Law Commons^™

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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No abstract provided.

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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February 26, 2011: The Power Of The President Not To Defend The Law, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Power of the President Not to Defend the Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Religion Anti-Discrimination And The Decline Of Labor Law, Nathan B. Oman

Popular Media

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Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David Hansen

Faculty Publications

In recent years, developing nations have pushed for international copyright and other intellectual property regimes to expand protection over the cultural heritage and collective knowledge of particular indigenous groups. These “traditional knowledge” protections have been justified by factors like economic protection, equity in intellectual property ownership, cultural protection, and economic development. These motivating factors are a far cry from the underpinnings of traditional Western intellectual property law—and in particular, U.S. copyright law—which focuses on incentivizing the creation of new content for the promotion of “the Progress of Science and useful Arts.” Because of these differing justifications, traditional knowledge protections at …

February 25, 2011: Is Unitarian Universalism The Answer?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Unitarian Universalism the Answer?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Keeping Productive On The Go, Debbie Ginsberg

Presentations

This Brown Bag covers ways to use your Kindle, iPad, and other mobile devices for work.

My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky

Faculty Scholarship

In recent years, various “gatekeeping initiatives” have been introduced through inter-governmental standard-setting organizations, such as the Financial Action Task Force, as well as through federal legislation in the United States, which seek to apply the mandatory customer due diligence, record keeping, and suspicious activity reporting obligations contained in the existing anti-money laundering regime to lawyers when they conduct certain commercial transactions on behalf of their clients. The organized bar has argued against such attempts to regulate it, in part, due to the lack of empirical data showing that, as a threshold matter, lawyers unwittingly aid money laundering in a significant …

Vol. 61, No. 6, February 24, 2011, University Of Michigan Law School

Res Gestae

•Advice for Mr. Wolverine 2011 •Poetry Contest Winners •Law & Lit •The Beer Gal •Mr. Wolverine Pictures •Grade Curves •MJIL Symposium •Question on the Quad •Crossword

The Attorney–Client Privilege And Discovery Of Electronically-Stored Information, Adjoa Linzy

Duke Law & Technology Review

The attorney-client privilege is the most sacred and important privilege in our legal system. Despite being at the center of daily practice, the privilege still remains a mystery for many lawyers. This is primarily because the privilege is not absolute, and there are certain actions or non-actions that may waive it. The application of the privilege is further complicated by electronic discovery, which has both benefits and drawbacks. On one hand, it has made the practice of law more efficient. On the other hand, it has made it easier to inadvertently waive the attorney-client privilege in response to a discovery …

Whose Rules Rule? Federal Circuit Review Of Divergent Uspto And District Court Decisions, Lisa Dolak

College of Law - Faculty Scholarship

The potential utility of reexamination in the context of patent litigation has caught the attention of litigants, commentators, and the courts.  However, concurrent litigation and reexamination proceedings proceed independently.   Thus, in any given situation involving such proceedings, there is the possibility that the Federal Circuit will encounter issues in appeals from determinations of the district court and the U.S. Patent and Trademark Office relating to the scope or validity of the same patent claims, which issues have traveled to the court on separate tracks.  And, because the courts and the USPTO approach claim construction and validity determinations differently, they can …

Virginia Bar Exam, February 2011, Section 1

Virginia Bar Exam Archive

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Virginia Bar Exam, February 2011, Section 2

Virginia Bar Exam Archive

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Arizona Free Enterprise Club's Freedom Club Pac V. Bennett, Et Al.: Brief For Amici Curiae Professors Of Constitutional And Election Law In Support Of Respondents, Ellen D. Katz

Appellate Briefs

Amici states confront significant issues of citizen confidence in both state and national governments. We wish to share our view that public financing of state elections should remain available as a tool to restore public confidence.

While specific sources of discontent vary from state to state, at the root of the problem is a sense of powerlessness among the citizenry, powerlessness in the face of large governments and other ever larger financial and business institutions. Whatever one may think of changes proposed by the Tea Party movement, its existence may be traced rather directly to the frustration of ordinary people …