Consent Engendered: A Feminist Critique of Consensual Fourth Amendment Searches

As I will argue, the Court\u27s consent-to-search cases are driven by this patriarchal ideology to maintain social structures of power disparities and to perpetuate the subordination of women, minorities, and other disempowered members of society. We need to acknowledge the power and submission paradigm that underlies police-citizen encounters and to scrutinize the entire notion of consent. In order to confront both power and consent, I will turn to feminist critique of consent, particularly in the area of rape, and to feminist writings about choice and agency. Based on these writings I will argue that by distinguishing coerced consent to a search (which is not consent altogether) from truly voluntary consent the Court renders invisible the falsity of the dichotomy between coercion and choice and their interplay in our patriarchal society

Economic Migration Gone Wrong: Trafficking in Persons Through the Lens of Gender, Labor, and Globalization

This Article argues for an economic analysis of human trafficking which primarily looks at globalization, trade liberalization, and labor migration as the core areas that need to be explored to advance the prevention of human trafficking. Part I briefly examines the prevailing criminal law enforcement framework regarding human trafficking—both at the international level and in the United States—which stems out of viewing human trafficking as primarily a threat to global security and an underground industry of transnational criminal enterprises. It argues that while criminalization no doubt helped bring much needed attention (and resources) to human trafficking, the narrow criminal law focus fails to address the root causes of human trafficking and will not be able to prevent human trafficking. Part II looks at the complementary human rights framework to combat human trafficking. It briefly explores the early human rights discourse regarding trafficking and its limitations, the concerns over the criminal law emphasis of the trafficking protocol and Trafficking Victims Protection Act (TVPA), and the efforts in the past decade to re-infuse the human rights approach and to strengthen the protection and services provided to trafficking victims. It argues that the human rights framework is likely to remain very limited in its ability to push governments and private sector stakeholders to action because it continues to evoke the early discourse focusing on the protection of women and children and fails to recognize the global economic impetus of human trafficking. Part III examines closely the gendered nature of the current human trafficking discourse. It argues that the criminal enforcement efforts and the human rights approaches are unsuccessful in combating human trafficking in large part because these efforts remain focused on sex trafficking of women and children as the paradigm. That dominant narrative, however, serves as a double-edged sword. While the narrative emphasizes the plight of many women and children and the need to rescue them from the traffickers, it is less likely to garner the firm international and domestic commitment and resources needed for true preventative measures as long as it is viewed as a women\u27s issue. The focus on the enslavement of women and children in the illegal sex industry by criminal organizations allows us to view human trafficking as an aberration rather than acknowledge the central role it plays in supporting and maintaining the global economy; and, it continues to marginalize both the impact on and the role of women, children, and migrant workers from developing nations in the global economy. Part IV offers a close examination of the realities of labor and migration in the era of globalization. It specifically highlights the vulnerabilities to trafficking and exploitation brought upon by globalization, the feminization of labor migration, and the links between irregular migration and human trafficking. Consequently, in Part V, the article suggests the need to develop an economic analysis of human trafficking, one which primarily looks at globalization, trade liberalization, and labor migration as the core areas that need to be explored to prevent human trafficking

Creative Capitalism and Human Trafficking: A Business Approach to Eliminate Forced Labor and Human Trafficking from Global Supply Chains

A great amount of revenue generated by businesses in the global economy can be linked to the trafficking and enslavement of human beings. Yet, the current discourse on human trafficking fails to recognize the magnitude of benefit consumers, businesses, and economies gain from the work of forced and trafficked labor. Moreover, the limited efforts that seek to address this situation have focused on ways to encourage businesses to voluntarily adopt more socially responsible practices. These measures have had only limited success, and are generally believed to be in tension with the for-profit purposes of businesses. Hence, the task of convincing businesses to truly unearth and remedy human trafficking in their supply chains seems an uphill battle. This article challenges these prevailing views and offers a business approach to eliminate forced labor and human trafficking from global supply chains. Relying on a series of business studies that encourage strategic use of corporate social responsibility in order to increase competitiveness and pursue shared value, this Article makes the case for businesses to pursue supply chains clean of forced and trafficked labor as a core business strategy which is consistent with—and even advances— their profit-seeking goals. Many successful companies have incorporated environmental sustainability into their business models and achieved short-term profits and long-term added value. A few leading apparel manufacturers are similarly focusing on responsible yet profitable labor practices, and preliminary data from the International Labor Organization (ILO) Better Work Program demonstrates linkages between better work conditions and improved market competitiveness. Using this data, this Article shows that business policies that minimize the incentives to use forced and trafficked labor do not inherently compromise profits and can also improve a business’s bottom line. In doing so, it suggests that the task of convincing business leaders to adopt better policies may be less challenging if framed as a core business strategy in the pursuit of profit

What Can Comparative Legal Studies Learn from Feminist Legal Theories in the Era of Globalization

