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Cardozo Law Review

Abstract

The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in question.

Keywords

Civil Rights, Feminism, Human Rights Law, Slavery, Race and Ethnicity Issues, Affirmative Action, Constitutional Law, Fourteenth Amendment, Legal History, Gender and the Law

Disciplines

Civil Rights and Discrimination | Constitutional Law | Fourteenth Amendment | Human Rights Law | Law | Law and Gender | Law and Race | Legal History

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