104 Cornell L. Rev. 899 (2018-2019)
The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration

handle is hein.journals/clqv104 and id is 933 raw text is: 




         THE THIRTEENTH AMENDMENT:
      MODERN SLAVERY, CAPITALISM, AND
                MASS INCARCERATION

                      Michele Goodwint


INTRODUCTION  ...........................................  900
   I. A PRODIGIOUS CYCLE: PRESERVING THE PAST THROUGH
      THE  PRESENT  .....................................  909
   II. PRESERVATION THROUGH TRANSFORMATION: POLICING,
      SLAVERY, AND EMANCIPATION ........................ 922
      A. Conditioned Abolition ........................ 923
      B. The Punishment Clause: Slavery's Preservation
          Through Transformation ...................... 928
       C. Re-appropriation and Transformation of Black
          Labor Through Black Codes, Crop Liens,
          Lifetime Labor, Debt Peonage, and Jim Crow.. 933
          1.  Black Codes  ..............................  935
          2.  Convict Leasing ...........................  941
          3. Coercion, Fraud, and Debt Peonage ........ 946
          4. Children and Binding Out: Apprenticeship
              Law s .....................................  949
          5.  Conclusion ................................  950
  III. MODERN SLAVERY'S TRANSFORMATIONS ............... 952
      A. Incarceration and Preservation ................ 953
      B. Transformation Through Perversity and
          Com  plicity ................................... 960
          1. Federal Prisons and Labor ................. 967
          2.  State Prisons .............................. 968
       C. The Rise of Privatized Prisons ................. 970
       D. Conclusion  ...................................  975
  IV. REFORMING AND TRANSFORMING ..................... 975

  t Michele Goodwin, Chancellor's Professor of Law, is the Founding Director
of the Center for Biotechnology and Global Health Policy at the University of
California, Irvine. The author is grateful to the editors of the CorneU Law Review,
to colleagues Dan Deacon, Kaaryn Gustafson. and Leah Litman for their valuable
comments, and to Stephanie Funk and Desiree Murray for their research assis-
tance. The author also wishes to highlight in gratitude the forthcoming compan-
ion articles, articulating innovative approaches to the Thirteenth Amendment,
penned by Professors Seth Davis, Dov Fox, Leah Litman, and George Rutherglen
and also published by the Cornell Law Review. She is additionally grateful to the
law libraries at the University of Virginia Law School, where much of the editing
for this work occurred, and the University of California, Irvine.
                              899

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