Law Commons^™

Interest Groups In The Teaching Of Legal History, Herbert J. Hovenkamp

All Faculty Scholarship

One reason legal history is more interesting than it was several decades ago is the increased role of interest groups in our accounts of legal change. Diverse movements including law and society, critical legal theory, comparative law, and public choice theory have promoted this development, even among writers who are not predominantly historians. Nonetheless, in my own survey course in American legal history I often push back. Taken too far, interest group theorizing becomes an easy shortcut for assessing legal movements and developments without fully understanding the ideas behind them.

Intellectual history in the United States went into decline because …

Torch (November 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State (Abtract, Peer-Reviewed), Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman, Faith Skodmin, Jessica Wainfor

Donna M. Hughes

This panel will discuss the persistence of slavery in the form of human trafficking in Rhode Island. To address modern-day slavery-like practices, the U.S. passed the Trafficking Victims Protection Act in 2000 and Rhode Island passed the Trafficking of Persons and Involuntary Servitude Act in 2009. Both state and federal anti-human trafficking laws identify two types of human trafficking: forced labor and sex trafficking.

This panel will present the findings of original research done by the five authors during the Spring 2014 on human trafficking cases in Rhode Island from 2009-2013. Sources for analysis of these cases include: police reports, …

Presentation, The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State, Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman

Donna M. Hughes

No abstract provided.

Becoming Dacamented: Assessing The Short-Term Benefits Of Deferred Action For Childhood Arrivals (Daca), Roberto G. Gonzales, Veronica Terriquez, Stephen Ruszczyk

Department of Sociology Faculty Scholarship and Creative Works

In response to political pressure, President Obama authorized the Deferred Action for Childhood Arrivals (DACA) program in 2012, giving qualified undocumented young people access to relief from deportation, renewable work permits, and temporary Social Security numbers. This policy opened up access to new jobs, higher earnings, driver’s licenses, health care, and banking. Using data from a national sample of DACA beneficiaries (N = 2,381), this article investigates variations in how undocumented young adults benefit from DACA. Our findings suggest that, at least in the short term, DACA has reduced some of the challenges that undocumented young adults must overcome …

Human Trafficking To Northern America: The Balkan Connection, Natalya Timoshkina, Naser Miftari, Antonela Arhin

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This paper draws on the results of a large multi-method study, which examined human trafficking from the former Eastern Bloc to Northern America (Canada and the United States). The study was conducted in 2011-2013, and funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). The analysis is grounded in the findings from 9 countries of the Balkan region included in the study: Albania, Bulgaria, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia, and Slovenia. The following data sources were used: (a) national and international reports, media and academic articles, and various documents (in English and official languages …

Hidden In Plain Sight: Exploring The Vulnerabilities Of Street-Working Boys In Se Asia, Jarrett Davis, Glenn Miles

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

The sexual exploitation of men and boys is often little understood and commonly goes ignored. Internationally, it is said that 1 in 6 boys are sexually abused before reaching adulthood and in some nations the exploitation and abuse of boys far outweighs that of girls. Social and cultural norms often assume men and boys to be inherently strong and/or invulnerable to sexual exploitation; however, research in this area continues to show these assumptions to be false. Because of this lack of awareness, the efforts of the organizations and individuals who work to provide for the needs of male victims are …

Human Trafficking, Education And Migration At Ngos In Cambodia And Thailand, Robert Spires, Xinyi Duan

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This presentation is based on in-progress collaborative research between researcher Dr. Bob Spires and Hong Kong-based NGO Liberty Asia. The research involves interviews and observations conducted at multiple NGOs in Cambodia and Thailand working to address human trafficking and incorporating educational components into their programs. The study uses comparative lenses to examine issues of education and migration in both the Cambodian and Thai context for human trafficking survivors and at-risk populations. The study is interdisciplinary, drawing on the work on human trafficking in several social science fields. The framework for the research is based on Frank Laczko and Elzbieta Gozdziak’s …

Analysis Of Human Trafficking Cases In Rhode Island, 2009-2013, Donna M. Hughes, Rachel Dunham, Faith Skodmin, Lucy Tillman, Jessica Wainfor

