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Full-Text Articles in Law
Cultivating Forgiveness: Reducing Hostility And Conflict After Divorce, Solangel Maldonado
Cultivating Forgiveness: Reducing Hostility And Conflict After Divorce, Solangel Maldonado
Solangel Maldonado
In recent years, scholars writing in the emerging “law and emotion” field have explored the role of emotions on criminal, administrative, securities, torts, employment, and constitutional law. Yet, surprisingly few scholars have examined their role in family law. Examining the role of emotion in family law is particularly important because the potential for harm resulting from “negative emotions” such as persistent anger and the desire for vengeance may be greater in the family law context. A divorced parent’s anger towards the other parent can lead to excessive conflict for years after the legal relationship has ended, harming both parents and …
"Avoiding Harm Otherwise": Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret Johnson
"Avoiding Harm Otherwise": Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret Johnson
Margaret E Johnson
This article concerns the concepts of employee harm and harm avoidance within the liability framework for hostile work environment sexual harassment by a supervisor. Whether an employer is liable for supervisor sexual harassment depends in part on whether or not the employee avoids her harm or mitigates her damages resulting from the sexual harassment. Despite the law’s interest in employee’s harm avoidance, courts have failed to fully explore the vast array of harms resulting from sexual harassment and the variety of ways in which an employee avoids these multiple harms. This article reframes the legal discussion of an employee’s actions …
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Ann Bartow
Copyright laws are written and enforced to help certain groups of people assert and retain control over the resources generated by creative productivity. Because those people are predominantly male, the copyright infrastructure plays a role, largely unexamined by legal scholars, in helping to sustain the material and economic inequality between women and men. This essay considers some of the ways in which gender issues and copyright laws intersect, proposes a feminist critique of the copyright legal regime which advocates low levels of copyright protections, and asserts the importance of considering the social and economic disparities between women and men when …
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa S. Cianciarulo
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa S. Cianciarulo
Marisa S. Cianciarulo
The international trafficking of human beings has emerged as one of the most lucrative and far-reaching industries in the world, second only to trafficking in drugs and tied with trafficking in arms. Many victims of international human trafficking, including teenagers and young children, are forced to work in the sex trade. Others work in areas such as agriculture, restaurants and sweatshops. In 2000, in an effort to combat trafficking and encourage trafficking victims to assist in the prosecution of traffickers, the United States enacted the Victims of Trafficking and Violence Protection Act (VTVPA), which created a new visa, called the …
Child Laundering As Exploitation: Applying Anti-Trafficking Norms To Intercountry Adoption Under The Coming Hague Regime, David M. Smolin
Child Laundering As Exploitation: Applying Anti-Trafficking Norms To Intercountry Adoption Under The Coming Hague Regime, David M. Smolin
David M. Smolin
Child laundering occurs when children are illicitly obtained by fraud, force, or funds, and then processed through false paperwork into "orphans" and then adoptees. Child laundering thus involves illegally obtaining children by abduction, fraud, or purchase for purposes of adoption. My prior work has documented and analyzed the widespread existence of child laundering in the intercountry adoption system. This article argues that child laundering is a form of exploitation, and hence qualifies as a form of human trafficking. Once child laundering is understood as an exploitative form of child trafficking, legal and ethical norms currently applied to human trafficking become …