In her latest law review article, “(Re)Birth of a Nation: Reconstruction's Unfinished Business,” published in the Michigan Journal of Race & Law, Professor Zanita E. Fenton reexamines the 13th Amendment and its implications for personal autonomy. She argues that the principle of self-ownership is inherent in the amendment and that its original meaning protects individual autonomy in matters of sexuality and reproduction.
Fenton grounds her analysis in the history of Harriet Robinson Scott, whose experiences provided important context for the infamous Dred Scott v. Sandford decision. Through this lens, she examines how antebellum marriage laws operated as interconnected systems of oppression, reinforcing both gender inequality and slavery.
Drawing connections between history and contemporary legal and social issues, the article identifies three modern forms of bodily exploitation. First, Fenton describes sex trafficking as a continuing form of modern slavery. Second, she argues that the criminalization of prostitution can perpetuate conditions that enable sex trafficking and reflects enduring legacies of systems that mandated sexual servitude. Third, she contends that state control over reproduction echoes the forced breeding practices that were central to antebellum domestic slave markets.
Fenton teaches Family Law, Torts, Race and the Law, Constitutional Law, and seminars on Critical Race Feminism and Women and the Law Stories. Her research focuses on structural inequality and systems of subordination based on race, gender, and class. She examines these issues within the broader contexts of violence and justice. A longtime advocate for survivors of domestic abuse, she continues to consult and write on these related topics.