This article re-examines the field of comparative law and comparative legal studies through the lens of feminist legal theories/studies (FLT). It suggests that lessons learned from the development of FLT and insights from shared epistemology and methodology within FLT can inform the ongoing controversies within comparative legal studies and provide comparative legal scholars and practitioners with the tools to maximize the benefits of comparative legal studies in the era of increasing global interdependence

Creative Capitalism and Human Trafficking: A Business Approach to Eliminate Forced Labor and Human Trafficking from Global Supply Chains

A great amount of revenue generated by businesses in the global economy can be linked to the trafficking and enslavement of human beings. Yet, the current discourse on human trafficking fails to recognize the magnitude of benefit consumers, businesses, and economies gain from the work of forced and trafficked labor. Moreover, the limited efforts that seek to address this situation have focused on ways to encourage businesses to voluntarily adopt more socially responsible practices. These measures have had only limited success, and are generally believed to be in tension with the for-profit purposes of businesses. Hence, the task of convincing businesses to truly unearth and remedy human trafficking in their supply chains seems an uphill battle. This article challenges these prevailing views and offers a business approach to eliminate forced labor and human trafficking from global supply chains. Relying on a series of business studies that encourage strategic use of corporate social responsibility in order to increase competitiveness and pursue shared value, this Article makes the case for businesses to pursue supply chains clean of forced and trafficked labor as a core business strategy which is consistent with—and even advances— their profit-seeking goals. Many successful companies have incorporated environmental sustainability into their business models and achieved short-term profits and long-term added value. A few leading apparel manufacturers are similarly focusing on responsible yet profitable labor practices, and preliminary data from the International Labor Organization (ILO) Better Work Program demonstrates linkages between better work conditions and improved market competitiveness. Using this data, this Article shows that business policies that minimize the incentives to use forced and trafficked labor do not inherently compromise profits and can also improve a business’s bottom line. In doing so, it suggests that the task of convincing business leaders to adopt better policies may be less challenging if framed as a core business strategy in the pursuit of profit

Reasonableness and Objectivity: A Feminist Discourse of the Fourth Amendment

This article suggests that a critical reexamination of the Fourth Amendment and its jurisprudence through feminist lenses can shed new light and add to our understanding of it. These insights, in turn, can and should generate a positive feminist Fourth Amendment jurisprudence—a distinctive feminist voice to be integrated systematically into the law of search and seizure, leading to a transformation of the Fourth Amendment itself. Applying feminist theories to particular issues and normative layers of current Fourth Amendment jurisprudence may help guide us through the more difficult task of imagining a feminist jurisprudence of search and seizure law

Property, Privacy and Power: Rethinking the Fourth Amendment in the Wake of \u3ci\u3eU.S. v. Jones\u3c/i\u3e

This Article seeks to uncover invisible gender, race, and class biases driving modern Fourth Amendment discourse. Unlike traditional theories, which tend to view the Fourth Amendment through the lens of either privacy or property, this Article advances a theory focusing on the real issues of power and control that fuel Fourth Amendment jurisprudence. Specifically, the Article exposes the private/public and home/market dichotomies that are central to the Supreme Court rhetoric as arbitrary and artificial. It finds that current Fourth Amendment discourse protects the interest of white, privileged men and perpetuates male ideology as well as male domination. That focus leaves women, people of color, and those less privileged, unprotected. In opposition to that discourse, this Article offers a re-reading of the historical sources of the Fourth Amendment in a way that re-emphasizes the amendment\u27s core: curbing subordinating power. It broadens the traditional focus on power abuses of one\u27s privacy or property and argues that we need to conduct Fourth Amendment inquiries through a prism of multiple, web-like hierarchies. To that end, the Article explores several possibilities of modeling an alternative, feminist Fourth Amendment, including articulating the Fourth Amendment around an antisubordination principle, employing a multi-focal approach to Fourth Amendment adjudication, and infusing search and seizure law with multiple perspectives in the form of personal narratives

Cross-Boarder Teaching and Collaboration

Since the publication of Best Practices for Legal Education, the globalization of both legal education and law practice has exploded. Today’s lawyers increasingly serve border-crossing clients or clients who present with transnational legal issues. As law schools expand their international programs, and enroll increasing numbers of non-U.S. law students, law students transcend cultural and legal borders. As a result, they deepen their understanding of—and sharpen their critical perspective on—their own national systems. Similarly, U.S. law teachers are increasingly called to engage in border-crossing teaching and other academic pursuits. Best Practices did not address these issues. The primary aim of this chapter of Building on Best Practices: Transforming Legal Education in a Changing World (Lexis 2015) is to identify best practices for law teachers engaged with non-U.S. or “international” learners who study or train in a U.S.-style learning environment, either in the United States or abroad. This chapter also addresses collaboration of U.S. law teachers with their counterparts abroad in such areas as developing innovative teaching and clinical legal education, training and research. It identifies eight guiding principles that cut across types of international learning and then applies these principles to three specific contexts: 1) teaching international students in U.S. law school settings; 2) integrating international students in U.S.-based clinics; and 3) collaborating in legal education and reform efforts with law teachers abroad.https://digitalcommons.law.uw.edu/faculty-chapters/1001/thumbnail.jp