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How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page 2012 FAMU College of Law

How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page

Journal Publications

Human trafficking is, sadly, a part of the fabric of the 21st century global community, but it has different goals than those of sex trafficking. One expert defines human trafficking as “‘an opportunistic response’ to the tension between the economic necessity to migrate . . . and the politically motivated restrictions on migration”. To give an idea of how widespread sex trafficking is, understand that it is now more profitable for criminals to sell women for sex than it is to sell drugs. Drugs are disposable and finite. Women can be resold over and over and over again. These “commodities” …


Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld 2012 Florida A&M University College of Law

Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld

Florida A & M University Law Review

No abstract provided.


Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko 2012 Florida A&M University College of Law

Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko

Florida A & M University Law Review

No abstract provided.


China's Internet Policies Within The Global Community, Omar Saleem 2012 Florida A&M University College of Law

China's Internet Policies Within The Global Community, Omar Saleem

Journal Publications

No abstract provided.


The Strong Arm Of The Law Is Weak: How The Tvpa Fails To Effectively Assist Victims Of The Sex Trade, Cheryl Page 2012 FAMU College of Law

The Strong Arm Of The Law Is Weak: How The Tvpa Fails To Effectively Assist Victims Of The Sex Trade, Cheryl Page

Journal Publications

Acts that occur in the underbelly of our global community can be shocking to many, but they occur every night and day right in our own neighborhoods. Sex trafficking, a derivative of human trafficking, is occurring in epidemic proportions on a global scale while the victims are suffering in silence. Sexual exploitation has taken the media forefront in recent years.' Much legislation has been passed to try to curb this illegal marketing of innocent women and children. Laws in various countries have been evaluated, studied, and researched and lead to the sad conclusion that these laws alone are insufficient in …


Cybercrime, Ronald C. Griffin 2012 Florida A & M University College of Law

Cybercrime, Ronald C. Griffin

Journal Publications

This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.


A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts, Stuart Ford 2012 Vanderbilt University Law School

A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts, Stuart Ford

Vanderbilt Journal of Transnational Law

There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …


Lifting The Veil Of Secrecy: Judicial Review Of Administrative Detentions In The Israeli Supreme Court, Shiri Krebs 2012 Vanderbilt University Law School

Lifting The Veil Of Secrecy: Judicial Review Of Administrative Detentions In The Israeli Supreme Court, Shiri Krebs

Vanderbilt Journal of Transnational Law

All around the world, hundreds of individuals are constantly subjected to administrative detentions designed to prevent them from committing future atrocities. Generally, the main protection against arbitrary and unjustified administrative detentions is judicial review. Nonetheless, judicial review of administrative detention proceedings suffers from inherent difficulties and is typically based on ex parte proceedings and secret evidence. In spite of these difficulties and based on a few renowned cases, it is widely accepted in the scholarly debates that the Israeli judicial review model is robust and effective. Therefore, prominent international law scholars often recommend the adoption of this model in various …


Virtual Witness Confrontation In Criminal Cases, Yvonne M. Dutton 2012 Vanderbilt University Law School

Virtual Witness Confrontation In Criminal Cases, Yvonne M. Dutton

Vanderbilt Journal of Transnational Law

Maritime piracy is a serious problem, yet states are not prosecuting captured pirates with any regularity. One of the many reasons cited to explain this phenomenon focuses on the expense and difficulty of mounting cases of such international proportions and which involve evidence, suspects, victims, and witnesses from around the globe. In an effort to help close the impunity gap that surrounds piracy, this Article offers a potential solution to the difficulties associated with obtaining live witness testimony. It proposes a rule to allow witnesses under some circumstances to testify remotely by way of two-way, live videoconferencing technology. While remote …


Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone 2012 University of Colorado Law School

Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone

Publications

Scholars and practitioners alike have recently pointed to the idea of a "new moment" in the field of law and economic development, as well as a hope for a fruitful rethinking of political economy. The idea is that we have passed out of the period of high "neoliberalism," associated at one time with Reagan, Thatcher, and the so-called Washington Consensus and now eclipsed by the ascendance of the Obama Administration. The hope attending the new consensus is that, in the wake of neoliberal law and policy, the field of law and development might be on the verge of a new …


Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, John C. Duncan, Jr. 2012 Florida A&M University College of Law

Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, John C. Duncan, Jr.

