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Articles 1 - 15 of 15
Full-Text Articles in Human Rights Law
Toward Trauma-Informed Professional Practices: What Legal Advocates And Journalists Can Learn From Each Other And Survivors Of Human Trafficking, Kirsten Foot Ph.D.
Toward Trauma-Informed Professional Practices: What Legal Advocates And Journalists Can Learn From Each Other And Survivors Of Human Trafficking, Kirsten Foot Ph.D.
Georgia State University Law Review
Developments in the fields of law and journalism during the last two decades have led to greater awareness of the need for trauma-informed practices vis-à-vis survivors of violence, and correspondingly, the emergence of pedagogical resources for legal advocates and journalists. Due to traditional disciplinary silos, extant resources on trauma-informed practices in each field have been authored in relative isolation from each other, i.e., guides for legal advocates have been blind to guides for journalists and vice versa. This Article demonstrates that despite the obvious differences between lawyering and journalism, professionals in these two fields share some of the same aims …
Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop
Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop
Georgia State University Law Review
This Note will examine current state law promoting awareness of human trafficking and identification of trafficking survivors in the United States and make recommendations as to what further measures, if any, state legislators should take to increase awareness, identification, and reporting of human trafficking. Part I explains the history and development of human trafficking legislation at the federal and state levels. Part II analyzes the methods that states currently use to promote public awareness and identification. Part III discusses a proposal for amending current state law to better encourage and facilitate awareness of human trafficking and the identification and reporting …
Foreword: Preventing Human Trafficking, Jonathan Todres
Foreword: Preventing Human Trafficking, Jonathan Todres
Georgia State University Law Review
No abstract provided.
Preventing Trafficking Through New Global Governance Over Labor Migration, Janie A. Chuang
Preventing Trafficking Through New Global Governance Over Labor Migration, Janie A. Chuang
Georgia State University Law Review
This Article offers initial thoughts on the possible impacts the GCM might have on global efforts to prevent and address trafficking, focusing on the newly elevated role of the IOM in this endeavor. Based on arguments I have made elsewhere, my analysis takes as a given that a normative, rights-based approach to migrant work is necessary to prevent migrant worker exploitation and abuse from escalating into trafficking. From that perspective, the Article explores the possibility that, in advising States on GCM implementation, the IOM could take a more proactive role in advancing workers’ rights in furtherance of the longer-term goal …
Medical-Legal Collaboration And Community Partnerships: Prioritizing Prevention Of Human Trafficking In Federally Qualified Health Centers, Kimberly S.G. Chang Md, Mph, Hamida Yusufzai, Anna Marjavi
Medical-Legal Collaboration And Community Partnerships: Prioritizing Prevention Of Human Trafficking In Federally Qualified Health Centers, Kimberly S.G. Chang Md, Mph, Hamida Yusufzai, Anna Marjavi
Georgia State University Law Review
Human trafficking (HT) is increasingly recognized as a public health issue, and its severe consequences affect some of society’s most vulnerable members. Prioritizing prevention is a critical component of a public health framework when addressing HT, and the health care delivery system plays a crucial role in operationalizing primary, secondary, and tertiary prevention interventions. As a significant part of the primary care system in the U.S., Federally Qualified Health Centers (FQHCs) are uniquely positioned to be the first point of contact with the health care system for people at risk for and affected by HT. FQHCs provide many preventive services, …
Understanding Risk And Prevention In Midwestern Antitrafficking Efforts: Service Providers' Perspectives, Hannah E. Britton Ph.D.
Understanding Risk And Prevention In Midwestern Antitrafficking Efforts: Service Providers' Perspectives, Hannah E. Britton Ph.D.
Georgia State University Law Review
Since the 2000 passage of both the Trafficking Victims Protection Act (TVPA) and the U.N.’s Palermo Protocols, human trafficking has gained a notable global presence as a human rights concern. Community organizations, nonprofits, scholars, policymakers, and service providers have developed programs to identify and address human trafficking. Despite these efforts, finding reliable methods to document and quantify the instances of human trafficking continues to challenge researchers. Moreover, many believe trafficking is a problem primarily located in urban areas or along national borders.
Drawing from seven years of interviews with service providers who work in this sector, combined with survey results …
The Limits And Possibilities Of Data-Driven Antitrafficking Efforts, Jennifer Musto Ph.D.
The Limits And Possibilities Of Data-Driven Antitrafficking Efforts, Jennifer Musto Ph.D.
Georgia State University Law Review
An examination of technology in the countertrafficking space reveals recurring tensions between law enforcement and rights-based approaches. It also illuminates assumptions, such as the one that posits more law enforcement-focused, nonstate-actor-supported data-driven efforts are necessary to securing justice for people in trafficking situations. However, a closer look at how technology is used and by whom also invites us to ask different questions and to leverage the power of our all-too-human creative potential in thinking about how to value and prioritize data ethics, transparency, and accountability in future countertrafficking work.
Creative Lawyering For Social Change, Raymond H. Brescia
Creative Lawyering For Social Change, Raymond H. Brescia
Georgia State University Law Review
Lawyers have long played an integral part in efforts to bring about social change. With an increasing desire to see change in the world, regardless of one’s political perspective, there is a growing interest in understanding the role that lawyers can play in bringing about such change. This type of lawyering is complex, however, and faces far more challenges than those the traditional lawyer faces in his or her work. Although all lawyers solve problems on behalf of their clients, the role of the social-change lawyer is more complex because the problems she seeks to address are more complex, mostly …
Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp
Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp
Georgia State University Law Review
Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.
The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are …
A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome
A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome
Georgia State University Law Review
In Furman v. Georgia, the U.S. Supreme Court agreed with Furman’s counsel. Three Justices agreed that Georgia law, as applied, was arbitrary and potentially discriminatory. Moreover, one Justice challenged the value of the death penalty and doubted it served any of the alleged purposes for which it was employed.
Although many challenges subsequent to Furman have been raised and arguably resolved by the Court, the underlying challenges raised by Furman appear to remain prevalent with the Court. Justice Breyer recently echoed the concurring opinions of Furman in his dissenting opinion from Glossip v. Gross, when he stated: “In …
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
Georgia State University Law Review
In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …
Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres
Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres
Faculty Publications By Year
No abstract provided.
Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres
Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres
Faculty Publications By Year
The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations.
In current scholarship, the interrelationship among rights, for the most …
The Challenge Of Creating 'A World Fit For Children', Jonathan Todres
The Challenge Of Creating 'A World Fit For Children', Jonathan Todres
Faculty Publications By Year
No abstract provided.
State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue
State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue
Faculty Publications By Year
Growth in the number of states legalizing same-sex marriages and civil unions that increasingly mirror the rights afforded married partners has brought renewed focus on the issue of extra-territorial recognition of those relationships. The public policy exception is a primary, state-law-based impediment to the recognition of foreign marriages that do not conform to the forum state's definition of marriage. This article discusses the role of the public policy exception in rejecting recognition of foreign marriages and argues that the public policy exception has constitutional underpinnings that are rooted in principles of federalism and the protection of state sovereignty which inheres …