William M. Carter, Jr.

• The Second Founding and Self-Incrimination, Northwestern Law Review (forthcoming, 2023)

• The Anti-Klan Act in the Twenty-First Century, 136 Harvard Law Review Forum 251 (2023)

• Outsider Speech: the PLRA, AEDPA, and Adjudicative Expression, 72 Case Wes. Res. U. L. Rev. 643 (2022)

• The Second Founding and the First Amendment, 99 Texas Law Review 1065 (2021).  Available on SSRN.

• The Supreme Court’s Flawed Assumptions Regarding Race, History, and Unconscious Bias in Whren v. United States, 66 Case W. Res. U. L. Rev. 947 (2016). Available on SSRN.

• Class as Caste: The Thirteenth Amendment’s Applicability to Class-Based Subordination, 39 Seattle U. L. Rev. 813 (2016). Available on SSRN.

• The Thirteenth Amendment and Constitutional Change, 38 N.Y.U. Rev. of L. & Soc. Change 583 (2014). Available on SSRN.

• The Use, Abuse, and Non-Use of International Law in the United States and France, No. 02/14, Jean Monnet Working Paper Series of The Jean Monnet Center for International and Regional Economic Law & Justice at NYU School of Law (2014) (co-authored with Vivian Curran) (available at jeanmonnetprogram.org).

• The Promises of Freedom: The Contemporary Relevance of the Thirteenth Amendment, 85 Temple L. Rev. 867 (2013).

• The Thirteenth Amendment and Pro-Equality Speech, 112 Colum. L. Rev. 1855 (2012). Available on SSRN. 

• Affirmative Action as Government Speech, 59 UCLA L. Rev. 2 (2011) (lead article). Available on SSRN. 

• The Paradox of Political Power: Post-Racialism, Equal Protection, and Democracy, 61 Emory L. J. 1123 (2012). Available on SSRN. 

• The Thirteenth Amendment, Interest Convergence, and the Badges and Incidents of Slavery, 71 Md. L. Rev. 21 (2012). Available on SSRN. 

• Treaties as Law and the Rule of Law, 69 Md L. Rev. 344 (2010). Available on SSRN. 

• Race, Rights, and the Thirteenth Amendment: Defining the Badges and Incidents of Slavery, 40 U.C. Davis L. Rev. 1311 (2007) (lead article). Available on SSRN. 

• A Thirteenth Amendment Framework for Combating Racial Profiling, 39 Harv. C.R.-C.L. L. Rev. 17 (2004) (lead article). Available on SSRN. 

• The Mote in thy Brother’s Eye (review of Human Rights as Politics and Idolatry by Michael Ignatieff), 20 Berkeley J. of Int’l L. 496 (2002) (invited essay). Available on SSRN. 

Book Chapters

• The Badges and Incidents of Slavery: Historical Context and Contemporary Application, in The Legal Parameters of Slavery (Jean Allain, ed.) (Oxford Univ. Press, 2012).

• Toward a Thirteenth Amendment Exclusionary Rule as a Remedy for Racial Profiling, in The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment (Alexander Tsesis, ed.) (Columbia Univ. Press, 2010). Available on SSRN. 

Selected Scholarly Presentations

• Keynote Address, Pennsylvania Supreme Court Commission on Judicial Independence event entitled “Slavery, the Civil War, and Reconstruction.” Attendees included federal and state judges (including several Justices of the Pennsylvania Supreme Court); executive branch officials (including the Lieutenant Governor); and state legislators (including the Speaker of the House).

• Commentator, Georgetown University Law Center’s Salmon P. Chase Colloquium titled “Celebrating the Sesquicentennial of the Thirteenth Amendment” (December 2015). Other participants included Randy Barnett (Georgetown Law School), Eric Foner (Columbia University, History), Jennifer Mason McAward (Notre Dame Law School), Larry Solum (Georgetown Law School), Lea Vandervelde (Iowa Law School), and Michael Vorenberg (Brown University, History).

