Rights Talk and Migration

Trafficking Infrastructure Grows: New York’s Statewide Initiative

In the past month, the State of New York has introduced 11 new Human Trafficking Intervention Courts (including Buffalo and Rochester, near where I live in upstate NY). According to the New York Times, the new courts are modeled after three pilot projects that had been established earlier in New York City, and the “initiative is believed to be the first of its kind in the nation.” The NY law resembles the federal U.S. law in targeting force, fraud and coercion (what the national law dubs “severe forms” of trafficking)....

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The Trafficked Worker as Private Attorney General: A Model for Enforcing the Civil Rights of Undocumented Workers by Kathleen Kim

This Article seeks to prioritize the civil workplace rights of undocumented immigrants over the goals of immigration enforcement by placing primacy on the role of the immigrant undocumented worker as private attorney general. In developing this concept, this Article draws from the legal framework addressing human trafficking. In theory, undocumented workers victimized by exploitive employment practices may act as private attorneys general in the enforcement of workplace harms and may sue their employers under many of the same civil rights laws...

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Between Home and Work: Assessing the Distributive Effects of Employment Law in Markets of Care by Hila Shamir

This Article offers a new analytical framework for understanding the distributive role of legal regulation in the interaction of “home ” and “work. ” Using this framework, the Article maps the “double exceptionalism ” of the family in U.S. federal employment law. It suggests that employment law treats familial care responsibilities as exceptional in two different ways: first, through family leave benefits that affect the primary labor market, labeled here “affirmative exceptionalism”; and,...

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Beyond a Snapshot: Preventing Human Trafficking in the Global Economy by Janie Chuang

Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socioeconomic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article...

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WHAT‟S THE BORDER GOT TO DO WITH IT? HOW IMMIGRATION REGIMES AFFECT FAMILIAL CARE PROVISION—A COMPARATIVE ANALYSIS by Hila Shamir

The current wave of international migration is larger than ever before. It is also “feminized” both in that approximately half of the world‟s migrants are now women and in that the work that many of them engage in is traditional “women‟s work” such as cleaning; taking care of children, the elderly, and the disabled; and sex work. The workers migrate to the “receiving” countries through formal (legal) as well as informal (illegal) routes, some temporarily and others with the hope of settling permanently. While these jobs do not...

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