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The Strong Arm of the Law is Weak: How the TVPA Fails to Effectively Assist Victims of the Sex Trade
Get PDFActs that occur in the underbelly of our global community can be shocking to many, but they occur every night and day right in our own neighborhoods. Sex trafficking, a derivative of human trafficking, is occurring in epidemic proportions on a global scale while the victims are suffering in silence. Sexual exploitation has taken the media forefront in recent years.\u27 Much legislation has been passed to try to curb this illegal marketing of innocent women and children. Laws in various countries have been evaluated, studied, and researched and lead to the sad conclusion that these laws alone are insufficient in adequately providing the protection and relief so desperately needed by those victimized
FAMU Lawyer Winter 2012 Vol. 9, No. 1
Get PDFhttps://commons.law.famu.edu/lawyernewsletter/1013/thumbnail.jp
Environmental Justice with Chinese Characteristics: Recent Developments in Using Environmental Public Interest Litigation to Strengthen Access to Environmental Justice
Get PDFChina\u27s unprecedented economic growth and rapid urbanization in the past three decades has exerted a heavy toll on the country\u27s environment. Set against the backdrop of China\u27s daunting environmental challenges, this article will first discuss how the environmental justice issue manifests itself on Chinese soil and how its evolvement differs from the American experience. This discussion will be followed by an analysis on how environmental public interest litigation, inspired by citizen suits in the U.S., has been fermenting in China and advocated by environmentalists as a new approach to broaden and strengthen access to environmental justice. The article will then move on to analyze three high-profile environmental public interest cases recently brought by a Chinese NGO and a local environmental protection agency, respectively, at two specialized environmental courts, and discuss the important innovations and limitations of these cases. The article will conclude with some further thoughts on the direction of China\u27s environmental public interest litigation experiment and how it can be effectively employed to strengthen environmental governance and ensure environmental justice for all
Getting Nowhere: Florida\u27s Failed Choice of Law Approach to Torts and a Proposal for Change
Get PDFI Do. Is That Okay with You?: A Look at How Most States Are Circumventing the Full Faith and Credit Clause and Equal Protection Clause to Not Recognize Legal Same-Sex Marriages from Other States and Its Effect on Society
Get PDFDue to statutes, bans, and the Federal Defense of Marriage Act, states do not have to recognize legal same-sex marriages from sister states that recognize same-sex marriage. This paper examines the denial of the fundamental right to marriage for same-sex couples, the violation of the Full Faith and Credit Clause of Article IV, Section 1 of the United States Constitution and Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by not recognizing same-sex marriages legally performed in other states. It starts by looking at the impact these practices have on same-sex couples and the toll it will continue to take on society if not corrected
Biopiracy in the Brazilian Amazon: Learning from International and Comparative Law Successes and Shortcomings to Help Promote Biodiversity Conservation in Brazil
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Legal Convergence of East and West in Contemporary American Water Law
Get PDFLegal instrumentalism and legal convergence, two legal constructs, describe how American water law has developed over time. A study of early Eastern and Western water law shows that both systems are instrumentalist at their core and evolved to suit pressing developmental needs. Early on in the East, law was created to protect water use for millers, who used mills to generate power. In the West, riparian systems of the East were rejected in favor of a system that met the needs of settlers in more arid environments. Legal convergence is a concept suggesting that law governing various fields converges over time-the legal solution best adapted to solving a problem becomes the dominant approach. Legal convergence, like instrumentalism, supports the notion that in matters of societal importance, such as allocation of water resources, the law will converge around the most effective solutions. This Article explores a number of more contemporary converging, parallel developments in Eastern and Western water law where both regimes have come together despite their fundamental, underlying differences in water rights formulation. These include integration of surface water and groundwater and obtaining full utilization of the resource, elimination of situs of use restrictions, and protection of instream and other communitarian values-each example demonstrates that both regions are adopting similar responses to reach a common goal to utilize water resources to meet as many water needs as possible. This Article predicts that the next major change in Eastern and Western water law will be a convergent approach to water triage during episodes of regional water shortage