Citing from David Treuer’s L. A. Times article: “The major difference between Indian and European populations was the fact that Indians were enslaved to work on gold mines and silver mines in alarming numbers beginning on Columbus’ second voyage whereas…
“Black” Becomes a Synonym for “Slave” The Skin Color customs of modern American Blacks demonstrates that they have adopted their former master’s ideas as to the identity given to them after being stripped of their freedom. This also shows the…
Alexander Tsesis* Abstract: This Article discusses why the Thirteenth Amendment’s reach extends beyond the institution of slavery and has important implications for civil liberties. The Amendment—in providing a mechanism to protect fundamental rights articulated in the Declaration of Independence and Preamble…
The requirements of a violation of an individual’s Thirteenth Amendment rights are clear. See United States v. Kozminski, 487 U.S. 931, 108 S. Ct. 2751, 101 L. Ed. 2d 788 (1988). In 1871, the Virginia Supreme Court ruled that…
“Plaintiffs moved to dismiss the indictment on the grounds that, inter alia, the prosecution violated the nurse plaintiffs’ Thirteenth Amendment rights and Vinluan’s First Amendment rights. ( Id. ¶ 94.) Their motion was denied by the state trial court judge…
The NJLAD makes it unlawful “[f]or an employer, because of race . . . to discriminate against such individual in compensation or in terms, conditions or privileges of employment.” N.J.S.A. 10:5-12(a). When analyzing claims of discrimination under the NJLAD based on…
Civil Rights Conspiracies: Section 1985(3) after Carpenters v. Scott. “In contrast, state action is not required for a section 1985(3) action based upon a conspiracy to interfere with one’s thirteenth amendment right to be free from the badges of slavery.” The Griffin…