Journal Publications

This article analyzes methods and doctrines used by States to acquire territories. The role of the United Nations in resolving disputes between nations and the inhabitants directly affected by the disputes is also addressed, including the jurisdictional, jurisprudential, and practical considerations of territorial acquisition. Finally, traditional territorial acquisition doctrines are applied to extraterrestrial and outer space acquisition. As Western civilization etched out territories and borders across its known world, international norms of diplomatic behavior appeared in the form of customs. These customs eventually grew into codifications, which in turn grew into the elaborate international system enjoyed and protested today. Laws …


Reimagining International Water Law, Tim Stephens 2012 University of Maryland Francis King Carey School of Law

Reimagining International Water Law, Tim Stephens

Maryland Law Review Online

No abstract provided.


Jailing The Johns: The Issue Of Demand In Sex Trafficking, Cheryl Page 2012 FAMU College of Law

Jailing The Johns: The Issue Of Demand In Sex Trafficking, Cheryl Page

Journal Publications

Slavery is an institution that many people believe no longer exists. Slavery has not ended and there are millions of innocent victims caught in this system. This is not the slavery that was fought over in the U.S. Civil War. This form of slavery is not very different from colonial slavery-innocent people caught and trapped in this web of sex for service. Today, this form of slavery is better known as human trafficking. This is a brutal, heinous, and damaging situation that many women and children find themselves in as unwilling participants.' Most victims have little to no hope of …


An International Treaty For Animal Welfare, David Favre 2012 Michigan State University College of Law

An International Treaty For Animal Welfare, David Favre

Animal Law Review

Currently there is no international agreement that ensures the welfare and protection of animals. Nor is there any international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current disparate treatment of animals around the world, echoing the need for an international framework addressing the issue. This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This …


The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity, Luna Droubi 2012 New York Law School

The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity, Luna Droubi

NYLS Law Review

No abstract provided.


Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray 2012 University of Richmond

Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray

Richmond Journal of Law & Technology

After two long years collecting hundreds of gigabytes of e-mail, data base reports, and social media posts from countries in Europe, Asia, and South America, such as France, South Korea, Argentina, Canada, Australia, and El Salvador, the day of trial has arrived. The trial team has obtained the data at great cost, in dollars as well as person-hours, but is finally ready for trial. First-chair counsel, second-chair counsel, and four paralegals file into the courtroom, not with bankers boxes full of documents as in earlier times, but with laptops, tablet computers, and a data projector. Following opening statements, the first …


Chinese Border Disputes Revisited: Toward A Better Interdisciplinary Sythesis, Roda Mushkat 2012 Johns Hopkins University

Chinese Border Disputes Revisited: Toward A Better Interdisciplinary Sythesis, Roda Mushkat

Richmond Journal of Global Law & Business

China has long been embroiled in a wide array of territorial disputes and has occasionally flexed its military muscle in the process. Its conduct in such situations has been of great theoretical and practical relevance and has attracted considerable attention from scholars across the socio-legal spectrum. Researchers in the field of international law have carefully surveyed official and semi-official Chinese pronouncements and practices, while their social science counterparts have rigorously dissected key behavioral patterns. This is an inherently complex subject that this two-pronged approach has not yet been able to comprehensively address, however, because scholars engaged in the enterprise have …


Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson 2012 American University, Washington College of Law

Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson

Contributions to Books

This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing …


Inclusionary Housing On A Global Basis, James J. Kelly Jr. 2012 Notre Dame Law School

Inclusionary Housing On A Global Basis, James J. Kelly Jr.

Journal Articles

This is a book review of Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture (2010, Nico Calavita and Alan Mallach, eds.). The book offers a comparative look at land-use based approaches to the creation of affordable housing in a broad range of developed countries. A little less than a sixth of the book is dedicated to the U.S., with special attention given to the development on inclusionary programs in California and New Jersey. The editors then devote a chapter each to Canada, England, Ireland, France, Spain and Italy. The penultimate chapter looks at inclusionary practices …


Cyber Security Without Cyber War, Mary Ellen O'Connell 2012 Notre Dame Law School

Cyber Security Without Cyber War, Mary Ellen O'Connell

Journal Articles

Which government agency should have primary responsibility for the Internet? The USA seems to have decided this question in favour of the military—the US military today has the largest concentration of expertise and legal authority with respect to cyberspace. Those in the legal community who support this development are divided as to the appropriate legal rules to guide the military in its oversight of the Internet. Specialists on the international law on the use of force argue that with analogy and interpretation, current international law can be applied in a way that allows great freedom without sending the message that …


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