Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker Sep 2013

Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Crisis Of A Legal Framework: Protection Of Victims Of Human Trafficking In The Bulgarian Legislation, Vladislava Stoyanova Aug 2013

The Crisis Of A Legal Framework: Protection Of Victims Of Human Trafficking In The Bulgarian Legislation, Vladislava Stoyanova

Vladislava Stoyanova

The Council of Europe Group of Experts on Action against Trafficking in Human Beings reported that in Bulgaria no adult victim of human trafficking received any assistance and that no adult victim was granted a reflection period. A close examination of the Bulgarian legislative framework could explain this unpromising picture. In this article, I develop three arguments in relation to the Bulgarian legislation on protection of trafficked persons. First, in some respects, Bulgaria has failed to fulfil its international obligations. Second, the national legal framework regulating the conditions under which trafficked person are assisted and protected is surrounded by legal …


Sex Trafficking In Edo State, Nigeria: Causes And Solutions, Tim S. Braimah Jul 2013

Sex Trafficking In Edo State, Nigeria: Causes And Solutions, Tim S. Braimah

Tim s Braimah

Edo State, the 'Heartbeat of Nigeria', has been labeled as “the most endemic source of human trafficking in Nigeria”. As a result of this negative label, a number of international organizations and non-governmental organizations have intervened to combat sex trafficking in the region. Despite these interventions, sex trafficking is still rife in Edo State. This article argues that political, economic, religious, social and cultural factors contribute to the difficulties in curbing sex trafficking in Edo State. To eradicate it, a joint effort between the government, traditional leaders, religious institutions/NGOs and members of the public is needed.


Commercial Marriage Trafficking--Uncovering A Growing New Form Of Transnational Human Trafficking, And Shaping International Law To Respond, Douglas Maclean Jan 2013

Commercial Marriage Trafficking--Uncovering A Growing New Form Of Transnational Human Trafficking, And Shaping International Law To Respond, Douglas Maclean

Douglas MacLean

Drawing from my work at the United Nations Inter-Agency Project on Human Trafficking, this article exposes the phenomenon of commercial marriage trafficking, a rapidly growing but critically overlooked form of human exploitation, and the conceptual gap in international law that has led to inaction by the international community.I address this gap by 1) creating a definition of commercial marriage trafficking consistent with the Palermo Protocol, the most widely accepted international agreement on fighting human trafficking, and 2) promoting immediate state action by repurposing existing international legal provisions on marriage to enable effective initial domestic responses to this crime while revisions …


American Dreams, Trafficking Nightmares, Mariana C. Minaya Jan 2013

American Dreams, Trafficking Nightmares, Mariana C. Minaya

Student Articles and Papers

Under the H-2 visa scheme, American employers rely on labor recruiters to venture abroad, find prospective employees, and commit them to an employment contract for seasonal or temporary work on American farms, construction sites, hotel staffs, and other businesses. Rogue recruiters, operating in foreign countries far from the view of their American employers or law enforcement, are in effect free to employ a variety of unscrupulous means for enticing and obtaining prospective recruits. They may lie about the nature of the work that awaits the recruits in the United States, charge them illegal fees that leave them in crushing debt, …


Human Trafficking Law And Resources, Kincaid C. Brown Jan 2013

Human Trafficking Law And Resources, Kincaid C. Brown

Law Librarian Scholarship

The U.S. State Department estimates as many as 27 million men, women, and children are global human trafficking victims at any given time. In 2012, only 46,570 new victims were identified. Globally, there were only 7,705 prosecutions and 4,746 convictions for human trafficking crimes in 2012. In the United States, there were 2,515 suspected incidents of human trafficking investigated between January 2008 and June 2010. Of these, more than 80 percent of the victims of sex trafficking were U.S. citizens or nationals, and more than 90 percent of the victims of labor trafficking were undocumented or qualified aliens.


Human Rights Obligations To The Poor, Monica Hakimi Jan 2013

Human Rights Obligations To The Poor, Monica Hakimi

Faculty Scholarship

Poverty unquestionably detracts fromthe human rights mission.Modern human rights law recognizes a broad range of rights – for example, “to life, liberty, and security of person” and to adequate “food, clothing, and medical care.”1 Any number of those rights might go unrealized in conditions of extreme poverty. However, human rights law has always been partly aspirational. For those seeking to improve the lives of the poor, the key question is not what rights exist but how to make those rights operational.What does human rights law actually require of states? And how might its obligations benefit the poor?


Protecting The Lydias, Linas, And Tinas From Sex Trafficking: A Call To Eliminate Ambiguities Of 18 U.S.C. § 1591, Tiffanie N. Choate Jan 2013

Protecting The Lydias, Linas, And Tinas From Sex Trafficking: A Call To Eliminate Ambiguities Of 18 U.S.C. § 1591, Tiffanie N. Choate

Oklahoma Law Review

No abstract provided.


The Crisis Of A Definition: Human Trafficking In Bulgarian Law, Vladislava Stoyanova Dec 2012

The Crisis Of A Definition: Human Trafficking In Bulgarian Law, Vladislava Stoyanova

Vladislava Stoyanova

This article develops two arguments. First, at a national level in Bulgaria, the human trafficking framework is inoperable for identifying abuses worthy of consideration. By comparing the Bulgarian criminal law definition of human trafficking with the international law definition, I argue that the national criminal law definition is overly inclusive. This state of the Bulgarian criminal law makes it difficult to undertake a realistic assessment of the problem. Second, I submit that because the focus in Bulgaria has been exclusively directed towards the crime of human trafficking, the fact that the abuses of slavery, servitude and forced labour as such …