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Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu Oct 2024

Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu

William & Mary Journal of Race, Gender, and Social Justice

Restorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. …


Checking Out Indefinitely: Supporting Survivors Of Sex Trafficking Alongside Training And Education For Lodging Employees, Alyssa M. Grzesiak Oct 2022

Checking Out Indefinitely: Supporting Survivors Of Sex Trafficking Alongside Training And Education For Lodging Employees, Alyssa M. Grzesiak

William & Mary Journal of Race, Gender, and Social Justice

There are roughly five million victims of sex trafficking in the United States. Over the course of a decade, over 3,500 instances of human trafficking involved a hotel or motel. Traffickers are relying on unaware lodging establishment employees, as well as complicit employees and managers, to successfully carry out their crimes. Despite the vital role the lodging industry plays in human trafficking, only seven states have implemented mandatory training for hotel and motel employees. This Note posits that the implementation of mandatory training and education programs for employees of lodging establishments could increase awareness and responsiveness to human trafficking, thus …


Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson Jun 2021

Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson

William & Mary Journal of Race, Gender, and Social Justice

The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.


Relieved Of All Punishment By Human Hands: The Status Of International Criminal Convictions, Dorothy M. Canevari Mar 2021

Relieved Of All Punishment By Human Hands: The Status Of International Criminal Convictions, Dorothy M. Canevari

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte Mar 2021

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

William & Mary Journal of Race, Gender, and Social Justice

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …


Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae Jun 2019

Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu Apr 2019

Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid Mar 2018

Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid

William & Mary Journal of Race, Gender, and Social Justice

This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.


Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis Mar 2018

Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


One Step Forward, But Two Steps Back: Why Gacaca In Rwanda Is Jeopardizing The Good Effect Of Akayesu On Women's Rights, Brittany A. Olwine Apr 2011

One Step Forward, But Two Steps Back: Why Gacaca In Rwanda Is Jeopardizing The Good Effect Of Akayesu On Women's Rights, Brittany A. Olwine

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda H. Barnhart Oct 2009

Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda H. Barnhart

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio Feb 2006

Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps Feb 2006

Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Somebody's Daughter: The Domestic Trafficking Of Girls For The Commercial Sex Industry And The Power Of Love, Cheryl Hanna Oct 2002

Somebody's Daughter: The Domestic Trafficking Of Girls For The Commercial Sex Industry And The Power Of Love, Cheryl Hanna

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.