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Articles 1 - 20 of 20
Full-Text Articles in Law
The Impact Of The Thirteenth Amendment On The Common Law, David S. Bogen
The Impact Of The Thirteenth Amendment On The Common Law, David S. Bogen
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No abstract provided.
Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward
Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward
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No abstract provided.
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
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
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain
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No abstract provided.
Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers
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
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
The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros
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No abstract provided.
[Features Of Conventional Scholarly Wisdom About The Thirteenth Amendment], Pamela Brandwein
[Features Of Conventional Scholarly Wisdom About The Thirteenth Amendment], Pamela Brandwein
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No abstract provided.
Liberalism, The Thirteenth Amendment, And The Seeds Of Destruction Of Reconstruction, Leslie F. Goldstein
Liberalism, The Thirteenth Amendment, And The Seeds Of Destruction Of Reconstruction, Leslie F. Goldstein
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No abstract provided.
Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis
Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis
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No abstract provided.
The Thirteenth Amendment And Constitutional Theory, Earl Maltz
The Thirteenth Amendment And Constitutional Theory, Earl Maltz
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No abstract provided.
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
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No abstract provided.
States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman
States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman
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No abstract provided.
Contract, Race, And Freedom Of Labor In The Constitutional Law Of "Involuntary Servitude", James G. Pope
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
The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski
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No abstract provided.
James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow
James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow
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No abstract provided.
A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde
A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde
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No abstract provided.
The Reconstruction Power, Jack M. Balkin
Slavery And The Phenomenology Of Torture, Sanford Levinson
Slavery And The Phenomenology Of Torture, Sanford Levinson
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No abstract provided.
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
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No abstract provided.