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The Thirteenth Amendment: Modern Slavery, Capitalism, And Mass Incarceration, Michele Goodwin May 2019

The Thirteenth Amendment: Modern Slavery, Capitalism, And Mass Incarceration, Michele Goodwin

Cornell Law Review

Slavery's preservation in the United State can-in part-be explained by its fluid transformations, which continuously exacted economic gains, preserved southern social order, and inured benefits to private parties as well as the state. These transformations did not outpace law. Rather, the rule of law in the south and lawlessness among local law enforcement frequently accommodated these transformations and innovations. Historically, efforts to stamp out the myriad forms of slavery-convict leasing, peonage, contract transfers, so-called "apprenticeships," and chain gangs-frequently fell short because of local collusion and complicity, weak federal interventions and protections, and violence. The specter of lynching, which included the …


Divide & Concur: Separate Opinions & Legal Change, Thomas B. Bennett, Barry Friedman, Andrew D. Martin, Susan Navarro Smelcer May 2018

Divide & Concur: Separate Opinions & Legal Change, Thomas B. Bennett, Barry Friedman, Andrew D. Martin, Susan Navarro Smelcer

Cornell Law Review

To the extent concurring opinions elicit commentary at all, it is largely contempt. They are condemned for muddying the clarity of the law, fracturing the court, and diminishing the authoritative voice of the majority. But what if this neglect, or even disdain, of concurring opinions is off the mark? In this article, we argue for the importance of concurring opinions, demonstrating how they serve as the pulse and compass of legal change. Concurring opinions let us know what is happening below the surface of the law, thereby encouraging litigants to push the law in particular directions. This is particularly true …


A Social History Of Everyday Practice: Sadie T.M. Alexander And The Incorporation Of Black Women Into The American Legal Profession, 1925-1960, Kenneth Walter Mack Jan 2002

A Social History Of Everyday Practice: Sadie T.M. Alexander And The Incorporation Of Black Women Into The American Legal Profession, 1925-1960, Kenneth Walter Mack

Cornell Law Review

No abstract provided.


Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz Jan 2000

Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz

Cornell Law Review

No abstract provided.


Into Evidence , Steven Lubet Nov 1995

Into Evidence , Steven Lubet

Cornell Law Review

No abstract provided.


Logic And Coercion In Bentham’S Theory Of Law, David Lyons Feb 1972

Logic And Coercion In Bentham’S Theory Of Law, David Lyons

Cornell Law Review

No abstract provided.


Government Of Business Corporations Critical Reflections On The Rule Of One Share One Vote, David L. Ratner Nov 1970

Government Of Business Corporations Critical Reflections On The Rule Of One Share One Vote, David L. Ratner

Cornell Law Review

No abstract provided.


Holy Bible And The Public Schools , Robert Fairchild Cushman Mar 1955

Holy Bible And The Public Schools , Robert Fairchild Cushman

Cornell Law Review

No abstract provided.


Short History Of Rent Control Laws , John W. Willis Sep 1950

Short History Of Rent Control Laws , John W. Willis

Cornell Law Review

No abstract provided.


American Law Institute Vs. The Supreme Court , Joseph W. Bingham Apr 1936

American Law Institute Vs. The Supreme Court , Joseph W. Bingham

Cornell Law Review

No abstract provided.


Property And Sovereignty, Morris R. Cohen Dec 1927

Property And Sovereignty, Morris R. Cohen

Cornell Law Review

No abstract provided.