities and other subordinated communities are demanding self- determination and…
Sep 2019
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 1866,11. Act 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…
Sep 2019
Untangling Horne; Resuscitating Nollan
Mark Kelman
Not atypically, the Supreme Court in Horne interprets the canonical Nollan narrowly as a case about developer exactions. Viewed that way, Nollan does not speak to the issue in Horne: the raisins that the government took from the owners were not surrendered in exchange for explicit permission to engage in an activity the government either…
Dec 2018
Honesty Without Truth: Lies, Accuracy, and the Criminal Justice Process
Lisa Kern Griffin, Candace M. Carroll and Leonard B. Simon Professor of Law, Duke University School of Law.
Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and truth are not the same thing and conflating them can actually inhibit accuracy. In several settings across investigations and trials, the criminal justice system elevates compliant statements, misguided beliefs, and confident opinions while excluding more complex evidence. Error…
Sep 2018
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