Law Commons^™

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.

Targeting Demand: A New Approach To Curbing Human Trafficking In The United States, Morgan Brown

Law Student Publications

Part I of this paper will provide a general framework for understanding human trafficking in the United States by laying out basic statistics relevant to human trafficking, describing the basic economic model under which the business of human trafficking should be understood, and discussing the major legislative approaches the United States has taken to curtail the increase in human trafficking in the country in the past ten years. Part II will then analyze the shortcomings of this approach and the successes of unique efforts to combat trafficking in Sweden. Part III recommends an approach the United States should take moving …

The Boston Principles: An Introduction, Hope Lewis, Rachel E. Rosenbloom

Hope Lewis

This commentary introduces the Draft Boston Principles on the Economic, Social, and Cultural Rights of Noncitizens. The Draft Boston Principles are the outcome of "Beyond National Security: Immigrant Communities and Economic, Social, and Cultural Rights," an institute held at Northeastern University School of Law in Boston, Massachusetts (United States of America) on October 14-15, 2010. Convened by the Program on Human Rights and the Global Economy (PHRGE) with the sponsorship of the Ford Foundation and the Human Rights Interest Group of the American Society of International Law, the institute brought together leading immigrants' rights attorneys, human rights advocates, and scholars …

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.

Human Trafficking Post 9/11 Policy And Practice Beyond Cutting The Tail Off The Snake, Alexandra Caitlin Rice

Graduate Program in International Studies Theses & Dissertations

The U.S. Department of State estimates that 600,000 to 800,000 victims are trafficked across international borders each year, approximately 14,500 to 17,500 of which are trafficked into the United States. The Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) was created to combat human trafficking in the country, and as a result created the T-visa to provide immigration relief to non-citizen victims of trafficking. In this work I analyze U.S. government efforts to combat trafficking in the twelve years following implementation of the VTVPA. I expand my analysis beyond T-visa distribution data to incorporate interviews with high-level government …

The Boston Principles: An Introduction, Hope Lewis, Rachel E. Rosenbloom

Rachel E. Rosenbloom

This commentary introduces the Draft Boston Principles on the Economic, Social, and Cultural Rights of Noncitizens. The Draft Boston Principles are the outcome of "Beyond National Security: Immigrant Communities and Economic, Social, and Cultural Rights," an institute held at Northeastern University School of Law in Boston, Massachusetts (United States of America) on October 14-15, 2010. Convened by the Program on Human Rights and the Global Economy (PHRGE) with the sponsorship of the Ford Foundation and the Human Rights Interest Group of the American Society of International Law, the institute brought together leading immigrants' rights attorneys, human rights advocates, and scholars …

United States V. Lopez-Velasquez: What Is A "Reasonable Possibility" Of Apparent Eligibility For Relief From Deportation?, Kristina M. Seil

Golden Gate University Law Review

Modern deportation procedure is circumscribed by regulations intended to guarantee fairness and uniformity. Federal regulations thus mandate that immigration judges inform noncitizens of their eligibility for relief from deportation in an effort to ensure that unrepresented respondents in immigration proceedings make informed decisions.

Unhappily, the U.S. Court of Appeals for the Ninth Circuit has recently limited this regulation-mandated duty to inform. In United States v. Lopez-Velasquez, the Ninth Circuit held that the duty to inform is not triggered when sources outside the Ninth Circuit indicate that relief may be possible because the relevant Ninth Circuit precedent is no longer …

‘Woman As…’: Personhood, Rights And The Case Of Domestic Violence, Stacy Missari, Christine Zozula

Societies Without Borders

This article uses the first domestic violence case filed against the United States in the Inter-American Commission on Human Rights (IACHR) to discuss the politics of gender and domestic violence. We discuss how gender-neutral frameworks of the case in the U.S. ignore the interpersonal gender and power issues which often attend domestic violence cases. The case before the IACHR was arguably more successful in addressing gender by drawing from the human rights literature on women’s rights. However, given that this case is the first human rights charge against the United States by a domestic violence survivor, the specifically gendered framework …

Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel

Indiana Journal of Global Legal Studies

The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …

The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley

American University International Law Review

No abstract provided.

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Fourth Annual Interdisciplinary Conference on Human Trafficking, 2012

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"

Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie

Articles, Book Chapters, & Popular Press

Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.

Edzia Carvalho On Human Rights In The Global Political Economy: Critical Processes. By Tony Evans. Boulder, Co: Lynne Rienner Publishers, 2011. 232pp., Edzia Carvalho

Human Rights & Human Welfare

A review of:

Human Rights in the Global Political Economy: Critical Processes. By Tony Evans. Boulder, CO: Lynne Rienner Publishers, 2011. 232pp.