Library for Policy Makers

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.

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.

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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.

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.