James Gray Pope

Rutgers Law School

Professor

Newark, NJ

United States

SCHOLARLY PAPERS

22

DOWNLOADS
Rank 10,005

SSRN RANKINGS

Top 10,005

in Total Papers Downloads

5,188

SSRN CITATIONS

8

CROSSREF CITATIONS

26

Scholarly Papers (22)

1.

A Brief History of United States Labor and Employment Law

3 The Oxford International Encyclopedia of Legal History 477-86 (Stanley N. Katz ed.) (2009), Rutgers School of Law-Newark Research Paper No. 122
Number of pages: 11 Posted: 06 Apr 2014 Last Revised: 14 Jun 2016
James Gray Pope
Rutgers Law School
Downloads 771 (35,473)
Citation 2

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Labor, Employment

2.

Snubbed Landmark: Why United States v. Cruikshank (1876) Belongs at the Heart of the American Constitutional Canon

Harvard Civil Rights - Civil Liberties Law Review (CR-CL), Vol. 49, pp. 385-447, 2014, Rutgers School of Law-Newark Research Paper No. 133
Number of pages: 81 Posted: 24 Oct 2013 Last Revised: 21 Jun 2014
James Gray Pope
Rutgers Law School
Downloads 567 (53,340)

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Reconstruction Amendments, Race, Class, Pedagogical Canon, Popular Constitutionalism, Paramilitary Insurrection

3.

How American Workers Lost the Right to Strike, and Other Tales

Michigan Law Review, Vol. 103, pp. 518-53, 2005, Rutgers School of Law-Newark Research Paper No. 009
Number of pages: 37 Posted: 03 Feb 2006 Last Revised: 07 Jun 2009
James Gray Pope
Rutgers Law School
Downloads 405 (80,646)

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labor, strikes, economic due process

4.

The Thirteenth Amendment Versus the Commerce Clause: Labor and the Shaping of the Post-New Deal Constitutional Order, 1921-1957

Columbia Law Review, Vol. 102, 2002, Rutgers School of Law-Newark Research Papers No. 015
Number of pages: 123 Posted: 21 May 2002
James Gray Pope
Rutgers Law School
Downloads 355 (93,876)
Citation 2

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Thirteenth Amendment, Commerce Clause, New Deal Constitutional Revolution, Norris-LaGuardia Act, Wagner Act, Taft-Hartley Act, right to strike, lawmaking from below, jurisgenesis

5.

Contract, Race and Freedom of Labor in the Constitutional Law of 'Involuntary Servitude'

Yale Law Journal, Vol. 119, pp. 1474-1567, 2010, Rutgers School of Law-Newark Research Papers No. 054
Number of pages: 94 Posted: 22 Sep 2009 Last Revised: 26 Apr 2010
James Gray Pope
Rutgers Law School
Downloads 344 (97,342)
Citation 2

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Thirteenth Amendment, original meaning, labor, workers' rights

6.

The Employee Free Choice Act and a Strategy for Winning Workers' Rights

Working USA: The Journal of Labor and Society, pp. 125-144, March 2008, Rutgers School of Law-Newark Research Papers No. 061
Number of pages: 21 Posted: 27 Mar 2008 Last Revised: 20 Nov 2017
James Gray Pope, Peter Kellman and Ed Bruno
Rutgers Law School, Southern Maine Labor Council and National Nurses Organizing Committee
Downloads 280 (121,725)

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labor, constitutional rights, social movements, legislation

7.

A Free Labor Approach to Human Trafficking

University of Pennsylvania Law Review, Vol. 158, pp. 1849-1875, 2010, Rutgers School of Law-Newark Research Paper No. 089
Number of pages: 28 Posted: 19 Sep 2010
James Gray Pope
Rutgers Law School
Downloads 272 (125,464)

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Trafficking, Slavery, Involuntary Servitude, Prostitution, Sex Work

8.

Why Is There No Socialism in the United States? Law and the Racial Divide in the American Working Class, 1676-1964

94 Texas L. Rev. 1555-90 (2016).
Number of pages: 36 Posted: 10 Mar 2016 Last Revised: 07 Aug 2016
James Gray Pope
Rutgers Law School
Downloads 266 (128,492)

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Constitutional Law, Race, Class, Economic Inequality, Reconstruction

9.

The Right to Strike Under the United States Constitution: Theory, Practice, and Possible Implications for Canada

Canadian Labour and Employment Law Journal, Vol. 15, 2010, Rutgers School of Law-Newark Research Paper No. 066
Number of pages: 29 Posted: 02 Apr 2010
James Gray Pope
Rutgers Law School
Downloads 208 (163,196)
Citation 1

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10.

Labor's Constitution of Freedom

Yale Law Journal, Vol. 106, pp. 941-1031, 1997
Number of pages: 92 Posted: 12 Jun 2010
James Gray Pope
Rutgers Law School
Downloads 207 (163,910)

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Constitutional Law, Popular Constitutionalism, Workers' Rights, Human Rights, Labor Law, Social Movements

11.

Worker Lawmaking, Sit-Down Strikes, and the Shaping of American Industrial Relations, 1935-1958

Law and History Review, Vol. 24, pp. 45-113, 2006
Number of pages: 70 Posted: 03 Feb 2006 Last Revised: 17 Jun 2018
James Gray Pope
Rutgers Law School
Downloads 181 (185,369)

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social movements, legal pluralism, labor, strikes, jurisgenesis, self-help

12.

