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Law Commons

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Articles in Law Reviews & Other Academic Journals

Series

2014

Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie Chuang Jan 2014

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie Chuang

Articles in Law Reviews & Other Academic Journals

The U.S. government and influential NGOs have been promoting a greatly expanded legal and policy understanding of the problem of human trafficking, recasting forced labor as trafficking, and trafficking as "modern-day slavery." The aggregate effect is a doctrinally problematic "exploitation creep." For strong legal and policy reasons, anti-trafficking efforts should target struc- tural vulnerability to trafficking through strengthened labor frameworks. On the same grounds the article contests initiatives to conflate human trafficking with slavery and to address trafficking primarily under an ex post crime-control par- adigm focused on perpetrator accountability and victim protection.


Soft Whistleblowing, Amanda Leiter Jan 2014

Soft Whistleblowing, Amanda Leiter

Articles in Law Reviews & Other Academic Journals

This Article explores the underappreciated role that agency insiders play in directing outside oversight of their employer agencies and, in turn, manipulating agency policy development. Specifically, the Article defines, documents, and evaluates the phenomenon of "soft whistleblowing"-an agency employee's deliberate, unsanctioned, substantive, and instrumental disclosure of nonpublic information about issues of policy. This phenomenon is ubiquitous but has received no systematic attention in the academic literature. As the Article demonstrates, agency employees regularly engage in soft whistleblowing to congressional staff, journalists, and agency watchdog groups, in an effort to bring outside pressure to bear on their employer agencies to shift …