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Articles 1 - 16 of 16
Full-Text Articles in Law
Brief Of Human Rights And Labor Rights Organizations And Experts As Amici Curiae In Support Of Petitioners, Janie A. Chuang
Brief Of Human Rights And Labor Rights Organizations And Experts As Amici Curiae In Support Of Petitioners, Janie A. Chuang
Amicus Briefs
Since Congress first enacted the Trafficking Victims Protection Act of 2000, it has expanded and strengthened it through successive reauthorizations. Congress has broadened the scope of the TVPRA in order to impose criminal and civil liability on individuals, corporations, and other legal persons who use, or knowingly benefit from ventures that use, forced labor, as well as those who aid and abet these practices. Through this legislation, Congress has bolstered efforts to hold traffickers accountable, opening the courthouse doors to victims of these egregious crimes.
The Ninth Circuit's decision below undermined the very statutory scheme Congress put in place to …
The Impacts Of Compulsory Prison Labor Ballot Initiatives On Pregnant & Postpartum Incarcerated Women Of Color, Candace Bond-Theriault
The Impacts Of Compulsory Prison Labor Ballot Initiatives On Pregnant & Postpartum Incarcerated Women Of Color, Candace Bond-Theriault
Center for Gender & Sexuality Law
The 13th Amendment to the United States Constitution purported to abolish the institution of slavery, but it created an exception for compulsory labor performed by people convicted of crimes. In November 2022, voters in Alabama, Vermont, Louisiana, Tennessee, and Oregon will be asked to vote on ballot initiatives that would strike language from their state constitutions that currently allows states to force incarcerated people to perform labor with minimal or no pay.1 This policy brief examines the legal language of these ballot initiatives and evaluates whether each measure, if approved by voters, will actually close the compulsory labor loophole. In …
Trafficking And The Shallow State, Julie A. Dahlstrom
Trafficking And The Shallow State, Julie A. Dahlstrom
Faculty Scholarship
More than two decades ago, the Trafficking Victims Protection Act (TVPA) established new, robust protections for immigrant victims of trafficking. In particular, Congress created the T visa, a special form of immigration status, to protect immigrant victims from deportation. Despite lofty ambitions, the annual cap of 5,000 T visas has never been reached, with fewer than 1,200 approved each year. In recent years, denial rates also have climbed. For example, in fiscal year 2020, U.S. Citizenship and Immigration Services denied 42.79% of the T visa applications that the agency adjudicated, compared with just 28.12% in fiscal year 2015. These developments …
Disaggregating Corporate Liability: Japanese Multinationals And World War Ii, Timothy Webster
Disaggregating Corporate Liability: Japanese Multinationals And World War Ii, Timothy Webster
Faculty Scholarship
The past two decades have witnessed unprecedented attention to corporate legal liability for human rights abuses. Yet the supporting jurisprudence is relatively thin. Scholars generally agree that corporations can incur legal liability for serious violations of international human rights law. But courts find any number of ways to avoid such a result. This Article finds qualified support for an emergent norm of corporate civil liability from recent litigation in Japan. Specifically, the transnational war reparations litigation of the past three decades has yielded a consistent jurisprudence of qualified liability. Courts detail the abuses committed by Japan's largest multinational corporations, and …
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Faculty Articles
For U.S. companies with forced labor or child labor in the supply chain, litigation is on the rise. This Article surveys the current litigation landscape involving forced labor in the supply chain. It ultimately concludes that domestic corporations that source from international suppliers should adopt the Model Contract Clauses drafted by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts ("Working Group"). This Article traces the origins of cases involving supply chain forced labor, beginning with the early employee negligence cases that form the backdrop of existing case law and the cornerstone of …
Creative Capitalism And Human Trafficking: A Business Approach To Eliminate Forced Labor And Human Trafficking From Global Supply Chains, Dana Raigrodski
Creative Capitalism And Human Trafficking: A Business Approach To Eliminate Forced Labor And Human Trafficking From Global Supply Chains, Dana Raigrodski
Articles
A great amount of revenue generated by businesses in the global economy can be linked to the trafficking and enslavement of human beings. Yet, the current discourse on human trafficking fails to recognize the magnitude of benefit consumers, businesses, and economies gain from the work of forced and trafficked labor. Moreover, the limited efforts that seek to address this situation have focused on ways to encourage businesses to voluntarily adopt more socially responsible practices. These measures have had only limited success, and are generally believed to be in tension with the for-profit purposes of businesses.
