SelectedWorks @ Chapman University Dale E. Fowler School of Law
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Chapman Dialogues: Same Sex Marriage - Response to Professor Eskrdige
No full textThis essay, a revision of remarks originally delivered as part of the Chapman Dialogues series at Chapman University School of Law, is a response to the remarks of Professor William Eskridge of Yale Law School making the case for the recognition of a constitutional right to same-sex marriage. The essay argues that the judicial establishment of a right in the face of deeply entrenched social norms, prior to the time at which the political groundwork necessary for the enforcement of the right has been laid, risks a powerful and ultimately counterproductive backlash
Juvenile Transfer Laws: An Effective Deterrent to Delinquency?
No full textProvides an overview of research on the deterrent effects of transferring youth from juvenile to criminal courts, focusing on large-scale comprehensive OJJDP-funded studies on the effect of transfer laws on recidivism. The Bulletin reviews all of the extant research on the general and specific deterrent effects of transferring juveniles to adult criminal court
The Trafficking and Exploitation Victims Assistance program: A Proposed Early Response Plan for Victims of International human Trafficking in the United States
No full textThe Trafficking Victims Protection Act, ground-breaking legislation designed to punish traffickers and protect victims, is not reaching its full potential as a powerful tool against international human trafficking. A principal component of the Act - the availability of special T visas for trafficking victims who cooperate with law enforcement officials against their traffickers - is failing to reach its intended beneficiaries. According to U.S. government statistics, less than one percent of individuals trafficked into the United States have received protection in the form of a T visa. This article identifies weaknesses in the T visa system and proposes reforms designed to make the T visa system responsive to the unique circumstances of trafficking victims. Drawing from lessons learned from another U.S. protection regime - that which is in place for victims of persecution seeking asylum in the United States - this article offers practical, victim-centered solutions for identifying, assisting and protecting victims of international human trafficking. It also proposes a cooperation waiver for those victims whose family members abroad face severe retaliation by their traffickers. Overall, this article emphasizes the need for appropriate treatment of trafficking victims and the establishment of a comprehensive, collaborative system designed to empower, rather than further alienate, victims of international human traffickin
What Is Choice? Examining Sex Trafficking Legislation through the Lenses of Rape Law and Prostitution
No full textSex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the very issue: what is trafficking
Progressive Policy-Making on the Local Level: Rethinking Traditional Notions of Federalism
No full textDue, in part, to Justice Brandeis\u27 famous dissent, many have presumed that the states are the most fertile ground for policy innovation. However, with their transformation from smaller urban and rural centers to major metropolitan regions, local governments may prove even more fruitful agents of social change and laboratories for policy experimentation. Indeed, local governments are critical components of our federal system and embody the values of federalism both in theory and practice. Local governments have trailblazed in legal and policy arenas where the federal and state governments could not (or would not) engage: gay rights and gay marriage, campaign finance and other electoral reforms, climate change, illegal immigration ordinances, and living wage laws, to name but a few. Yet local governments\u27 powers are drastically limited by a perhaps overzealous preemption doctrine. This, in turn, thwarts local governments\u27 ability to serve as effective laboratories for democracy and policy innovation. This preemption doctrine also may run afoul of the original intent of the home rule movement in state and local government law. Accordingly, this Article questions the wisdom of the current preemption doctrine that limits local governments\u27 ability to serve as Petri dishes for innovative policies that might translate well to the state and federal levels of government
