The Thirteenth Amendment, Human Trafficking, And Hate Crimes,
2016
Seattle University School of Law
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
Seattle University Law Review
The two most recent federal statutes passed pursuant to Congress’s Thirteenth Amendment enforcement power are the Trafficking Victims Protection Act of 2000 (TVPA) and the Shepard-Byrd Hate Crimes Act of 2009. While the Thirteenth Amendment basis of the TVPA has never been questioned in court, the constitutionality of the Shepard-Byrd Act has been challenged (albeit unsuccessfully) in a series of recent cases. This Essay will consider this disparity and suggest that it tells us something about the parameters of the Thirteenth Amendment enforcement power. In particular, it suggests that congressional power is at its apex when the conduct regulated—like human …
Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor,
2016
Seattle University School of Law
Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros
Seattle University Law Review
The articles in this Symposium are arranged in three clusters. One cluster focuses on the definition of slavery and involuntary servitude and the reach of the Thirteenth Amendment in prohibiting oppressive labor relationships. Another cluster analyzes several positive class-based rights that emanate from the Thirteenth Amendment. The final cluster examines contemporary examples of oppressive labor that could violate the Thirteenth Amendment’s proscription against slavery and involuntary servitude.
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination,
2016
Seattle University School of Law
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Seattle University Law Review
The Thirteenth Amendment currently enjoys a robust renaissance among legal scholars who contend that it provides a judicial remedy for and congressional authority to proscribe the “badges and incidents of slavery.” As discussed below, this interpretation, although not self- evident from the Amendment’s bare text, is well supported by the Amendment’s history and context, the Framers’ explicit intentions, the legislative debates in Congress leading to the Amendment’s adoption, and the contemporaneous legal understanding of the ways in which the Slave Power that had come to dominate and distort American society. This Article briefly explores whether the Thirteenth Amendment applies to …
A Positive Right To Free Labor,
2016
Seattle University School of Law
A Positive Right To Free Labor, Rebecca E. Zietlow
Seattle University Law Review
This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary servitude …
Toward Self-Determination - A Reappraisal As Reflected In The Declaration Of Friendly Relations,
2016
University of Georgia School of Law
Toward Self-Determination - A Reappraisal As Reflected In The Declaration Of Friendly Relations, C. Don Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Some Structural Dilemmas Of World Organization,
2016
International Labor Organization
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
Rights Of Minorities And Neglected Groups,
2016
Wayne State University
Rights Of Minorities And Neglected Groups, Deni Barci
Honors College Theses
The right of minorities and disadvantaged groups are essential to human rights and democracy. These issues are multilayered and each specific case presents its own challenges. To further understand the minority rights dilemma, the struggles of minority groups in the United States will be highlighted, as well as the Roma population in Macedonia. The comparison of domestic minority treatment within the United States and how minorities are treated in other nations will help to paint a broader picture of the difficulties that minorities across the world experience. The Roma in Macedonia have faced a more traditional form of limitation of …
Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo,
2016
Clark University
Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein
Sustainability and Social Justice
This paper aims to outline the existing policies aimed at providing protection for sexual abuse survivors in the Democratic Republic of the Congo. In an attempt to provide justice for the survivors of sexual abuse, an analysis of the 1992-1995 Bosnia and Herzegovina post-conflict reconstruction is included. In particular, prosecution of sexual violence and rape as a weapon of war will be provided in order to weigh the benefits and weaknesses of international criminal law. The conflict in eastern Democratic Republic of the Congo witnesses widespread and systematic sexual violence abuses. With over 60 armed groups at any given day, …
The Lingua Franca Of Reproductive Rights: The American Convention On Human Rights And The Emergence Of Human Legal Personhood In The New Civil And Commerce Code Of Argentina,
2016
University of Miami Law School
The Lingua Franca Of Reproductive Rights: The American Convention On Human Rights And The Emergence Of Human Legal Personhood In The New Civil And Commerce Code Of Argentina, Martin Hevia, Carlos Herrera Vacaflor
University of Miami International and Comparative Law Review
No abstract provided.
