Child abuse as slavery: a Thirteenth Amendment response to DeShaney
Article Abstract:
The Thirteenth Amendment prohibition of slavery provides an appropriate vehicle for analysis of child abuse cases. In DeShaney v Winnebago County Department of Social Services, for example, the county was not considered liable under due process for returning a child to his father's custody in spite of evidence of abuse. A Thirteenth Amendment claim, prohibiting both private action and state inaction, could be applied when a parent treats his child as chattel. The anti-slavery provision better depicts the plight of child abuse victims without the risk of creating unlimited due process rights.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Executive privileges and immunities: the Nixon and Clinton cases
Article Abstract:
Bill Clinton's claim to executive immunity from litigation is better founded than that of Richard Nixon, although immunity was granted to Nixon in the 1982 case of Nixon v. Fitzgerald. The Arrest Clause of the Constitution supports the granting of temporary immunity for a President while in office, as in Clinton's case, but Nixon was seeking permanent immunity from a civil damage suit when he was no longer in office. The suggested interpretation of executive immunity is supported by the Constitution, historical evidence and policy arguments and does not place the President above the law.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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The case of the missing amendments: R.A.V. v. City of St. Paul
Article Abstract:
The US Supreme Court in R.A.V. v City of St Paul affirmed the correctness of their decision in the 1989 flag-burning case, Texas v Johnson, but failed to consider the role of the 13th and 14th Amendments in hate-speech cases. The court struck down an overbroad city ordinance that prohibited hate speech based on race, color, religion or gender, but were divided over the rationale. Under the 13th and 14th Amendments, racially based hate speech might have been interpreted as prohibited badges of servitude.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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