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Process Theory And Emerging Thirteenth Amendment Jurisprudence:The Case Of Agricultural Guestworkers, Benjamin P. Quest

University of San Francisco Law Review

This Comment argues that applying process theory as a limiting principle to an expansive substantive interpretation of the Thirteenth Amendment and uses United States agricultural guestworker policy as a case study. Viewed through a process theory lens, the Thirteenth Amendment compels Congress to revise guestworker statutes since guestworkers are unable to take advantage of democratic channels to combat employment practices that replicate slavery-like harms.