This Comment argues that applying process theory as a limiting principle to an expansive substantive interpretation of the Thirteenth Amendment and uses United States agricultural guestworker policy as a case study. Viewed through a process theory lens, the Thirteenth Amendment compels Congress to revise guestworker statutes since guestworkers are unable to take advantage of democratic channels to combat employment practices that replicate slavery-like harms.
Quest, Benjamin P.
"Process Theory and Emerging Thirteenth Amendment Jurisprudence:The Case of Agricultural Guestworkers,"
University of San Francisco Law Review: Vol. 41:
2, Article 7.
Available at: https://repository.usfca.edu/usflawreview/vol41/iss2/7