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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 Jan 2024

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 Feb 2022

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 …


Customer Transparency Can Dampen The Growing Human Trafficking Problem, Colin Martell Jan 2022

Customer Transparency Can Dampen The Growing Human Trafficking Problem, Colin Martell

The Journal of Business, Entrepreneurship & the Law

The beginning of this comment will discuss an abbreviated economic analysis on the business of human trafficking: who the participants are, why they participate, and their pressure points. Section II of this paper will discuss the current state of trafficking and the economic incentives that drive participants into the market. Section III and Section IV will examine what the government and businesses are doing to stop human trafficking. Section V will analyze several policy proposals and consider the solutions and unintended consequences of each.


A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar Aug 2021

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 …


Human Rights Incorporated, Not Everyone Agrees, Dana Johnston Jan 2020

Human Rights Incorporated, Not Everyone Agrees, Dana Johnston

The Journal of Business, Entrepreneurship & the Law

There is a massive gap between the operations of businesses and the fundamental human rights of the workers and people impacted by the businesses. This has become apparent in the multiple major cases of abuse that have occurred in recent history. Businesses should be looking to hold their operations to high human rights requirements. Companies should be required to respect all human rights and not pick and choose which rights to deal with or which rights are easy for them to handle. Businesses have the ability to negatively or positively impact all human rights issues including, health and safety, freedom …


Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty Jun 2019

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 …


Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin Jun 2019

Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin

Journal of the National Association of Administrative Law Judiciary

In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries address …


Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney Sep 2018

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 Sep 2018

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 Aug 2017

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 …


Hamad V. Gates And The Continuing Interpretation Of Boumediene: A Note On 732 F.3d 990 (9th Cir. 2013), Paul Blenz Apr 2016

Hamad V. Gates And The Continuing Interpretation Of Boumediene: A Note On 732 F.3d 990 (9th Cir. 2013), Paul Blenz

Journal of the National Association of Administrative Law Judiciary

A particularly prevalent type of claims in post-Boumediene cases are Bivens claims by detainees. One such case is Hamad v. Gates. Hamad represents a typical claim made by such detainees, and is the focus of this note. In Hamad, the Ninth Circuit held that a statute that had previously thought to be entirely overruled by Boumediene actually survived. This statute, 28 U.S.C. § 2241(e), stemmed from years of back-and-forth debate between the Supreme Court and Congress. The result of this conflict is still unsettled. The main issue is whether the Court’s primary concern in overruling the jurisdiction-stripping statutes of Congress …


Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews Jan 2016

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …


International Humanitarian Law Divergence, Lesley Wexler Jul 2015

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 Jul 2015

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 May 2015

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 …


The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo Mar 2015

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …


Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance Sep 2014

Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance

Pepperdine Dispute Resolution Law Journal

This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.


Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander Feb 2014

Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander

Pepperdine Dispute Resolution Law Journal

The article discusses on the history of the Rwanda Genocide of 1994 and the International Criminal Tribunal for Rwanda (ICTR) and different systems of justice that should be involved in prosecuting Jean Bosco Uwinkindi, the suspect of the mass killing at the Rwanda Genocide. It also mentions that three separate processes undertaken in Uwinkindi's gacaca court hearings, including truth-telling, truth-hearing, and truth-shaping.


Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown Apr 2013

Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian Apr 2013

"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield Mar 2013

The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper Mar 2013

Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles Mar 2013

Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr. Jan 2013

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 Jan 2013

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Oct 2012

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 Oct 2012

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.