• Derrick A. Bell Lecturer on Race in American Society at NYU Law School, on The Thirteenth Amendment and the Legacies of Slavery (November 2013) (http://www.law.nyu.edu/news/william-carter-jr-delivers-the-18th-annual-derrick-bell-lecture-on-the-13th-amendment)

• Clifford Scott Green Memorial Lecturer at Temple Law School, on The Promises of Freedom: The Contemporary Relevance of the Thirteenth Amendment" (March 2013)

• Inaugural Lecturer at UCLA Law School’s Scholar Lecture Series, on Affirmative Action as Government Speech (October 2011)

• Arthur W. Fiske Memorial Lecturer at CWRU Law School, on Affirmative Action as Government Speech (October 2010) (webcast available at http://law.case.edu/Lectures/Webcast.aspx?dt=20101004&type=flv)

• Presented The Use, Abuse, and Non-Use of International Law in the United States Legal Order at joint NYU Law School-Sorbonne (Paris 1) symposium in Paris, France (July 2013).  Other panelists included Joseph Weiler (NYU Law School), Vicki Jackson (Harvard Law School), Mitchell Lasser (Cornell Law School), Barry Carter (Georgetown Law School), Tom Ginsburg (University of Chicago Law School), and Helene Ruiz Fabri (Dean and Professor, Sorbonne Law School).

• Presented Defining the Badges and Incidents of Slavery and A Thirteenth Amendment Framework for Combating Racial Profiling at Cornell Law School Law & Humanities Colloquium (April 2012)

• Presented The Badges and Incidents of Slavery: Historical Context and Contemporary Application at the Association for Law, Property & Society Annual Meeting at Georgetown Law School (March 2012)

• Presented The Thirteenth Amendment and Anti-Racist Speech at Columbia Law School symposium titled “The Thirteenth Amendment: Meaning, Enforcement, and Contemporary Implications.”  Other panelists included Akhil Amar (Yale Law School), Jack Balkin (Yale Law School), Richard Delgado (Seattle Law School), Eric Foner (Columbia University), and Jamal Greene (Columbia Law School) (http://www.columbialawreview.org/information/symposium) (January 2012)

• Commentator and panelist, Harvard Law School conference titled "The Legal Parameters of Slavery: Historical to the Contemporary," co-sponsored by Harvard Law School's Charles Hamilton Houston Institute, Harvard University’s W.E.B. Dubois Institute, and Harvard's Sociology Department (August 2011)

• Presented Affirmative Action as Government Speech at a constitutional law roundtable organized by Mark Tushnet of Harvard Law School in conjunction with the American Constitution Society’s National Convention (June 2011)

• Presented A Thirteenth Amendment Framework for Combating Racial Profiling at UNC-Chapel Hill Law School (April 2011)

• Presented The Thirteenth Amendment as Intersectional Constitutionalism, UCLA Law School, Fourth Annual Critical Race Studies Symposium (March 2010).  Other panelists included Catharine MacKinnon (Univ. of Mich. Law School), Devon Carbado (UCLA Law School), and Mari Matsuda (Georgetown Law School). 

• Panelist, “Slavery, Abolition, and Human Rights: Interdisciplinary Perspectives on the Thirteenth Amendment,” University of Chicago Law School (April 2009).  The conference featured law professors, historians, and sociologists whose work focuses on the post-Civil War constitutional amendments and the legacy of slavery.  Other presenters included Geoffrey Stone (Univ. of Chicago Law School), Risa Goluboff (Univ. of Virginia Law School), and William Forbath (Univ. of Texas-Austin Law School).

• Speaker, University of Pennsylvania Law School, on the topic "The Social Responsibility of the Black Legal Community" (February 2008)

• Panelist at Organization for Security and Cooperation in Europe (OSCE) event on the topic of human rights and U.S. civil rights law.  The OSCE delegation was co-sponsored by the U.S. Department of State and the Cleveland Council on World Affairs (August 2007).

• Panelist, Association for the Study of Law, Culture, & Humanities Annual Meeting at Georgetown University Law Center, on the Thirteenth Amendment (March 2007) 

• Presented a briefing to the Congressional Human Rights Caucus at the U.S. Capitol Building regarding women’s human rights, property rights, and socioeconomic status in sub-Saharan Africa (September 2006).  Congressman Kucinich, congressional staffers, and members of the public and media attended the briefing.