All Library Items

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.

Laws of Florida

Florida HB 7005/Chapter No. 2013-212: Massage Establishments

Enacted June 17, 2013; Effective Date October 1, 2013

Amends Massage Practice Act to create additional prohibitions designed to curb illegal activity in massage establishments by making it a first degree misdemeanor to: (1) operate certain massage establishments between the hours of midnight and 5:00 a.m.; or (2) use or permit certain such establishments to be used as a principle domicile unless the establishment is zoned for residential use under local ordinance.

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.”

George Washington Law Review

“If You Have a Zero-Tolerance Policy, Why Aren’t You Doing Anything?”: Using the Uniform Code of Military Justice to Combat Human Trafficking Abroad

B. Warren — June 2012

Addresses significant jurisdictional, evidentiary, motivational hurdles to application of U.S. Government’s “zero-tolerance” human trafficking policy to crimes committed by civilian contractors abroad; argues that reliance on international or host-nation laws would be ineffective to combat human trafficking offenses committed by civilian contractors abroad; proposes an amendment to the Uniform Code of Military Justice that explicitly makes human trafficking an offense.

Additional Relevant Link: http://www.concurringopinions.com/archives/2012/06/the-george-washington-law-review-issue-804-june-2012.html

Cardozo Journal of Law & Gender

“Male” Order Brides and International Marriage Brokers: The Costly Industry that Facilitates Sex Trafficking, Prostitution, and Involuntary Servitude, 18 Cardozo Journal of Law & Gender 1

C. Bowes — 2011

Discusses the exploitative nature of International Mail-Order Brides (IMB); reviews potential civil and criminal remedies; explores proposed legislative solutions, including prosecution of IMBs and consumer-husbands, increasing sanctions in the international community for failing to regulate the industry, and removing the two-year conditional residency requirement for foreign brides; concludes that IMBs are a vehicle used to perpetrate modern-day slavery, sex trafficking, and business of selling women; advocates abolishment of IMBs in their entirety.

British Council

“Roadkill” (2013)

2013

In 2013, the British Council supported Cora Bissett and Stef Smith’s award-winning production of Roadkill in coming to New York and Chicago to bring to light the horrors of sex-trafficking through a one-of-a-kind theatrical experience. “Staged in a seedy apartment, the site-specific work recreates the young woman’s world in close quarters as her hopes of a new life disintegrate into violence and captivity.”

Cardozo Journal of Law & Gender

“U” Stands for Underutilization: The U Visa’s Vulnerability for Underuse in the Sex Trafficking Context, 18 Cardozo Journal of Law & Gender 449

E. Bistricer — 2012

Attributes the T Visa’s ineffectiveness to its regulations’ focus on evaluating whether the trafficking victim will provide sufficient assistance to law enforcement in prosecuting a trafficker; discusses the U Visa’s potential as a more promising form of assistance based on its broader application and easier qualifying standards; advocates for decriminalization of sex trafficking victims.

Connecticut Department of Children and Families

A Child Welfare Response to Domestic Minor Sex Trafficking

Discussing: (1) Prevalence of human trafficking, and child sex trafficking, in the U.S.; (2) Current identification/response efforts/initiatives; (3) Awareness/education; (4) Resources.

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.

American University Law Review

A Minor Conflict: Why the Objectives of Federal Sex Trafficking Legislation Preempt the Enforcement of State Prostitution Laws Against Minors

S. Crile — 2012

Discusses the dichotomy between federal law, which views prostituted children as victims, and many states’ laws, which treat them as criminals; argues that the doctrine of federal preemption provides a framework for resolving the tension between federal and state law; concludes that the federal Trafficking Victims Protection Act (TVPA) preempts states’ enforcement of criminal prostitution against minors.

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.

ABA Journal

ABA Moves to Press for Justice and Seek Help for Victims of Human Trafficking

D. Weiss — February 11, 2013

The ABA House of Delegates approved four resolutions addressing human trafficking: (1) Laws and policies should be enacted so that victims of human trafficking are not subject to arrest, prosecution or punishment for prostitution or other crimes that are a direct result of their status; victims should be provided appropriate protection, assured their names will not be publicly disclosed, and offered housing appropriate for a victim; (2) Laws should be adopted allowing trafficking victims: (a) charged with prostitution or other nonviolent offenses to assert an affirmative defense of being a human trafficking victim; and (b) to vacate criminal convictions involving prostitution and other nonviolent crimes that are a direct result of their victimization; (3) Bar associations, working with others with expertise, should develop training programs on victim identification, services referrals, and effective communication with traumatized 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.

Regent University Law Review

Addressing Demand: Why and How Policymakers Should Utilize Law and Law Enforcement to Target Customers of Commercial Sexual Exploitation, 23 Regent University Law Review 297

L. Lederer — 2011

Addresses strategies for demand reduction: (1) Drafting laws that penalize patronizing and target customers/consumers of commercial sex; (2) creating first-offenders program (“John’s Schools) to educate first-offenders about the deleterious effects of commercial sexual exploitation; (3) creating sting and reverse-sting operations to assist law enforcement in identifying, arresting, and prosecuting buyers; (4) developing social marketing campaigns that target exploiters and impress on the general public a “no tolerance” message.