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Brief Of Human Rights And Labor Rights Organizations And Experts As Amici Curiae In Support Of Petitioners, Janie A. Chuang

Amicus Briefs

Since Congress first enacted the Trafficking Victims Protection Act of 2000, it has expanded and strengthened it through successive reauthorizations. Congress has broadened the scope of the TVPRA in order to impose criminal and civil liability on individuals, corporations, and other legal persons who use, or knowingly benefit from ventures that use, forced labor, as well as those who aid and abet these practices. Through this legislation, Congress has bolstered efforts to hold traffickers accountable, opening the courthouse doors to victims of these egregious crimes.

The Ninth Circuit's decision below undermined the very statutory scheme Congress put in place to …

Using Global Migration Law To Prevent Human Trafficking, Janie Chuang

Articles in Law Reviews & Other Academic Journals

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty-the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol).' Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable-if not encourage -the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights …

Giving As Governance: Philanthrocapitalism And Modern-Day Slavery Abolitionism, Janie Chuang

Articles in Law Reviews & Other Academic Journals

This Essay examines the potential influence of a new breed of actor in the global antitrafficking arena: the venture philanthropist, or "philanthrocapitalist." Philanthrocapitalists have already helped rebrand "trafficking" as "modern-day slavery," and have expressed their ambitions to lead global efforts to eradicate the problem. With their deep financial resources and access to powerful networks, philanthrocapitalists hold tremendous power to shape the future trajectory of the antitrafficking movement. this Essay warns, however, against the possibility that philanthrocapitalists could also reconfigure the landscape of global antitrafficking policymaking, marginalizing or even displacing other actors' efforts to address the problem.

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.

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Articles in Law Reviews & Other Academic Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …