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Articles 1 - 26 of 26
Full-Text Articles in Law
A Haven For Traffickers: How The United States Provides A Legal Safe Haven For Businesses That Rely On Forced Labor In The International Supply Chain, Ramona Lampley
Pepperdine Law Review
Congress enacted the Trafficking Victims Protection Act (“TVPRA” or “Act”) in 2000, which, through its amendments, gives victims of human trafficking, including forced labor or slave labor, a private right of action against those who knowingly benefit from the abusive labor practices perpetrated on them. Even though slave labor, particularly child labor, is a perceived evil in the foreign supply chains of many domestic companies, courts appear uncomfortable with the some of the civil liability provisions of the TVPRA. This Article examines recent cases brought under the TVPRA, and how, in some cases, courts have eviscerated the private right of …
Justice For All? Impeding The Villainization Of Human Trafficking Victims Via The Expansion Of Vacatur Laws, Sarah Devaney
Justice For All? Impeding The Villainization Of Human Trafficking Victims Via The Expansion Of Vacatur Laws, Sarah Devaney
Pepperdine Law Review
It is common for human trafficking victims to acquire a criminal record as a result of the activities they are forced to engage in whilst being trafficked. Once these victims become survivors, their criminal record hinders them from wholly reacclimating to society. The current state of human trafficking laws provides little to no relief for human trafficking survivors in regard to alleviating their criminal records. Accordingly, human trafficking survivors are perpetually victimized by the United States criminal justice system. This Article explores the current state of human trafficking laws and their enduring effect on survivors. Specifically, the Article examines California’s …
A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar
A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar
Pepperdine Law Review
The world is currently experiencing an unprecedented displaced persons crisis. There are more than 70 million people worldwide who have been forcibly displaced from their homeland and are in search of a new country in which to settle. There is no international appetite to absorb these people. There is only one legal pathway by which displaced people can claim an entitlement to settle in another country. This is pursuant to the Refugee Convention. More than 140 countries including the United States are signatories to this convention. The difficulty experienced by displaced people is now particularly acute so far as entry …
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty
Pepperdine Law Review
Genocide has been called the “crime of crimes.” That superlative is well-stated. Genocide is the intentional destruction of an entire people—a worse crime is almost beyond comprehension. The very word conjures some of the most horrific images in recorded history. And yet our legal understanding of this most-important crime is limited. Because the crime of genocide requires specific intent, even horrific atrocities will not qualify as genocide as a matter of law if done for a purpose other than the intended destruction of a target group. Thus whether actions qualify as genocide and what type of evidence is sufficient to …
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Pepperdine Law Review
In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …
Holding U.S. Corporations Accountable: Toward A Convergence Of U.S. International Tax Policy And International Human Rights, Jacqueline Laínez Flanagan
Holding U.S. Corporations Accountable: Toward A Convergence Of U.S. International Tax Policy And International Human Rights, Jacqueline Laínez Flanagan
Pepperdine Law Review
International human rights litigation underscores the inverse relationship between corporate power and corporate accountability, with recent Supreme Court decisions demonstrating increased judicial protections of corporate rights and decreased corporate accountability. This article explores these recent decisions through a tax justice framework and argues that the convergence of international human rights law and U.S. international tax policy affords alternate methods to hold corporations accountable for violations of international law norms. This article specifically proposes higher scrutiny of foreign tax credits and an anti-deferral regime targeting the international activity of U.S. corporations that use subsidiaries to shelter income and decrease taxation while …
The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh
The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh
Pepperdine Law Review
In recent years, increasing numbers of asylum-seekers from Honduras, Guatemala, and El Salvador crossed into the United States, fleeing gang violence that has driven homicide rates to record levels. These countries, known collectively as the “Northern Triangle,” now make up one of the most violent regions in the world. Transcending petty crime, gangs control entire communities in the Northern Triangle where they operate as de facto governments beyond law enforcement’s control. Gangs practice forced recruitment in these communities, creating a join-or-die gang culture where resisting recruitment is tantamount to opposition. Opposition, in turn, is met with brutal retaliation. The young …
International Humanitarian Law Divergence, Lesley Wexler
International Humanitarian Law Divergence, Lesley Wexler
Pepperdine Law Review
How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
Pepperdine Law Review
This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …
Blurred Lines Or Bright Line? Addressing The Demand For Sex Trafficking Under California Law, Rachel N. Busick
Blurred Lines Or Bright Line? Addressing The Demand For Sex Trafficking Under California Law, Rachel N. Busick
Pepperdine Law Review
Like the Thirteenth Amendment, which made slavery punishable by law, additional statutes that protect victims and punish those involved in sex trafficking are needed in the United States to abolish modern-day slavery. This Comment focuses specifically on California's laws relating to sex trafficking for two reasons. First, California's laws fail to adequately address the demand for sex trafficking. Second, California has a unique relationship to pornography, which is intrinsically linked to sex trafficking. Part II explains the definition and realities of sex trafficking with a special focus on buyers creating demand for sex trafficking. Part III discusses the current state …
United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr.
United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr.
Pepperdine Law Review
No abstract provided.
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Pepperdine Law Review
No abstract provided.
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations , Derek Brown
Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations , Derek Brown
Pepperdine Law Review
No abstract provided.
Human “Wrongs”?: The U.S. Takes An Unpopular Stance In Opposing A Strong International Criminal Court, Gaining Unlikely Allies In The Process, Tomas A. Kuehn
Human “Wrongs”?: The U.S. Takes An Unpopular Stance In Opposing A Strong International Criminal Court, Gaining Unlikely Allies In The Process, Tomas A. Kuehn
Pepperdine Law Review
No abstract provided.
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Pepperdine Law Review
No abstract provided.
Created Equal: How The Declaration Of Independence Recognizes And Guarantees The Right To Life For The Unborn, Mark Trapp
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Seeking Asylum For Former Child Soldiers And Victims Of Human Trafficking, Tina Javaherian
Seeking Asylum For Former Child Soldiers And Victims Of Human Trafficking, Tina Javaherian
Pepperdine Law Review
No abstract provided.
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
The Fate Of "Unremovable" Aliens Before And After September 11, 2001: The Supreme Court's Presumptive Six-Month Limit To Post-Removal-Period Detention, Megan Peitzke
Pepperdine Law Review
No abstract provided.
A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis
A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis
Pepperdine Law Review
No abstract provided.
We Don't Need To See Them Cry: Eliminating The Subjective Apprehension Element Of The Well-Founded Fear Analysis For Child Refugee Applicants, Bridgette A. Carr
We Don't Need To See Them Cry: Eliminating The Subjective Apprehension Element Of The Well-Founded Fear Analysis For Child Refugee Applicants, Bridgette A. Carr
Pepperdine Law Review
This article addresses a barrier to effective protection faced by child refugee applicants. Currently all refugee applicants, including infants, are required to satisfy two elements of well-founded fear. All applicants must prove that they face an objective risk of persecution and that they subjectively fear this risk. But children often cannot exhibit the subject apprehension element of the test. As a result, UNHCR, and the U.S and Canadian governments issued guidelines that encourage decision makers to accept other evidence to prove a child's subjective apprehension when the child is unable to exhibit fear. However, this approach does not go far …
Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber
Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber
Pepperdine Law Review
The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional compromises by our common mentor, Walter Murphy. Rather than directly engage in a dialogue with Compromise and Constitutionalism, the analysis below joins the preexisting dialogue between Professors Levinson and Murphy on how to construct a decent polity among people who have deep disputes over what constitutes political decency. Walter Murphy is unfortunately largely known to legal audiences only through the work of such outstanding mentees as Sandy Levinson, Jim Fleming, Christopher Eisgruber, Andrew Koppelman, Jennifer Nedelsky, and Robert George. Walter …