OnLabor

Law. Workers. Organizing.

Tag:Thirteenth Amendment

Progressive Reform or Constitutional Violation? Thirteenth Amendment Questions at the Heart of Criminal Justice Debt Reforms

In the past few years, criminal justice debt has received growing attention from legal scholars and advocates. The term “criminal justice debt,” also known as “legal financial obligations (LFOs)” or simply “fines and fees,” refers to the financial obligations imposed on individuals accused or convicted of a crime or infraction as they navigate the criminal […]

When Is Forced Labor Consistent with the General Basic System of Free Labor? An Analysis of Historical Judge-Made Exceptions to the Thirteenth Amendment

Advocates challenging forced labor practices are largely relying on the Trafficking Victims Protective Act (TVPA). However, as Leora Smith noted, the Thirteenth Amendment is “[l]urking in the background of [these] case[s].” Smith posits that advocates may be reluctant to bring Thirteenth Amendment claims due to the complicated case law around what constitutes “involuntary servitude.” These […]

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