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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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