Peonage and contractual liberty

Columbia Law Review

Volumn 101, Issue 2, 2001, Pages 351-

  Huq, Aziz Z ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0042337197     PISSN: 00101958     EISSN: None     Source Type: Journal    
DOI: 10.2307/1123802     Document Type: Article

References (9)

1. "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." U.S. Const. amend. XIII, § 1.
2. See Douglas L. Colbert, Liberating the Thirteenth Amendment, 30 Harv. C.R.-C.L. L. Rev. 1, 2 (1995) (arguing that "constitutional law professors view the Amendment as having historical meaning only"); Lauren Kares, Note, The Unlucky Thirteenth: A Constitutional Amendment in Search of a Doctrine, 80 Cornell L. Rev. 372, 372 (1995) (asserting that "the Thirteenth Amendment is notable for its lack of a coherent jurisprudence").
3. See Douglas L. Colbert, Liberating the Thirteenth Amendment, 30 Harv. C.R.-C.L. L. Rev. 1, 2 (1995) (arguing that "constitutional law professors view the Amendment as having historical meaning only"); Lauren Kares, Note, The Unlucky Thirteenth: A Constitutional Amendment in Search of a Doctrine, 80 Cornell L. Rev. 372, 372 (1995) (asserting that "the Thirteenth Amendment is notable for its lack of a coherent jurisprudence").
4. On the political context of the Thirteenth Amendment's drafting and ratification, see Guyora Binder, Did the Slaves Author the Thirteenth Amendment? An Essay in Redemptive History, 5 Yale J.L. & Human. 471, 484-87 (1993) (describing the role of the slaves' values in the elaboration of the Thirteenth Amendment); William E. Forbath, Caste, Class, and Equal Citizenship, 98 Mich. L. Rev. 1, 27 (1999) [hereinafter Forbath, Caste, Class, and Equal Citizenship] (noting that "Republicans . . . celebrated the Thirteenth Amendment as a charter of free labor"); Lea S. Vandervelde, The Labor Vision of the Thirteenth Amendment, 138 U. Pa. L. Rev. 437, 438 (1989) (noting that many congressmen "envisioned the [Thirteenth] Amendment as a charter for labor freedom"). On the persistence of racial inequality, see Chuck Collins & Felice Yeskel, Economic Apartheid in America: A Primer on Economic Inequality and Insecurity 43-46 (1999) (quantifying the racial component of economic inequality in the United States); William Julius Wilson, The Bridge over the Racial Divide: Rising Inequality and Coalition Politics 12-39 (1999) (reviewing the role of race in rising economic inequality).
5. On the political context of the Thirteenth Amendment's drafting and ratification, see Guyora Binder, Did the Slaves Author the Thirteenth Amendment? An Essay in Redemptive History, 5 Yale J.L. & Human. 471, 484-87 (1993) (describing the role of the slaves' values in the elaboration of the Thirteenth Amendment); William E. Forbath, Caste, Class, and Equal Citizenship, 98 Mich. L. Rev. 1, 27 (1999) [hereinafter Forbath, Caste, Class, and Equal Citizenship] (noting that "Republicans . . . celebrated the Thirteenth Amendment as a charter of free labor"); Lea S. Vandervelde, The Labor Vision of the Thirteenth Amendment, 138 U. Pa. L. Rev. 437, 438 (1989) (noting that many congressmen "envisioned the [Thirteenth] Amendment as a charter for labor freedom"). On the persistence of racial inequality, see Chuck Collins & Felice Yeskel, Economic Apartheid in America: A Primer on Economic Inequality and Insecurity 43-46 (1999) (quantifying the racial component of economic inequality in the United States); William Julius Wilson, The Bridge over the Racial Divide: Rising Inequality and Coalition Politics 12-39 (1999) (reviewing the role of race in rising economic inequality).
6. On the political context of the Thirteenth Amendment's drafting and ratification, see Guyora Binder, Did the Slaves Author the Thirteenth Amendment? An Essay in Redemptive History, 5 Yale J.L. & Human. 471, 484-87 (1993) (describing the role of the slaves' values in the elaboration of the Thirteenth Amendment); William E. Forbath, Caste, Class, and Equal Citizenship, 98 Mich. L. Rev. 1, 27 (1999) [hereinafter Forbath, Caste, Class, and Equal Citizenship] (noting that "Republicans . . . celebrated the Thirteenth Amendment as a charter of free labor"); Lea S. Vandervelde, The Labor Vision of the Thirteenth Amendment, 138 U. Pa. L. Rev. 437, 438 (1989) (noting that many congressmen "envisioned the [Thirteenth] Amendment as a charter for labor freedom"). On the persistence of racial inequality, see Chuck Collins & Felice Yeskel, Economic Apartheid in America: A Primer on Economic Inequality and Insecurity 43-46 (1999) (quantifying the racial component of economic inequality in the United States); William Julius Wilson, The Bridge over the Racial Divide: Rising Inequality and Coalition Politics 12-39 (1999) (reviewing the role of race in rising economic inequality).
7. On the political context of the Thirteenth Amendment's drafting and ratification, see Guyora Binder, Did the Slaves Author the Thirteenth Amendment? An Essay in Redemptive History, 5 Yale J.L. & Human. 471, 484-87 (1993) (describing the role of the slaves' values in the elaboration of the Thirteenth Amendment); William E. Forbath, Caste, Class, and Equal Citizenship, 98 Mich. L. Rev. 1, 27 (1999) [hereinafter Forbath, Caste, Class, and Equal Citizenship] (noting that "Republicans . . . celebrated the Thirteenth Amendment as a charter of free labor"); Lea S. Vandervelde, The Labor Vision of the Thirteenth Amendment, 138 U. Pa. L. Rev. 437, 438 (1989) (noting that many congressmen "envisioned the [Thirteenth] Amendment as a charter for labor freedom"). On the persistence of racial inequality, see Chuck Collins & Felice Yeskel, Economic Apartheid in America: A Primer on Economic Inequality and Insecurity 43-46 (1999) (quantifying the racial component of economic inequality in the United States); William Julius Wilson, The Bridge over the Racial Divide: Rising Inequality and Coalition Politics 12-39 (1999) (reviewing the role of race in rising economic inequality).
8. On the political context of the Thirteenth Amendment's drafting and ratification, see Guyora Binder, Did the Slaves Author the Thirteenth Amendment? An Essay in Redemptive History, 5 Yale J.L. & Human. 471, 484-87 (1993) (describing the role of the slaves' values in the elaboration of the Thirteenth Amendment); William E. Forbath, Caste, Class, and Equal Citizenship, 98 Mich. L. Rev. 1, 27 (1999) [hereinafter Forbath, Caste, Class, and Equal Citizenship] (noting that "Republicans . . . celebrated the Thirteenth Amendment as a charter of free labor"); Lea S. Vandervelde, The Labor Vision of the Thirteenth Amendment, 138 U. Pa. L. Rev. 437, 438 (1989) (noting that many congressmen "envisioned the [Thirteenth] Amendment as a charter for labor freedom"). On the persistence of racial inequality, see Chuck Collins & Felice Yeskel, Economic Apartheid in America: A Primer on Economic Inequality and Insecurity 43-46 (1999) (quantifying the racial component of economic inequality in the United States); William Julius Wilson, The Bridge over the Racial Divide: Rising Inequality and Coalition Politics 12-39 (1999) (reviewing the role of race in rising economic inequality).
9. See United States v. Reynolds, 235 U.S. 133 (1914); Bailey v. Alabama, 219 U.S. 219 (1911).