James Gray Pope

Rutgers Law School

Professor

NJ

United States

SCHOLARLY PAPERS

21

DOWNLOADS
Rank 9,801

SSRN RANKINGS

Top 9,801

in Total Papers Downloads

4,406

CITATIONS
Rank 11,274

SSRN RANKINGS

Top 11,274

in Total Papers Citations

36

Ideas:
“  I'm currently working on mass incarceration and the Thirteenth Amendment. My findings to date indicate that the Amendment, interpreted in accord with standard methods, appears to prohibit many aspects of mass incarceration. This conclusion conflicts with the near-consensus, embraced not only by conservatives but also by liberals and progressives, that the Amendment affirmatively authorizes mass incarceration.  ”

Scholarly Papers (21)

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 679 (34,396)

Abstract:

Loading...

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 485 (53,164)

Abstract:

Loading...

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 385 (70,423)
Citation 7

Abstract:

Loading...

labor, strikes, economic due process

4.

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 318 (87,799)

Abstract:

Loading...

Thirteenth Amendment, original meaning, labor, workers' rights

5.

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 304 (92,269)
Citation 7

Abstract:

Loading...

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

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 261 (108,622)

Abstract:

Loading...

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 256 (110,821)

Abstract:

Loading...

Trafficking, Slavery, Involuntary Servitude, Prostitution, Sex Work

8.

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 196 (143,963)

Abstract:

Loading...

9.

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 180 (155,708)
Citation 7

Abstract:

Loading...

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

10.

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 179 (156,505)

Abstract:

Loading...

Constitutional Law, Race, Class, Economic Inequality, Reconstruction

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 169 (164,646)
Citation 2

Abstract:

Loading...

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 165 (168,090)
Citation 1

Abstract:

Loading...

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

13.

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 149 (183,218)
Citation 4

Abstract:

Loading...

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

14.

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 135 (198,490)

Abstract:

Loading...

legal history, individual rights, courts, constitutional theory

15.

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 112 (228,791)

Abstract:

Loading...

Labor, Workers' Rights, Thirteenth Amendment, Labor Unions

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 101 (245,999)

Abstract:

Loading...

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

17.

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 83 (278,849)

Abstract:

Loading...

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

18.

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 83 (278,849)

Abstract:

Loading...

labor, legal pluralism, social movements, jurisgenesis

19.

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 82 (280,876)

Abstract:

Loading...

Labor, Rational Choice, Constitutive Choice

20.

The Right to Strike

Boston Review, Forum 2, 2017, at 107
Number of pages: 18 Posted: 22 Nov 2017
James Gray Pope, Ed Bruno and Peter Kellman
Rutgers Law School, National Nurses Organizing Committee and Southern Maine Labor Council
Downloads 45 (379,513)
Citation 8

Abstract:

Loading...

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

21.

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 39 (400,751)

Abstract:

Loading...

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