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This presentation is an analysis of seven state and federal cases of human trafficking, including forced labor and sex trafficking, in Rhode Island from 2009 until 2013. In 2009, Rhode Island passed a comprehensive human trafficking law. Since then there have been six cases of sex trafficking and one case of forced labor. Sources for information on the human trafficking cases were police reports, witness statements, court documents and media reports. This presentation will briefly summarize the cases and discuss the similarities and difference among the cases and discuss of some key findings from these cases, which include:
1) Victims …

Bra’S For A Cause: A Service Learning Project In A Freshman Level Human Trafficking Course, Beth A. Wiersma

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Women and Children for Sale: The Global Problem of Human Trafficking is a General Studies Portal course for college freshman at a Midwestern university. The students in the course were surveyed the first day of class about why they chose the course, what they hoped to get out of the course, what they believed to be true about human trafficking, and how they learned about human trafficking. During the semester the students planned and carried out a service learning project “Bras for a Cause”. This project involved educating others about human trafficking and collecting bras. The bras are sent overseas …

The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Slavery is now illegal by all states and under international law. Contrary to the hopes of abolitionists, this state of affairs has transformed rather than eradicated slavery as an institution. Furthermore, responses by states to post-abolition forms of slavery have often been less than ideal. This paper begins by comparing two state responses to slavery in the early 20th century: the federal peonage trials in Montgomery, Alabama from 1903-1905, and the federal response to an alleged epidemic of “white slavery” from 1909-1910, culminating in the passage of the White Slave-Traffic Act. Taken together, these responses engender pessimism about the state …

On “Trafficking And Health”, Dominique Stewart

e-Research: A Journal of Undergraduate Work

This paper discusses the article "Trafficking and Health" by Joanna Busza, Sarah Castle, and Aisse Diarra. Human trafficking is unfortunately addressed by many political systems as a migration issue ‐‐ to be dealt with by restricting the rights of migrants, tightening border controls, etc. However, as we see in this article it is more of a health and human rights issue than anything else. Addressing a problem with the wrong diagnosis does nothing to solve it and oftentimes exacerbates it, and human trafficking is no exception to this. But with the right approaches, the damage caused by trafficking can be …

Torch (September 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky, Theresa C. Hayden

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …

Reconstructing A College Model For Countering Human Trafficking, Ron D. Petitte

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Assessment is a hallmark of 21st Century academia. Accordingly, the 2013 college model for countering human trafficking² was reviewed and assessed by the author, leading to a restructuring of the model, in order to present developments that have occurred since the October 2013 Interdisciplinary Conference on Human Trafficking, at the University of Nebraska-Lincoln, as well as attempting to engineer a more practical and effective model: There are two areas of research that link directly to the spectre of human trafficking. The first is economics; and, the question that is raised: “Is human trafficking, today, the result of unjust economic …

The Social And Economic Implications Of Human Trafficking In Nigeria: Naptip In Focus, Eunice I. Anuforom

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Human trafficking is globally recognized as a modern day slavery with multifarious negative socio-economic, legal and health implications. Besides drugs trafficking and gun running, human trafficking has become a lucrative business globally and yields an estimated US$32 million annually. Traffickers trade on human lives, subject them to gory and traumatic experiences in order to make profits. Human trafficking is therefore the worst form of human rights violations and a gender based violence against female who constitute the majority of the victims in the country. Regrettably, Nigeria occupies the ignoble position of a source, transit and destination country for trafficking. In …

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky, Theresa C. Hayden

Faculty Scholarship

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Flawed Analysis Of Prostitution In Rhode Island, Donna M. Hughes Dr., Margaret Brooks

Donna M. Hughes

The Importance Of Community Resilience: Developing The American Red Cross International Services Department In The New Hampshire Region, Sarah Romac

Capstone Collection

Disaster management and humanitarian aid organizations have had to reevaluate how communities and individuals can better adapt and prepare for future disaster events. One concept organizations are incorporating into their overall framework is strengthening community resilience. Increasing a community’s resilience level increases its ability to cope with the changes that affect it. Creating awareness of the vulnerabilities in an area, addressing these vulnerabilities with preparedness training, disaster risk reduction (DRR), and sustainable changes made over the long-term can develop a community’s adaptive capacity to be more resilient.

