Human Rights Law Commons^™

Negotiating The Terms Of Corporate Human Rights Liability Under Federal Law, R. George Wright

San Diego Law Review

This Article first addresses, by way of example, questions of mens rea, or required mental states, through the basic purposes and relevant assumptions underlying general tort and criminal law. Whichever approach the law adopts, with or without negotiation, toward corporate aiding and abetting liability in human-rights-oriented torts cases should at least be generally compatible with these basic purposes and assumptions. Next, this Article addresses several possible approaches to the mens rea issues before adopting a model of negotiation or bargaining bounded by general moral constraints.

Secondly, this Article discusses a number of issues associated with the Alien Tort Statute ATS …

The Good, The Bad, The Ugly: Human Rights Violators In Comparative Perspective, Austin Choi-Fitzpatrick

School of Peace Studies: Faculty Scholarship

A large and growing wave of scholarship has focused attention on a variety of contemporary forms of slavery. Early attention went to victims of sexual exploitation, though this is starting to slowly change with a growing body of work on labor exploitation. Previous studies focused exclusively on international trafficking and on the Global South whereas newer studies emphasize domestic trafficking and exploitation in the Global North. This article, and the special issue it introduces, suggests that it is high time scholars and advocates broaden their scope to more clearly focus on perpetrators and on the emancipation process. Perpetrators are too …