The Inter-American Court Of Human Rights: Emerging Patterns In Judgment Compliance,
2016
Indiana University Maurer School of Law
The Inter-American Court Of Human Rights: Emerging Patterns In Judgment Compliance, Shelom Velasco
Maurer Theses and Dissertations
The Inter-American Court of Human Rights (ICHR) is one of the central institutions promoting adherence to fundamental human right norms in the Americas, yet States fully comply with only 5% of its judgments. This low rate of compliance threatens the Court’s effectiveness and undermines the legitimacy of this regional human rights system. This dissertation analyzes the problem of noncompliance with ICHR judgments. Furthermore, it connects the problem of noncompliance and existing explanations in the ICHR with broader theories from the study of international relations in order to ground this regional case study in the larger debates about international legal norms …
Domination Or Kinship? Interpreting Feminist Concerns About Islamic Marriage Law,
2016
Washington University in St. Louis
Domination Or Kinship? Interpreting Feminist Concerns About Islamic Marriage Law, Rachel Sumption
Washington University Undergraduate Law Review
No abstract provided.
Restricting Publication Of False Statements Using Section 15 Of The Protection From Harassment Act,
2016
Singapore Management University
Restricting Publication Of False Statements Using Section 15 Of The Protection From Harassment Act, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
This case is the first High Court decision on the scope of s 15 of the Protection from Harassment Act. It raises interesting questions about the purpose of the Act and how its provisions relate to one another, as well as about the Government Proceedings Act and, more broadly, about the role of the law in media regulation in the Internet age.
Examining The Relationship Between Physical And Sexual Abuse And Mental Illnesses Among Female Inmates: Revising The Mental Health Care Process In Prisons,
2016
East Tennessee State Universtiy
Examining The Relationship Between Physical And Sexual Abuse And Mental Illnesses Among Female Inmates: Revising The Mental Health Care Process In Prisons, Josie Klepper
Undergraduate Honors Theses
Females are becoming a prominent population within America’s correctional facilities, which has led to incarcerated females increasingly becoming the popular subjects of more recent research. Along with the growing population of female inmates, the rates of sexual and physical victimization reported by incarcerated females is rapidly growing. The purpose of this project is to evaluate the pre-established correlation between mental health diagnoses, and the prior physical and/or sexual abuse of female inmates within the custody of correctional institutions, outline the current treatment process, and devise a revision of the treatment process in order to improve the future of mental health …
Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand,
2016
Assumption University Bangkok, Thailand, Mekong Region Law Center, Thailand
Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand, Pisawat Sukonthapan
Indonesia Law Review
This article focuses on “trafficking in persons” (TIP) in fisheries in Indonesia and Thailand. This The article refers to key international instruments on TIP and continues by discussing recent cases of TIP in fisheries in Indonesia that were reported in the first half of year 2015. It also explores national domestic legislation of Indonesia and Thailand in relation of measures to combat trafficking in the region. Bilateral and multilateral treaties such as the Treaty between the Government of the Kingdom of Thailand and the Government of the Republic of Indonesia Relating to Extradition and the ASEAN Treaty on Mutual Legal …
Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia,
2016
Faculty of Law, University of New South Wales, Australia
Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia, Jennifer Whelan, Rohaida Nordin, Ma Kalthum Ishak, Nursyuhada Matwi
Indonesia Law Review
Malaysia’s rapid economic development has relied on Malaysian workers as well as on migrant workers, especially from ASEAN countries and South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia’s implementation of its obligations as a Migrant Domestic Worker (MDW) receiving country specifically in relation to the barriers to MDW bringing claims where their rights have …
Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014),
2016
President University, Indonesia
Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan
Indonesia Law Review
This article reveals the opening of political and legal opportunities for the landless peasants of Central Java at the end of the 1990s to reclaim their lands that were confiscated during the end of the 1950s through a nationalization program to take over Dutch-controlled lands. Taking two sites of plantations that have been targeted as the peasantries’ land reclaiming campaign, this article shows the processes of the reclaiming, the responses of both plantation companies and state, and the respect of the state over rights to access to lands or property rights of the peasants as citizens. Using some legal and …
Prostitution Policy: Legalization, Decriminalization And The Nordic Model,
2016
Seattle University School of Law
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober,
2016
Seattle University School of Law
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State,
2016
Seattle University School of Law
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest,
2016
Seattle University School of Law
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