Hence, the task of convincing …
Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Markus Funk
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: T. Markus Funk, Partner, Perkins Coie
21 slides
Prevention Of Human Trafficking: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone
Prevention Of Human Trafficking: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone
Criminology and Criminal Justice Senior Capstone Project
A review of the literature pertaining to human trafficking reveals that human trafficking is a difficult crime to detect and prevent. Human trafficking involves the trafficking of human beings for the purpose of commercial sexual activities as well as forced labor. These crimes are occurring worldwide. Research indicates organized crime, prostitution, massage parlors, and brothels are closely linked to the crime of human trafficking. Government corruption and transnational criminal organizations contribute significantly to this crime and financial profit is usually the primary motivation. The objective of this report is to examine the various elements of human trafficking including the recognized …
Amidst Ongoing Slavery In The South, One Group’S Efforts To Enforce The 13th Amendment, Zannie Carlson
Amidst Ongoing Slavery In The South, One Group’S Efforts To Enforce The 13th Amendment, Zannie Carlson
The Modern American
The author lauds the advocacy of the Coalition of Immokalee Workers (CIW) to prosecute Florida landowners engaged in forced labor and indentured servitude of workers.
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
All Faculty Scholarship
No abstract provided.
Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson
Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson
Scholarly Works
In February 2003, the Herero People's Reparations Corporation filed a complaint against Germany in the District Court of the District of Columbia alleging violations of international law, crimes against humanity, genocide, slavery, and forced labor before, during, and after the German-Herero War (1904-07). The German government, modern scholars, and other commentators have long taken the position that genocides committed by colonial governments in the nineteenth century did not violate international law at that time. Arguments for this position rely, inter alia, on the belief that all forms of genocide were first criminalized and made punishable by the 1948 U.N. Convention …
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Scholarly Works
In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
All Faculty Scholarship
The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches. I begin that reexamination here. In this article, …
Corporate Complicity: From Nuremberg To Rangoon - An Examination Of Forced Labor Cases And Their Impact On The Liability Of Multinational Corporations, Anita Ramasastry
Corporate Complicity: From Nuremberg To Rangoon - An Examination Of Forced Labor Cases And Their Impact On The Liability Of Multinational Corporations, Anita Ramasastry
Articles
Part I of this article outlines various levels of corporate complicity as a way of understanding the spectrum of conduct for which MNCs have been criticized.This provides a necessary background for examining how courts have treated corporate actors with respect to their alleged involvement in war crimes and crimes against humanity. This also helps to delineate where on this continuum MNC conduct should give rise to accomplice liability.
Part II of this article examines the post-World War II trials of German and Japanese civilian businessmen for war crimes and crimes against humanity. The war crimes prosecutions provide an important starting …
Global Labor Rights And The Alien Tort Claims Act, Sarah H. Cleveland
Global Labor Rights And The Alien Tort Claims Act, Sarah H. Cleveland
Faculty Scholarship
Are labor rights human rights? Are some worker rights so fundamental that must be respected by all nations, and all corporations, under all circumstances? If so, who has the authority to define such rights, and how should they be enforced? What is the effect on the global economy of enforcing international worker rights? These are some of the questions confronted by the authors of Human Rights, Labor Rights, and International Trade, a compilation of essays by an international group of scholars, labor rights activists, and corporate executives addressing contemporary topics in the dialectic among labor, trade, and human rights.
Regulation Of The Movement Of Workers: Forced Labor In The United States, Ivan C. Rutledge
Regulation Of The Movement Of Workers: Forced Labor In The United States, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.