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Full-Text Articles in Human Rights Law
Successes And Failures In International Human Trafficking Law, Luis Cdebaca
Successes And Failures In International Human Trafficking Law, Luis Cdebaca
Michigan Journal of International Law
Professor Carr yesterday remarked that human trafficking is too often discussed only in theoretical or academic ways. I've spent most of my career in the field, where interactions with victims, traffickers, and defense attorneys are anything but theoretical. But as keynote speaker for an academic symposium this morning, I'm going to try to lay out a bit of the conceptual state of play from my current vantage point. The title of this symposium, "Successes and Failures in International Human Trafficking Law," is a bit binary. Perhaps, in the best diplomatic tradition, we can temper that to "Limitations and Opportunities in …
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Michigan Journal of International Law
This Note examines the rationales behind Filartiga and other cases which have had the opportunity to pass upon its holding, notably the holdings in Tel-Oren v. Libyan Arab Republic and Forti v. Suarez- Mason. It then focuses on the validity of these rationales with respect to the constitutional separation of powers scheme. In so doing, it analyzes Filartiga's conclusions in light of the act of state and political question doctrines, two closely interrelated doctrines which have been at the forefront of the separation of powers criticisms of Filartiga. This Note concludes by suggesting that a clear case exists …