Forced Prostitution: Naming an International Offense

This paper presents an argument for recognizing forced prostitution as an international offense in its own right for which the procurers, brothel owners and managers, and financiers as well as the women\u27s customers can be held criminally liable. While the international debate has attempted to characterize forced prostitution as slavery, the term slavery fails to evoke the images of all the violations that encompass forced prostitution. Were the United Nations and regional organizations to acknowledge and label forced prostitution as an international crime, their member states would be required to enact domestic legislation outlawing and criminalizing it as well as strictly enforcing those provisions. While forced prostitution could be prosecuted in most countries under a variety of statutes, the international community has not succeeded in its attempts to decrease the prevalence of the practice because it lacks a universal rallying point that would focus attention on the dismal practice

The Fallacy of Social Citizenship Or the Threat of Exclusion

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A Fresh Look at Offender Characteristics

As the Supreme Court has turned federal sentencing upside down in Booker, it has left a host of open questions in the wake of that decision. The outcome of these questions is often difficult to predict, for lower courts and commentators alike, as the Court has failed to develop an overarching sentencing philosophy to replace the rehabilitation-focused one that animated sentencing for so long. If the Court were to reach consensus on that issue, it would be better able to speak coherently on unresolved sentencing matters. This introduction to an Issue of the Federal Sentencing Reporter highlights some of the possibilities the Court may embrace in choosing such a philosophy, ranging from a public safety based approach to one grounded in more traditional punishment norms. The Court, however, will continue to face sentencing issues in a host of other arenas as well: The role foreign law should play in judicial decision-making, for example, has surfaced in high-profile cases ultimately involving the imposition of the death penalty. How could the Chief Justice use his administrative role to change the face of federal sentencing? Will the Court reinvigorate the Eight Amendment jurisprudence in non-death cases? If the Court takes on the challenge to develop a coherent approach to such issues, it may be able to position itself effectively to guide the future of sentencing in this country

Smart Public Policy: Replacing Imprisonment with Targeted Nonprison Sentences and Collateral Sanctions

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Risk Assessment: Promises and Pitfalls

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The Challenges to Legal Education in 1973 and 2012: An Introduction to the Anniversary Issue of the Hofstra Law Review

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Constitutional Challenges, Risk-Based Analysis and Criminal History Databases: More Demands on the U.S. Sentencing Commission

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A Response to Mathias Reimann: More, More, More But Real Comparative Law

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The State, Parents, Schools, Culture Wars , and Modern Technologies: Challenges under the U.N. Convention on the Rights of a Child

This paper focuses on some of the core principles of the U.N. Convention on the Rights of the Child and their application under U.S. state and federal law. While the United States has not ratified the Convention, it is a signatory. Many of the most intractable cultural issues in the United States involve children and their rights to participation, information, and decision-making. Frequently, primary and secondary education presents a fertile battle ground for “cultural clashes” between parents, schools, and state officials. In the private context, both U.S. law and the U.N. Convention have adopted the “best interests of the child” standard. Despite the usage of identically named or similarly sounding concepts, to what extent U.S. approaches may be aligned or conflict with the Convention remains subject to question. The United States would benefit from more active participation in a global dialogue about children’s issues, especially as brain science and technological change challenge our traditional understanding of what it means to be a “child” and a “parent.

Higher Education Under Pressure: What Will the Future Hold?

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