Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 13 of 13
Full-Text Articles in Law
History Repeats Itself: Some New Faces Behind Sex Trafficking Are More Familiar Than You Think, Mary Graw Leary
History Repeats Itself: Some New Faces Behind Sex Trafficking Are More Familiar Than You Think, Mary Graw Leary
Scholarly Articles
This Essay argues that the historical pattern of businesses that benefit directly or indirectly from the slave trade opposing efforts to end that sale of human beings is repeating itself today. Some tech companies and other members of the digital economy face a perverse motivation: they profit indirectly from online sex trafficking and risk decreased profits from a more regulated Internet. As such, they take on the same role of the cotton and textile merchants of the nineteenth century, arguing for legislative action that will continue to enable the trade and exploitation of human beings, thereby allowing them to retain …
The Indecency And Injustice Of Section 230 Of The Communications Decency Act, Mary Graw Leary
The Indecency And Injustice Of Section 230 Of The Communications Decency Act, Mary Graw Leary
Scholarly Articles
Section 230 of the Communications Decency Act is a 1996 law wholly inadequate to address 21st Century problems. The most egregious example of this is online sex trafficking, which was allowed not only to exist, but also to thrive due, in large part, to §230. This Article examines the development of the jurisprudence regarding online advertising of sex-trafficking victims and juxtaposes the forces that created § 230 with those preventing its timely amendment. This Article argues that, although § 230 was never intended to create a regime of absolute immunity for defendant websites, a perverse interpretation of the non-sex …
Religious Organizations As Partners In The Global And Local Fight Against Human Trafficking, Mary Graw Leary
Religious Organizations As Partners In The Global And Local Fight Against Human Trafficking, Mary Graw Leary
Scholarly Articles
This paper explores the role of religious organizations as effective partners in the fight to end modern day slavery. As a crime with both global and local dimensions, trafficking must be combatted with tools that are both global and local. Such tools include the world’s religions and religious organizations. They have been addressing human trafficking for decades, and through their work with the poor, immigrants, and sexually exploited, they possess significant knowledge of the manifestations of this form of exploitation and can be important stakeholders in combating it. The paper concludes by offering several recommendations for how policymakers can deepen …
Dear John, You Are A Human Trafficker, Mary Graw Leary
Dear John, You Are A Human Trafficker, Mary Graw Leary
Scholarly Articles
Human trafficking finally presents a crime that appropriately shifts the culpability from the abused to the abuser. As the heinous world of human trafficking is studied and more is understood about its inner workings, we can no longer conflate victimization with over-criminalization. The purpose of this paper is to shine light on the force and fraud that perpetuates the enslavement of victims who are sexually trafficked. Beginning with the Mann Act passed by Congress and up until more recently, the Trafficking Victims Protection Act, this paper traces the historical and societal shifts that are necessary to situate Sex Purchasers in …
“Modern Day Slavery”- Implications Of A Label, Mary Graw Leary
“Modern Day Slavery”- Implications Of A Label, Mary Graw Leary
Scholarly Articles
Over the last decades much progress has been made in the fight against human trafficking. As with any social movement, divisions exists among activists and scholars on the most effective direction to execute social change. Often, these focus on language. One such critical discussion is whether it is appropriate to label human trafficking “Modern Day Slavery.” Although the term has existed for several years, the analogy gained a more full acceptance with its use by President Obama in September 2012 when he described “the injustice, the outrage, of human trafficking which must be called by its true name -- modern …
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
Scholarly Articles
On December 13, 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (“CRPD”). Widely touted as the “first comprehensive human rights treaty of the 21st century,” and effusively praised for its open negotiation process, the CRPD was opened for signature on March 30, 2007. The CRPD quickly entered into force on May 3, 2008. As it rapidly amassed signatories, the CRPD inspired great hope that its comprehensive approach would do much to overcome the consistent failure to promote the dignity of those with disabilities in meaningfully concrete ways.
The CRPD has garnered much recent and …
Bioethics And Human Rights: Toward A New Constitutionalism, George P. Smith Ii
Bioethics And Human Rights: Toward A New Constitutionalism, George P. Smith Ii
Scholarly Articles
No abstract provided.
Ochrona Praw Czlowieka Z Perspektywy Ameriykanskiej Oceny Historycznego Legatu Rady Europy, Rett R. Ludwikowski
Ochrona Praw Czlowieka Z Perspektywy Ameriykanskiej Oceny Historycznego Legatu Rady Europy, Rett R. Ludwikowski
Scholarly Articles
No abstract provided.
Education And Promotion Of Human Rights From A European And American Perspective, Rett R. Ludwikowski
Education And Promotion Of Human Rights From A European And American Perspective, Rett R. Ludwikowski
Scholarly Articles
What are the concrete goals of human rights education and what obstacles may restrain the development of successful educational projects? What do we actually teach and how advanced are our educational programs in general, and academic education in particular? Is there a concrete consensus on the interdependencies between different types of human rights, their hierarchy, and the standards of their protection? Is an optimistic attitude regarding the universalistic doctrine of human rights fully rooted in facts? How may we communicate to our students the concept of universally recognized, irremovable, and interdependent rights while acknowledging the many ethical, religious and cultural …
Universal Human Rights, The United Nations, And The Telos Of Human Dignity, William J. Wagner
Universal Human Rights, The United Nations, And The Telos Of Human Dignity, William J. Wagner
Scholarly Articles
In this short essay, I seek to provide a description of the way the rights framework, by its nature, functions to unify global practice around normative ideals. I then outline obstacles, both theoretical and practical, to the effective functioning of this framework and the advancement of its purpose. Next, I lay out and critique the means that the Church, in its official teaching, proposes for overcoming these obstacles. I conclude by sketching briefly what I understand to be a more adequate program for addressing the impediments that exist to the realization of the aspiration of universal respect for human dignity …
Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson
Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson
Scholarly Articles
This Article asks whether international human rights law obliges states to admit foreign pilgrims, and if so, whether the existence of such an obligation should influence interpretation of the Fundamental Agreement. Part I of this Article takes up a logically prior question: whether the Fundamental Agreement is a legally binding treaty, and whether it should be interpreted in accordance with treaty law. The Article rejects recent suggestions that one or both parties lack the capacity to make treaties, and it concludes that the Agreement is a binding treaty that should be interpreted in accordance with the Vienna Convention on the …
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Scholarly Articles
No abstract provided.
La Integridad De La Mujer, Women And Human Rights In Mexico City, Internship Report, Stacy Brustin
La Integridad De La Mujer, Women And Human Rights In Mexico City, Internship Report, Stacy Brustin
Scholarly Articles
No abstract provided.