Next-Wave Organizing and the Transition to a New Paradigm of Labor Law

New York Law School Law Review, Vol. 50, pp. 515-59, 2006, Rutgers School of Law-Newark Research Paper No. 013
Number of pages: 47 Posted: 06 Nov 2006 Last Revised: 07 Jun 2009
James Gray Pope
Rutgers Law School
Downloads 172 (193,831)

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labor, strikes, social movements, trade unions, freedom of association, labor organizing

13.

Mass Incarceration, Convict Leasing, and the Thirteenth Amendment: A Revisionist View

94 N.Y.U. L. 1465-1554 (2019), Rutgers Law School Research Paper
Number of pages: 90 Posted: 24 Jul 2019 Last Revised: 24 Dec 2019
James Gray Pope
Rutgers Law School
Downloads 167 (198,858)

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Thirteenth Amendment, Mass Incarceration, Convict Leasing, Prison Servitude, Convict Race, Involuntary Servitude, Badges and Incidents of Slavery

14.

Republican Moments: The Role of Direct Popular Power in the American Constitutional Order

University of Pennsylvania Law Review, Vol. 139, No. 2, 1990, Rutgers School of Law-Newark Research Papers No. 052
Number of pages: 169 Posted: 15 Jun 2009 Last Revised: 19 Dec 2017
James Gray Pope
Rutgers Law School
Downloads 161 (205,105)

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constitutional law, popular constitutionalism, freedom of assembly, statutory interpretation, liberal pluralism

15.

The Auto-Lite Strike and the Fight Against Wage Slavery

University of Toledo Law Review, Vol. 38, No. 3, 2007
Number of pages: 18 Posted: 27 Mar 2008
Rebecca E. Zietlow and James Gray Pope
University of Toledo College of Law and Rutgers Law School
Downloads 144 (224,915)
Citation 1

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legal history, individual rights, courts, constitutional theory

16.

What's Different About the Thirteenth Amendment, and Why Does It Matter?

Maryland Law Review, Vol. 71, pp. 189-202, 2011, Rutgers School of Law-Newark Research Paper
Number of pages: 14 Posted: 12 Sep 2012 Last Revised: 13 Sep 2012
James Gray Pope
Rutgers Law School
Downloads 138 (232,657)
Citation 1

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Thirteenth Amendment, Constitutional Law, Constitutional Interpretation, Individual Rights, Slavery, Involuntary Servitude

17.

Free Labor Today

New Labor Forum, Spring 2007, pp. 8-18, Rutgers School of Law-Newark Research Paper No. 067
Number of pages: 12 Posted: 05 Jun 2010 Last Revised: 16 Apr 2013
James Gray Pope, Peter Kellman and Ed Bruno
Rutgers Law School, Southern Maine Labor Council and National Nurses Organizing Committee
Downloads 130 (243,832)

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Labor, Workers' Rights, Thirteenth Amendment, Labor Unions

18.

Section 1 of the Thirteenth Amendment and the Badges and Incidents of Slavery

65 UCLA Law Review 426-86 (2018)
Number of pages: 62 Posted: 27 Jun 2017 Last Revised: 15 May 2018
James Gray Pope
Rutgers Law School
Downloads 114 (268,830)

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Thirteenth Amendment, Badges & Incidents of Slavery, Disparate Impact, Affirmative Action, Abortion Rights, Gender Equality

19.

Class Conflicts of Law I: Unilateral Worker Lawmaking versus Unilateral Employer Lawmaking in the U.S. Workplace

Buffalo Law Review, Vol. 56, No. 4, 2008, Rutgers School of Law-Newark Research Papers No. 051
Number of pages: 34 Posted: 03 Jun 2009
James Gray Pope
Rutgers Law School
Downloads 92 (310,570)

Abstract:

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labor, legal pluralism, social movements, jurisgenesis

20.

Class Conflicts of Law II: Solidarity, Entrepreneurship, and the Deep Agenda of the Obama NLRB

Buffalo Law Review, Vol. 57, No. 3, Rutgers School of Law-Newark Research Papers No. 056
Number of pages: 34 Posted: 28 Sep 2009 Last Revised: 12 Nov 2009
James Gray Pope
Rutgers Law School
Downloads 88 (319,298)

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Labor, Rational Choice, Constitutive Choice

21.

The Right to Strike and the Perils of Exclusive Representation

Boston Review, Forum 2, 2017, at 107
Number of pages: 18 Posted: 22 Nov 2017 Last Revised: 02 Oct 2019
James Gray Pope, Ed Bruno and Peter Kellman
Rutgers Law School, National Nurses Organizing Committee and Southern Maine Labor Council
Downloads 80 (338,270)

Abstract:

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Labor, Constitutional Rights, Legislation, Trade Unions, Social Movements

22.

The Thirteenth Amendment at the Intersection of Class and Gender: Robertson v. Baldwin's Exclusion of Infants, Lunatics, Women, and Seamen

Seattle University Law Review, Vol. 39, No. Spring, 2016
Number of pages: 26 Posted: 09 Jun 2016
James Gray Pope
Rutgers Law School
Downloads 46 (444,869)

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Thirteenth Amendment, gender, class, battered women, child abuse, seamen, involuntary servitude, slavery