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Lessons From The Road: Ecuador, Jamaica, And Other Efforts To Combat Trafficking In Persons In The Americas, Salvador A. Cicero-Dominguez
Lessons From The Road: Ecuador, Jamaica, And Other Efforts To Combat Trafficking In Persons In The Americas, Salvador A. Cicero-Dominguez
Northern Illinois University Law Review
This article identifies obstacles encountered in the hemisphere and provides practical examples in order to assist countries in adopting laws that are not only consistent with their international obligations, but more importantly help them better serve their citizenry. The article also explores the various ideas and lessons learned over the last five years throughout the hemisphere, drawing heavily from the author's experience in Ecuador and in the course of training throughout the American continent for consular, immigration, law enforcement officers, and United Nations' Peace Keeping forces. A brief comment is made of various laws adopted in the region, and analysis …
On Making Persons: Legal Constructions Of Personhood And Their Nexus With Human Trafficking, Karen E. Bravo
On Making Persons: Legal Constructions Of Personhood And Their Nexus With Human Trafficking, Karen E. Bravo
Northern Illinois University Law Review
This article identifies and analyzes the role of law in constructing personhood and the impact of such construction on human trafficking. Who is a “person”? Are all human beings “persons”? Are children, legal immigrants, undocumented migrants, ex-convicts, and/or individuals who have been trafficked “persons” or “quasipersons” under contemporary law? The concept and term “person” is ubiquitous in the legal literature – in statutes, constitutions, and treaties. It is deployed and manipulated by courts and legislatures to give and withhold rights to groups, entities, and individuals within societies. However, where legal recognition and protection of personhood is withheld, it creates vulnerability …
A Rational Post-Booker Proposal For Reform Of Federal Sentencing Enhancements For Prior Convictions, Caleb E. Mason, Scott M. Lesowitz
A Rational Post-Booker Proposal For Reform Of Federal Sentencing Enhancements For Prior Convictions, Caleb E. Mason, Scott M. Lesowitz
Northern Illinois University Law Review
In this article we propose a solution to one of the more vexing problems in current federal sentencing jurisprudence: classification of prior offenses for the purpose of applying sentencing enhancements in immigration cases. The current system is unduly difficult to apply and leads to poor sentencing outcomes. We urge the United States Sentencing Commission to conduct systematic empirical surveys of crime definitions and prosecution practice, on both the interstate and intrastate level. The Commission should use those surveys to determine which specific statutes of conviction should trigger the relevant enhancements, instead of forcing the courts to decide on a statute-by-statute …