Law Commons^™

The Impact Of The Thirteenth Amendment On The Common Law, David S. Bogen

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Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

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The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.

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This article explores the gap between the Thirteenth Amendment's promise and its implementation.

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain

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Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers

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The 13th Amendment affords two very different visions. One vision limits the 13th Amendment’s scope to ending slavery and involuntary servitude without more. The second expands the 13th Amendment’s scope to include an anti-subordination principle. Proponents of both visions rely on originalism to support their visions. Unfortunately, originalism does not help us reach a clearly correct conclusion regarding the scope of the 13th Amendment.

That is fine, because the core question regarding the interpretation of the 13th Amendment ought to be whether the amendment is constitutionally transformative. That is, does the 13th Amendment announce a constitutional principle that requires that …

Getting Right Without Lincoln, Daniel W. Hamilton

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This short piece is taken from a review of the three important books considered below. This review is part of my current exploration of the historiography of slavery and the Constitution in Civil War legal history.

Brian McGinty, Lincoln and the Court; Stephen C. Neff, Justice in Blue and Gray: A Legal History of the Civil War; Lea VanderVelde, Mrs. Dred Scott: A Life on Slavery’s Frontier

The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros

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[Features Of Conventional Scholarly Wisdom About The Thirteenth Amendment], Pamela Brandwein

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Liberalism, The Thirteenth Amendment, And The Seeds Of Destruction Of Reconstruction, Leslie F. Goldstein

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Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis

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The Thirteenth Amendment And Constitutional Theory, Earl Maltz

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The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

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States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman

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Contract, Race, And Freedom Of Labor In The Constitutional Law Of "Involuntary Servitude", James G. Pope

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The Supreme Court has yet to adopt and apply a standard for assessing labor rights claims under the involuntary servitude clause. This article suggests that one may be found in the leading decision of Pollock v. Williams (1944), which contains the Court’s most thorough discussion of the interpretive issues. Under Pollock, a claimed right should be protected if it is necessary to provide workers with the “power below” and employers the “incentive above” to prevent “a harsh overlordship or unwholesome conditions of work.” Although this is not the only conceivable standard, it does fit well with the text, history, and …

The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski

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James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow

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A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde

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The Reconstruction Power, Jack M. Balkin

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Slavery And The Phenomenology Of Torture, Sanford Levinson

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Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict

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