The Thirteenth Amendment and Access to Education for Children of Undocumented Workers: A New Look at Plyler v. Doe
Maria Linda Ontiveros
University of San Francisco - School of Law
Joshua R. Drexler
affiliation not provided to SSRN
University of San Francisco Law Review, Vol. 42, No. 1045, 2008
Univ. of San Francisco Law Research Paper No. 2009-05
This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.
Number of Pages in PDF File: 33
Keywords: education, undocumented children, plyler, thirteenth amendment, immigration, constitutionAccepted Paper Series
Date posted: September 27, 2007 ; Last revised: February 23, 2012
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