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Articles 1 - 30 of 37
Full-Text Articles in Law
Dispelling Sex Trafficking Conspiracy Theories: The Truth Behind Who Is Recruited By Traffickers And How, Mirelle Raza, Kyleigh Feehs
Dispelling Sex Trafficking Conspiracy Theories: The Truth Behind Who Is Recruited By Traffickers And How, Mirelle Raza, Kyleigh Feehs
William & Mary Journal of Race, Gender, and Social Justice
Through an analysis of the 1,954 sex trafficking cases prosecuted federally from 2000 to 2020, this Article aims to provide insight into how sex traffickers commonly operate in the United States. Part I explains the damaging consequences of misinformation on an effective anti-trafficking response. The Article then details how traffickers within sex trafficking schemes across the country intentionally target individuals with particular vulnerabilities and recruit them for exploitation. Part II outlines the vulnerabilities that sex traffickers commonly target, highlighting that many of the children that traffickers exploit have run away from home, were experiencing homelessness, were part of the foster …
Checking Out Indefinitely: Supporting Survivors Of Sex Trafficking Alongside Training And Education For Lodging Employees, Alyssa M. Grzesiak
Checking Out Indefinitely: Supporting Survivors Of Sex Trafficking Alongside Training And Education For Lodging Employees, Alyssa M. Grzesiak
William & Mary Journal of Race, Gender, and Social Justice
There are roughly five million victims of sex trafficking in the United States. Over the course of a decade, over 3,500 instances of human trafficking involved a hotel or motel. Traffickers are relying on unaware lodging establishment employees, as well as complicit employees and managers, to successfully carry out their crimes. Despite the vital role the lodging industry plays in human trafficking, only seven states have implemented mandatory training for hotel and motel employees. This Note posits that the implementation of mandatory training and education programs for employees of lodging establishments could increase awareness and responsiveness to human trafficking, thus …
Hitting The Brakes On Child Trafficking: An Analysis Of Anti-Trafficking Legislation In Viet Nam, Linh K. Dai
Hitting The Brakes On Child Trafficking: An Analysis Of Anti-Trafficking Legislation In Viet Nam, Linh K. Dai
William & Mary Journal of Race, Gender, and Social Justice
Viet Nam is considered a country of origin for child sex trafficking, especially to Thailand, Cambodia, and China, all significant destinations for child sex tourism, a form of prostitution. Despite existing laws and policies in Viet Nam and elsewhere in Southeast Asia, child trafficking operations in the region have flourished. Viet Nam has been characterized as a country whose “[g]overnment . . . does not fully meet the [Trafficking Victims Protection Act’s] minimum standards for the elimination of trafficking but is making significant efforts to do so.” Viet Nam has demonstrated its commitment to preventing human trafficking, both within and …
Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson
Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson
William & Mary Journal of Race, Gender, and Social Justice
The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.
Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison Mcnulty
Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison Mcnulty
William & Mary Journal of Race, Gender, and Social Justice
COVID-19’s arrival, and the changes it has unleashed, reveal how longstanding legal and policy decisions produced structural inequalities that have left so many families, and especially single-parent families with children, all too insecure. The fragility of single-mother families is amplified by the multifaceted discrimination they face. While all single parents, including single fathers and other single relatives who are raising children, share many of these burdens, this Article focuses on the challenges confronting single mothers.
