11 research outputs found
Complicit Bias: Sex-Offender Registration as a Penalty for Obstructing Sex-Trafficking Prosecutions
No full textI. Introduction
II. Case Synopsis
III. The Federalization of Human Sex Trafficking
IV. The Canons of Statutory Interpretation ... A. Plain Language of §§ 1591 and 16911 ... B. The Legislative History ... 1. Section 1591’s Legislative History ... 2. The Use of the T-Visa in Discouraging Obstruction ... 3. The Legislative History of the Sex Offender Registration and Notification Act ... a. The History and Purpose of National Sex Offender Registries ... b. Sex Trafficking as an Offense under SORNA ... c. The Rule of Lenity
V. Doctrinal and Theoretical Framework ... A. Theories of Conspiracy: The Inappropriateness of Group Culpability ... B. Theories of Punishment
VI. Judicial and Legislative Intervention ... A. Until Congress Intervenes, the District Courts Are Perfectly Situated to Make the Registry Decision after a Sentencing Hearing Where the Issue Is Fully Vetted ... B. Sex Offender Registry as a Penalty for Obstruction under § 1591 ... C. The Consequences of Sex-Offender Registration for Sex-Trafficking Crimes ... D. Legislative Intervention Needed ... E. Practical Considerations
VII. Conclusio
Biased and Broken Bodies of Proof: White Heteropatriarchy, the Grand Jury Process, and Performance on Unarmed Black Flesh
No full textRecommended from our members
Stop Traffic: Using Expert Witness to Disrupt Intersectional Vulnerability in Sex Trafficking Prosecutions
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Johnny Appleseed: Citizenship Transmission Laws and a White Heteropatriarchal Property Right in Philandering, Sexual Exploitation, and Rape (the “WHP”) or Johnny and the WHP
No full textTitle 8, United States Code, Section 1409—one of this country’s citizenship transmission laws—creates a white heteropatriarchal property right in philandering, sexual exploitation, and rape (the “WHP”). Section 1409 governs the transmission of citizenship from United States citizens to their children, where the child is born abroad, outside of marriage, and one parent is a citizen and the other is not. Section 1409, however, draws a distinct gender distinction between women and men: An unwed female American citizen who births a child outside the United States, fathered by a foreign man, automatically transmits citizenship to her child. An unwed male American citizen, by contrast, who fathers a child abroad with a foreign woman has the distinctly male prerogative to either grant or deny citizenship to his foreign-born nonmarital child at his leisure
Stepping into the Gap: Violent Crime Victims, the Right to Closure, and a Discursive Shift Away from Zero Sum Resolutions
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