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The Thirteenth Amendment and Access to Education for Children of Undocumented Workers: A New Look at Plyler v. DoeMaria Linda OntiverosUniversity of San Francisco - School of Law Joshua R. Drexleraffiliation not provided to SSRN Spring 2007 University of San Francisco Law Review, Vol. 42, No. 1045, 2008 Univ. of San Francisco Law Research Paper No. 2009-05 Abstract: 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, constitution Accepted Paper SeriesDate posted: September 27, 2007 ; Last revised: February 23, 2012Suggested CitationContact Information
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