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Duke Law

Faculty Scholarship

Series

2012

Constitution. 13th Amendment

Articles 1 - 3 of 3

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Thirteenth Amendment And The Regulation Of Custom, Darrell A. H. Miller Jan 2012

Thirteenth Amendment And The Regulation Of Custom, Darrell A. H. Miller

Faculty Scholarship

Custom is an underdeveloped concept in Thirteenth Amendment jurisprudence. While a substantial body of work has explored the technical meaning of custom as it applies to § 1983 and, to a lesser extent, Congress’s power to enforce the Fourteenth Amendment, few scholars have offered sustained treatment of custom as a way to understand the meaning and scope of the Thirteenth Amendment. This gap exists despite the fact that Congress specifically identified custom as a subject of regulation when it passed the Civil Rights Act of 1866 and despite the fact that the Thirteenth Amendment operates directly on the behavior of …


Racial Cartels And The Thirteenth Amendment Enforcement Power, Darrell A. H. Miller Jan 2012

Racial Cartels And The Thirteenth Amendment Enforcement Power, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Slavery In The United States: Persons Or Property?, Paul Finkelman Jan 2012

Slavery In The United States: Persons Or Property?, Paul Finkelman

Faculty Scholarship

No abstract provided.