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Full-Text Articles in Law

Welfare Servitude, Julie Nice Dec 1993

Welfare Servitude, Julie Nice

Julie A. Nice

In Welfare Servitude, Professor Nice considers whether mandating work as a condition for receiving welfare violates the Thirteenth Amendment’s prohibition of involuntary servitude and also explores the recurring intersection between race and class. She first describes the redoubling of efforts to increase enforcement of welfare work requirements once racial minorities were no longer excluded from receiving welfare benefits. Next she analyzes judicial decisions construing what constitutes involuntary servitude, including historic cases addressing indentured servitude, the padrone system, peonage, and the surety system, as well as modern cases challenging various welfare work requirements. Professor Nice distills three doctrinal types of involuntary …


Foreword: The Jurisprudence Of Reconstruction, Angela Harris Dec 1993

Foreword: The Jurisprudence Of Reconstruction, Angela Harris

Angela P Harris

No abstract provided.


Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman Dec 1993

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman

Peter Siegelman

No abstract provided.


A Moral Justification For Gay And Lesbian Civil Rights Legislation, Vincent Samar Dec 1993

A Moral Justification For Gay And Lesbian Civil Rights Legislation, Vincent Samar

Vincent Samar

This essay explores, in two parts, the problems of justifying civil rights legislation for gays, lesbians, and bisexuals. Part I shows that discrimination against gays and lesbians at least in respect to employment, housing, and public accommodations is an evil unsupported by ethical traditions in utilitarianism, rights theory, and communitarianism. It also shows that two theories, Kantian theory and natural law theory, which do support such discrimination on the claim that homoerotic behavior is universally or objectively immoral only do so because of a failure to make precise the concept of "natural" which underlies those theories. Part II argues that …