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Extraterritorial Human Trafficking Prosecutions: Eliminating Zones Of Impunity Within The Limits Of International Law And Due Process, Caroline A. Fish Jan 2018

Extraterritorial Human Trafficking Prosecutions: Eliminating Zones Of Impunity Within The Limits Of International Law And Due Process, Caroline A. Fish

St. John's Law Review

(Excerpt)

This Note argues that the Baston court was incorrect both in finding the Amendment consistent with the protective principle and in its analysis of the defendant’s nexus with the United States. This Note asserts, instead, that (1) the Amendment is not valid under any traditional bases of prescriptive jurisdiction but is consistent with the United States’ international obligations to “extradite or prosecute,” and (2) the Amendment may be applied under the international anti-trafficking conventions to foreign defendants present in the United States, regardless of nexus, without violating due process.

Part I of this Note describes the complex nature of …


Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P. Mar 2016

Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P.

The Catholic Lawyer

No abstract provided.


Single, Young Female - Seeking Asylum: The Struggles Victims Of Sex Trafficking Face Under Current United States Refugee Law, Diana Squillante Oct 2015

Single, Young Female - Seeking Asylum: The Struggles Victims Of Sex Trafficking Face Under Current United States Refugee Law, Diana Squillante

St. John's Law Review

(Excerpt)

This Note argues that the IJ, the BIA, and the circuit courts got it wrong. The courts reject creating a category representing young women in fear of being forced into prostitution because they feel it is too broad and does not establish a common characteristic. However, due to the courts' analyses' inconsistencies with the initiatives of the United Nations ("UN") and the United States to prevent and put an end to sex trafficking, a new analysis should be conducted to fulfill this goal.


Child Sex Tourism Legislation Under The Protect Act: Does It Really Protect?, Amy Fraley Feb 2012

Child Sex Tourism Legislation Under The Protect Act: Does It Really Protect?, Amy Fraley

St. John's Law Review

No abstract provided.