For my practicum, I was given the opportunity to be the International Services …

Compensating Victims Of Crime, Douglas N. Evans

Publications and Research

Victims of violent crime are often unable to access financial compensation to offset the costs of victimization (e.g., medical, lost wages, funeral expenses) despite the massive amounts of money set aside for just that purpose. Currently, there is about $11 billion in the federal Crime Victims Fund (CVF). Less than 10 percent of this amount is allocated to state victim compensation programs. This report explores the funding mechanisms used by federal and state governments to compensate victims of crime, and it describes the administrative and policy problems in these systems. The report offers several recommendations for improvement. States have their …

Torch (June 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

"I Want To Be Brave": A Baseline Study On The Vulnerabilities Of Street-Working Boys In Sihanoukville, Cambodia, Jarrett Davis, Glenn Miles, M’Lop Tapang

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Focusing on street-working boys in Sihanoukville, this study partnered with social workers and child protection officers from M’lop Tapang (a key social service provider in Sihanoukville) to identify locations where young boys were known to be working along the beaches and within the town center. In recent years, Sihanoukville has become known as a rapidly developing commercial beach area, which has received increasing attention from foreign tourists, backpackers, and ex-patriots. Within this context, it has become a destination for migrant workers from surrounding provinces who have hopes of generating income through selling, begging, and other various means. The study conducted …

The Trouble With Inclusion, Yuvraj Joshi

Yuvraj Joshi

Attempts are being made to include members of excluded groups in societal institutions. Inclusion has been proposed as the solution to the injustice caused by exclusion. Yet, inclusion does not always achieve justice and might sometimes perpetuate injustice. This Article provides a framework for understanding inclusion that may fail to achieve social justice and uses this framework to assess the inclusion of lesbians and gays within marriage (marriage equality) and of women and minorities within organizations (organizational diversity). The former case study examines the legal and social movement for recognizing same-sex marriage while the latter engages a range of contemporary …

Torch (April 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr.

Donna M. Hughes

For almost 30 years (1980-2009) there were no laws against indoor prostitution in Rhode Island. During that time, being an owner of a strip club where prostitution occurred in the private booths or being a landlord for a massage parlor that was really a brothel were shady, but legal, ways to make money. During the same time, there was no comprehensive law against human trafficking and there was no law banning underage girls from stripping in the clubs.

Torch (February 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Trafficking In Child Labor In Ghana And Senegal, Steven Brandt

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

The goal of this paper is to determine the efficacy of anti-trafficking governance in Senegal and Ghana and what social, political, legal and economic factors work for or against those policies such as: - social policies for and against the growth of the NGO community - enforcement of anti-trafficking laws - economic policies for impoverished urban and rural communities - government rehabilitation policies for minors - federal, state and local corruption - border security/immigration - religious and political freedom This research comprises a comprehensive literature analysis as to the current state of trafficking of minors in Ghana and Senegal. First …

Giving Meaning To 'Meaningful Access' In Medicaid Managed Care, Mary Crossley

Articles

As states seek to shift Medicaid recipients with disabilities out of traditional fee-for-service settings and into managed care plans, vexing questions arise about the impact on access to needed care and providers for beneficiaries with medically complex needs. With many states expanding their Medicaid program as part of health care reform and cost-containment pressures continuing to mount, this movement will likely accelerate over the next several years. This Article examines the possibility that disability discrimination law might provide a mechanism for prodding states in the planning stage to anticipate and plan for likely access issues, as well as for challenging …

Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky

All Faculty Scholarship

There is general agreement that the “promise” of Gideon has been systematically denied to large numbers of criminal defendants. In some cases, no counsel is provided; in many others, excessive caseloads and lack of resources prevent appointed counsel from providing effective assistance. Public defenders are forced to violate their ethical obligations by excessive case assignments that make it impossible for them to practice law in accordance with professional standards, to say nothing of Sixth Amendment commands. This worsening situation is caused by the failure of governmental bodies to properly fund indigent defense services and by the refusal of courts to …