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Full-Text Articles in Law
Slavery In The United States: Persons Or Property?, Paul Finkelman
Slavery In The United States: Persons Or Property?, Paul Finkelman
Faculty Scholarship
No abstract provided.
Racial Cartels And The Thirteenth Amendment Enforcement Power, Darrell A. H. Miller
Racial Cartels And The Thirteenth Amendment Enforcement Power, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
Thirteenth Amendment And The Regulation Of Custom, Darrell A. H. Miller
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 …