Federal policy choices stand in sharp contrast to the political rhetoric of government support for families. Social and economic policy in the twentieth century developed …
Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao
Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao
William & Mary Journal of Race, Gender, and Social Justice
The 2010 Constitution of Kenya recognizes the special group of women living in urban informal settlements, and provides for their access to the highest attainable standards of health care, including reproductive health care. The Health Act, which was enacted in 2017, recognizes the significant challenges of accessing maternal health services among the poorest populations. Pursuant to the resolutions of the African Union, the Health Act abolished user fees for pregnant women. The Health Act instructs the county and national governments to expand free maternity care and childhood immunizations through funding. Despite Kenya’s commitment to increase the national budget for health …
Relieved Of All Punishment By Human Hands: The Status Of International Criminal Convictions, Dorothy M. Canevari
Relieved Of All Punishment By Human Hands: The Status Of International Criminal Convictions, Dorothy M. Canevari
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte
Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte
William & Mary Journal of Race, Gender, and Social Justice
The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …
Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah
Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah
William & Mary Journal of Race, Gender, and Social Justice
While mass wartime rape has become a core characteristic of modern armed conflict, transitional justice mechanisms have continuously failed to bring about successful achievement of justice, reconciliation, and truth for female survivors. The abuse, exile, and humiliation of large numbers of female rape survivors by their families and communities leaves entire societies destabilized and susceptible to prolonged instability and state failure, thus obstructing attempts by transitional justice mechanisms to usher in long-lasting peace and stability. To achieve more successful post-conflict reconstruction, transitional justice mechanisms situated in the aftermath of wars marked by mass rape must first focus on the reintegration …
Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson
Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson
William & Mary Journal of Race, Gender, and Social Justice
Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae
Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu
Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova
Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova
William & Mary Journal of Race, Gender, and Social Justice
Over the past decade, the Russian state has been deliberately pursuing politics of masculinity that aim to actively undermine feminist dissenting voices by presenting feminism as something that is foreign and inappropriate for the Russian context. This Article examines why Russian domestic feminism has failed to generate a re-examination of entrenched gender stereotypes and barriers in Russia. The Article concludes that in order to effectively combat gender stereotyping and reduce structural barriers that continuously relegate women to the private sphere, new "local norms" based on gender equality need to develop. In order for these new local norms to gain public …
Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid
Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid
William & Mary Journal of Race, Gender, and Social Justice
This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.
The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera
The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Sex Workers And Human Rights: A Critical Analysis Of Laws Regarding Sex Work, Rachel Marshall
Sex Workers And Human Rights: A Critical Analysis Of Laws Regarding Sex Work, Rachel Marshall
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Suicide In The Name Of Honor: Why And How U.S. Asylum Law Should Be Modified To Allow Greater Acceptance Of Honor-Violence Victims To Prevent “Honor Suicides”, Ayla M. Kremen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler
Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Slapping The Hand Of Cultural Relativism: Female Genital Mutilation, Male Dominance, And Health As A Human Rights Framework, Preston D. Mitchum
Slapping The Hand Of Cultural Relativism: Female Genital Mutilation, Male Dominance, And Health As A Human Rights Framework, Preston D. Mitchum
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
One Step Forward, But Two Steps Back: Why Gacaca In Rwanda Is Jeopardizing The Good Effect Of Akayesu On Women's Rights, Brittany A. Olwine
One Step Forward, But Two Steps Back: Why Gacaca In Rwanda Is Jeopardizing The Good Effect Of Akayesu On Women's Rights, Brittany A. Olwine
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Witchcraft: A Human Rights Conflict Between Customary/Traditional Laws And The Legal Protection Of Women In Contemporary Sub-Saharan Africa, Maakor Quarmyne
Witchcraft: A Human Rights Conflict Between Customary/Traditional Laws And The Legal Protection Of Women In Contemporary Sub-Saharan Africa, Maakor Quarmyne
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Deconstructing Cedaw's Article 14: Naming And Explaining Rural Difference, Lisa R. Pruitt
Deconstructing Cedaw's Article 14: Naming And Explaining Rural Difference, Lisa R. Pruitt
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A New Paradigm For Human Trafficking: Shifting The Focus From Prostitution To Exploitation In The Trafficking Victims Protection Act, Rebecca L. Wharton
A New Paradigm For Human Trafficking: Shifting The Focus From Prostitution To Exploitation In The Trafficking Victims Protection Act, Rebecca L. Wharton
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda H. Barnhart
Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda H. Barnhart
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Adolescents Under International Law: Autonomy As The Key To Reproductive Health, Aliya Haider
Adolescents Under International Law: Autonomy As The Key To Reproductive Health, Aliya Haider
William & Mary Journal of Race, Gender, and Social Justice
As a matter of policy, the reproductive and sexual health of adolescents matter because they comprise almost one half of the world's population. As a matter of international human rights law, adolescents have reproductive and sexual health rights. This article outlines how the international community must ensure adolescents' access to and exercise of those reproductive health rights. Governments must enable informed decision-making while also offering state protections for this vulnerable population. Without laws and policies that uphold adolescent health worldwide, future generations will needlessly suffer.
The Role Of Women In Peacekeeping And Peacemaking: Devising Solutions To The Demand Side Of Trafficking, Connie De La Vega, Chelsea E. Haleynelson
The Role Of Women In Peacekeeping And Peacemaking: Devising Solutions To The Demand Side Of Trafficking, Connie De La Vega, Chelsea E. Haleynelson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio
Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps
Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.