Volume 72

This Article argues that because of its historical and ongoing investments in settler colonialism, the Canadian state has long been complicit and continues to be complicit in the human trafficking of indigenous women and girls in Canada. In addition...

This Article explores the role of race in the prostitution and sex trafficking of people of color, particularly minority youth, and the evolving legal and social responses in the United States. Child sex trafficking has become a vital topic of...

This Essay examines the potential influence of a new breed of actor in the global antitrafficking arena: the venture philanthropist, or “philanthrocapitalist.” Philanthrocapitalists have already helped rebrand “trafficking” as “modern-day slavery,”...

Many immigrants’ rights advocates and scholars have recognized the undocumented worker exploitation that takes place when immigration restrictions enter the workplace, which create incentives for employer misconduct and increase the vulnerability of...

Over the last twenty years, domestic sexual trafficking of children has received increased attention from state and national policymakers and advocates. Indeed, states across the country have enacted laws establishing harsh new penalties for...

The Trafficking Victims Protection Act (TVPA) considers all youth less than eighteen years of age trafficking victims without a showing of force, fraud, or coercion. The presumption is that minors cannot legally consent to sex and thus are always...

This Article examines the federal government’s community engagement efforts with American Muslim communities as part of a larger infrastructure for policing radicalization and countering violent extremism (CVE). While the federal government presents...

Spillover commons are common-pool resources that cross jurisdictional boundaries. Governing spillover commons poses unique and significant challenges. If jurisdictional boundaries are drawn too narrowly, jurisdictions can externalize costs to...

Of the large, public companies that seek to remain in business through bankruptcy reorganization, only 70 percent succeed. The assets of the other 30 percent are absorbed into other businesses. Success is important both because it is efficient and...

This Comment advocates for a particular definition of “preferential treatment.” On April 22, 2014, the U.S. Supreme Court held that the State of Michigan’s constitutional amendment forbidding preferential treatment based on race or gender was...

The U.S. Supreme Court’s decision in Hollingsworth v. Perry—which held that the official proponents of California’s Proposition 8 did not have standing to appeal an adverse district court judgment—deals a heavy blow to voter-enacted legislation in...

Abstract There is a sovereignty problem in federal Indian law—namely, that the federal government’s sovereign defenses prevent tribal nations and individual Indian people from realizing justice in the courts. Often, compelling tribal and Indian...

Abstract Within the last five years, the U.S. Supreme Court has taken up several transformative cases affecting Native nations and federal Indian law jurisprudence. The Supreme Court’s decision in Arizona v. Navajo Nation is no different. This...

Abstract This Article examines how tribal law has become a critical tool in advancing Native self- determination and good governance across Indian country. I analyze three key areas of innovation: the incorporation of the United Nations Declaration...