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Assault on the Constitution: Why the Southern District of California Got it Right
Get PDFThis Note will examine and analyze the tests applied by federal courts that have heard similar cases, culminating with the recent decision in the Southern District of California, Duncan v. Becerra. In Part I, this Note provides the context surrounding the current bill being considered by Congress and examines Supreme Court and federal circuit court cases addressing this issue. Part II provides analysis of application of the tests applied by the federal courts. Part III argues that the Supreme Court should adopt Judge Benitez’s reasoning laid out in Duncan and apply his test to any Second Amendment challenge to an assault weapons ban
The Thirteenth Amendment and Human Trafficking: Lessons & Limitations
Get PDFPart I of this Article contextualizes human trafficking within the doctrinal development of the Thirteenth Amendment and Section Two legislation enacted to address subsequent forms of unfree labor. This part describes the origins of a race-conscious Thirteenth Amendment framework and explains its relevance in guiding antitrafficking policy. The overwhelming focus of antitrafficking efforts on sexual exploitation strains the normative foundation of the Thirteenth Amendment. Part II examines the TVPA and the California Trafficking Victims Protection Act and identifies their most significant contributions to Thirteenth Amendment doctrine. Yet, this part finds that the absence of a Thirteenth Amendment framework to guide the execution of antitrafficking laws has resulted in an overemphasis on the criminal enforcement of sex trafficking at the expense of both labor and sex trafficked persons of color. Part III recommends an antitrafficking approach grounded in the Thirteenth Amendment’s aim to not only prohibit slavery, involuntary servitude, and other forms of unfree labor but to also overcome the structural forces that maintain race-based economic subordination. Informed by these Thirteenth Amendment concerns, antitrafficking measures and strategies may yield more effective strategies to prevent trafficking and assist trafficking survivors
The Public Health Approach to Human Trafficking Prevention
Get PDFSex and labor trafficking of adults and children are global public health issues that demand a public health approach to eradication. Rigorous scientific research is needed to create an evidence base that drives multi-sector collaborative prevention efforts addressing trafficking at all levels of the socioecological model. Programs need to be evaluated carefully and modified accordingly, then scaled up to disseminate critical information to the large body of people at risk of exploitation. Legal professionals have an important role to play in combatting human trafficking by educating themselves, their colleagues and clients, and the public, as well as advocating for legislative and policy changes to prevent trafficking and protect exploited persons. Working with clients at a high risk of exploitation and with businesses at risk for enabling or directly supporting labor trafficking, the legal practitioner can directly and indirectly change the lives of vulnerable persons in their own communities and throughout the world
Social Solidarity in Health Care, American-Style
No full textThe ACA shifted U.S. health policy from centering on principles of actuarial fairness toward social solidarity. Yet four legal fixtures of the health care system have prevented the achievement of social solidarity: federalism, fiscal pluralism, privatization, and individualism. Future reforms must confront these fixtures to realize social solidarity in health care, American-style
