On occasion, they may arrive "ahead of any aerial support or local fire trucks," leaving the prisons in the peak of night, when it is pitch black, arriving before dawn to the color of bright flames and intense heat. However, she and the other women of Crew 13-3 performed their duties, holding back the fire so that it did not "jump the line." This Article makes two conceptual contributions. DuVernay’s title refers to the Thirteenth Amendment to the U.S. Constitution, which abolished slavery throughout the country when it was ratified in 1865. Part II examines the preservation of slavery through the ratification of the Thirteenth Amendment and the Punishment Clause. The same is true in Arkansas, Florida, and Georgia.

Like the California inmates, Molly could not simply walk off the "job.". The specter of lynching, which included the hanging women and children, bombings of churches and homes, and arrests, succeeded in instilling a crippling fear among even the most courageous southern Blacks. Part III examines the scale of modern incarceration and forced labor. However, whether these programs represent progress by producing outcomes that benefit rather than exploit inmates or serve as a "chokehold," fitting within the narrow exception of the Thirteenth Amendment, which permits forced, uncompensated servitude or slavery of those convicted of crimes is a question that deserves debate and scrutiny. Part I establishes the framework of this Article. Rather, the rule of law in the south and lawlessness among local law enforcement frequently accommodated these transformations and innovations. The Article makes two conceptual contributions. These transformations did not outpace law.

Substantively, freedom shall not and truly cannot exist without a fundamental change in the criminal justice system, including the abolishment of the Punishment Clause. If anything, the Thirteenth Amendment's Punishment Clause may have exacerbated slavery's spread into states that had previously abolished the practice. And it is not just women who make up these fire crews-- incarcerated men comprise the bulk of those who fight California's fires.
Notwithstanding the troubling illnesses and even deaths that occur from inmates performing such dangerous tasks with limited training and incredibly low wages, such programs are perfectly legal. In other instances, inmates labor for private, multi-million and billion-dollar industries, earning very little or what might be described as "slave-like" wages. Effectively, there were no consequences for continuing slavery within the means articulated by the Thirteenth Amendment. Historically, efforts to stamp out the myriad forms of slavery--convict leasing, peonage, contract transfers, so-called "apprenticeships," and chain gangs--frequently fell short because of local collusion and complicity, weak federal interventions and protections, and violence. Of course, the text does not operate absent important actors: legislatures and courts. Of course, the text does not operate absent important actors: legislatures and courts. Cornell Law Review, Vol. These historic conditions matter today.
This made their task even more challenging. The women trudge heavy chains, saws, medical supplies, safety gear, and various other equipment into burning hillsides surrounded by intense flames.

The Article tells the story of post-slavery convict leasing; fraud and debt peonage; as well as the heinous practices imposed on children through coercive apprenticeship laws throughout the American south. The dry-air, hot-weather conditions that persist much of the year and limited rainfall create the conditions that make pockets of the state ripe for devastating wildfires.