In his masterful work, Women, Gays, and the Constitution, David Richards proposes a moral interpretation of the nineteenth century Reconstruction Amendments. This reading is inspired by “abolitionist” feminism, Richards’ name for the philosophy developed by men and women who extended their opposition to slavery into a fight against all forms of racismthen existing. Beginning with these feminists, Richards develops an original interpretive methodology. This methodology enables Richards to argue that the stance of the abolitionist outsider provides a moral viewpoint from which to criticize the irrationality and unreasonableness of our basic institutions. The moral viewpoint of this re-centered outsider also allows a legal interpretation of the Reconstruction Amendments expansive enough to fully protect the fundamental rights of women, lesbians, and gay men.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
Mandatory arbitration for guestworkers, a uniquely vulnerable group, will result in class inequality and worse conditions for all workers.
An evidentiary privilege to protect workers' confidential communications from disclosure in federal and state court proceedings would support unions.
Labor organizing privilege is not a magic bullet that will secure the rights of workers to organize and collectively bargain. Employers will continue to resist the efforts of their workers to organize.