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Full-Text Articles in Law
U.S. Immigration Law: Where Antiquated Views On Gender And Sexual Orientation Go To Die, Marisa S. Cianciarulo
U.S. Immigration Law: Where Antiquated Views On Gender And Sexual Orientation Go To Die, Marisa S. Cianciarulo
Marisa S. Cianciarulo
This Essay examines the paradoxical approaches to gender and sexual orientation bias within the U.S. immigration system. On the one hand, the immigration system has managed to convey benefits to same-sex partners despite federal law prohibiting the recognition of same-sex unions for immigration purposes. Immigration law also provides benefits for victims of crimes disproportionately committed against women, such as human trafficking and domestic violence, although the systems in place for adjudicating these benefits are flawed. On the other hand, immigration law favors antiquated notions of gender roles that disadvantage U.S. citizen men and their children, and has failed to recognize …
The Trafficking And Exploitation Victims Assistance Program: A Proposed Early Response Plan For Victims Of International Human Trafficking In The United States, Marisa S. Cianciarulo
The Trafficking And Exploitation Victims Assistance Program: A Proposed Early Response Plan For Victims Of International Human Trafficking In The United States, Marisa S. Cianciarulo
Marisa S. Cianciarulo
The Trafficking Victims Protection Act, ground-breaking legislation designed to punish traffickers and protect victims, is not reaching its full potential as a powerful tool against international human trafficking. A principal component of the Act - the availability of special T visas for trafficking victims who cooperate with law enforcement officials against their traffickers - is failing to reach its intended beneficiaries. According to U.S. government statistics, less than one percent of individuals trafficked into the United States have received protection in the form of a T visa. This article identifies weaknesses in the T visa system and proposes reforms designed …
What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo
What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo
Marisa S. Cianciarulo
Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa S. Cianciarulo
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa S. Cianciarulo
Marisa S. Cianciarulo
The international trafficking of human beings has emerged as one of the most lucrative and far-reaching industries in the world, second only to trafficking in drugs and tied with trafficking in arms. Many victims of international human trafficking, including teenagers and young children, are forced to work in the sex trade. Others work in areas such as agriculture, restaurants and sweatshops. In 2000, in an effort to combat trafficking and encourage trafficking victims to assist in the prosecution of traffickers, the United States enacted the Victims of Trafficking and Violence Protection Act (VTVPA), which created a new visa, called the …