Library for Academics / Research

UCLA Law Review

A Labor Paradigm for Human Trafficking

H. Shamir — 2012

Advocates a paradigm shift in anti-trafficking policy away from the human rights approach and sex-trafficking focus to adoption of a labor approach targeting the structure of exploitative-prone labor markets; proposes implementation of the labor approach to reduce worker vulnerability/exploitation by: (1) Preventing criminalization and deportation of workers who report exploitation; (2) Eliminating binding arrangements; (3) Reducing recruitment fees and power of middlemen; (4) Guaranteeing right to unionize; (5) Extending/enforcing application of labor/employment laws to vulnerable workers.

Queens County, New York Criminal Court

People v. L.G., 2013 N.Y. Slip Op 23276 (Queens County, NYC Criminal Court, July 12, 2013) (Serita, J.)

Hon. Toko Serita, New York City Criminal Court, Queens County — July 12, 2013

“[T]he only disputed issue in this case is whether defendant’s conviction for a non-prostitution offense which was the direct result of her having been forced into sex trafficking may be vacated under CPL 440.10 (1) (i)… . [D]efense counsel notes that LG possessed a pocketknife to protect herself against unpredictable and potentially violent situations involving “johns,” and was told to do so by her trafficker… . [T]his court holds that LG’s conviction for possession of a weapon in the fourth degree falls within the ambit of the vacatur statute because her participation in that offense was undeniably connected to the coerced trafficking activity which led to her arrest on prostitution-related charges and should therefore be vacated.”

Regent University Law Review

A Legislative Framework for Combating Domestic Minor Sex Trafficking

L. Smith, S. Vardaman — 2010-2011

Argues state laws must be as comprehensive/severe in penalties as federal law to advance a full criminal deterrence program, avoid migration of the crime to more lenient states, and solve the problem of identifying victims of this crime; supports: (1) Legislation specifying that minors under 18 years of age exploited through commercial sex acts are per se trafficking victims; (2) Elimination or restriction of accused traffickers’ mistake-of-age defense; (3) Elimination of proof of force, fraud, or coercion in domestic minor sex trafficking cases; (4) facilitator liability for criminally assisting or benefiting from trafficking; (5) decriminalization of prostituted juveniles; (6) Identification of domestic sex trafficked minors as victims for purposes of crime victims’ compensation; (7) Legislation enhancing law enforcement/criminal justice tools in domestic minor sexual exploitation investigations/prosecutions.

Columbia Human Rights Law Review

A Perfect Storm: The U.S. Anti-Trafficking Regime’s Failure to Stop the Sex Trafficking of American Indian Women and Girls

A. Johnson — 2012

Addresses the sexual exploitation and trafficking of American Indian women and girls, which continues at disproportionate rates; explores how U.S. efforts have failed American Indian sex trafficking victims; discusses how this failure is part of a broader failure of the U.S. to effectively assist U.S. citizen and legal permanent resident victims; concludes that the foreign victim paradigm of sex trafficking severely marginalizes domestic victims in the implementation of government anti-trafficking efforts by law enforcement, prosecutors, and service providers; proposes ways to undo this marginalization and improve anti-trafficking efforts to meet the needs of domestic victims and, in particular, American Indian victims.

U.S. Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement

About Human Trafficking, prepared for Office of the Assistant Secretary for Planning and Evaluation (ASPE)

Discusses: (1) Overview of Human Trafficking Issue; (2) Victim Identification and Public Awareness; (3) Assistance for Victims of Human Trafficking; (4) Certification and Eligibility Letters; (5) Trafficking Victim Assistance Program; (6) National Human Trafficking Resource Center.

Cardozo Journal of International and Comparative Law

Addressing Human Trafficking Along the United States-Mexico Border: The Need for a Bilateral Partnership, 19 Cardozo Journal of International and Comparative Law 413

R. Garza — 2011

Posits that “[h]uman trafficking is especially sinister because it takes advantage of people’s basic instinct—their desire to improve their living conditions” and ”[h]uman trafficking transcends boundaries and so must its solution;” proposes that Mexico amend the Mexican Anti-Trafficking Law and makes recommendations for its implementation, but acknowledges that, even if the laws are improved, the solution may not be complete—a more concrete bilateral partnership between the U.S. and Mexico is necessary.