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Full-Text Articles in Law

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney Sep 2018

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …


Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel Jun 2018

Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel

Michigan Journal of Race and Law

Part I compares the nineteenth century cases of the Antelope and the Amistad to identify why they resulted in different outcomes despite having similar fact patterns. The Antelope concerned the fate of approximately 280 African captives discovered on a slave trade ship upon its interception by a U.S. revenue cutter. Since the slave trade in the United States was illegal at the time, the captives were transported to Savannah for trial through which their status—free or slave—would be determined. After a lengthy trial and appeals process in which Spain and Portugal laid claim to the captives, the Supreme Court determined …


Mass Incarceration: Slavery Renamed, Samantha Pereira May 2018

Mass Incarceration: Slavery Renamed, Samantha Pereira

Themis: Research Journal of Justice Studies and Forensic Science

This paper aims to analyze the connections between slavery and mass incarceration. It begins by giving background information regarding the topic and setting the framework to argue that slavery was never abolished, but was instead continued using mass incarceration. The paper then goes on to further explain this concept by examining the constitutional and judicial laws in the United States, slave plantations and prisons, with regard to geographical, architectural, and operational design, and finally, the role of society in both systems. The framework for continuing slavery was set with the passing of the 13th Amendment and has since been expanded …


Medical Apartheid: A Book Review, Carmen Kennedy May 2018

Medical Apartheid: A Book Review, Carmen Kennedy

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.


Bankrupted Slaves, Rafael I. Pardo May 2018

Bankrupted Slaves, Rafael I. Pardo

Vanderbilt Law Review

Responsible societies reckon with the pernicious and ugly chapters in their histories. Wherever we look, there exist ever-present reminders of how we failed as a society in permitting the enslavement of millions of black men, women, and children during the first century of this nation's history. No corner of society remains unstained. As such, it is incumbent on institutions to confront their involvement in this horrific past to fully comprehend the kaleidoscopic nature of institutional complicity in legitimating and entrenching slavery. Only by doing so can we properly continue the march of progress, finding ways to improve society, not letting …


Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson Mar 2018

Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson

Chicago-Kent Law Review

No abstract provided.


The Profit And Loss Report On Animal Rights: How Profit Maximization Has Driven The Stagnation Of The Legal Identification Of Animals As Property, Anthony M. Doss Feb 2018

The Profit And Loss Report On Animal Rights: How Profit Maximization Has Driven The Stagnation Of The Legal Identification Of Animals As Property, Anthony M. Doss

University of Massachusetts Law Review

The concern for the wellbeing and humane treatment of animals continues to grow in the United States. However, while public opinion on how animals should be treated has largely changed, the legal classification for animals has not. Nonhuman animals today, just as in centuries past, keep only a property classification in the law. This classification, which we humans assign to furniture, jewelry, and paper plates, comes with a set of legal rights held exclusively by the owner of the property. These rights bestow upon the owner the abilities to sell, use, and destroy the property as they see fit with …


Slave Gambling In The Antebellum South, Robert M. Jarvis Jan 2018

Slave Gambling In The Antebellum South, Robert M. Jarvis

Florida A & M University Law Review

In the Antebellum Era (c. 1800-60), Southern slaves gambled regularly, both with each other and with free blacks and poor whites. This fact has received a fair amount of scholarly attention. Curiously, however, the reported court opinions involving such gambling have been all but overlooked. Accordingly, this article collects and discusses these decisions. As will be seen, Southern judges often were exasperated by the less-than-precise wording of the laws that were put in place to punish slaves who gambled and whites who facilitated or participated in such gambling.


Slavery, Religion And Reconciliation, Bill Piatt Jan 2018

Slavery, Religion And Reconciliation, Bill Piatt

Intercultural Human Rights Law Review

Santa Fe is a beautiful, culturally rich and diverse city. I am a native Santa Fean, and my mixed Hispanic/Indian/Anglo/African blood reflects the ethnic makeup of the region. Each year the city celebrates a Fiesta. One component, the Entrada, celebrates the "peaceful" re-conquest of the Indigenous people by the Spanish colonizers. Controversy has arisen in recent years as activists challenge the memorialization of a tradition that they feel represents slavery and brutality. Linking their struggle to recent efforts to remove memorials to the Confederacy, they have sought to physically block the re-enactment, leading to arrests, collateral conflict, and the very …


Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps Jan 2018

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Indiana Law Journal

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …