American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

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Current index to legal periodicals

In May 2013 the Sultanate Decree number 29/2013 promulgated the Omani Civil Transactions Law (O.C.T.L) that contained several choice of law rules . Among them is art 20 that adopts the Party Autonomy as a choice of law rule for Contracts. This paper will examine whether art 20 of the O.C.T.L gives the contracting parties the freedom to choose the Unidroit principles, herein after the principles, as the law governing their contract and what are the constraints and legal bars that might exist under O.C.T.L. against adopting the principles.In part two I examine the wording of the art 20 to determine if it possible for the parties to a contract to choose the Principles as a non-state law and I will reach the conclusion that the art 20 does allow the selection of the principles as the law governing the contract . In Part three, I move towards examining the constraints that O.C.T.L. imposes on the parties' ability to chose the principles which are statutory restraints that stems from the existence of Omani special legislation and non-statutory restraints which are the traditional public policy defense and the duty to comply with Islamic Shariah. I will demonstrate that neither the Omani Public policy nor Islamic Shariah prevent the parties form selecting the principles if the Omani Courts adopted an open minded approach to choice of law in general.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2419258_code1516532.pdf?abstractid=2419258&mirid=1&type=2

Can It Be Done?: Adopting the Unidroit Principles Through Party Autonomy Under Omani Choice of Law Rules

This special issue of Women & Therapy is devoted to an exploration of human trafficking as a complex human rights violation with many manifestations. Human trafficking is, paradoxically, a single t...

Human Trafficking of Women and Girls: Characteristics, Commonalities, and Complexities

The objective of this study was to analytically identify risk profiles for juvenile human trafficking (JHT) based on adverse childhood experiences (ACEs) and health risk behaviors. First, the study examined which types of ACEs and health risk behaviors were more prevalent among trafficked adolescents using a sample of 913 male and female juvenile-justice-involved adolescents with suspected or verified JHT abuse reports documented between 2009 and 2015 and a comparison group (matched by age, gender, race, ethnicity, and location). Second, latent class analysis was used to identify profiles of risk for JHT. Finally, associations between JHT risk profiles and demographic characteristics provided a more comprehensive depiction of various types of trafficked adolescents. Study findings indicate that adolescents with JHT abuse reports were more likely to report child maltreatment and internalizing health risk behaviors reflective of self-harm and attempts to cope with trauma. Trafficked youth were less likely to report externalizing health risk behaviors related to violence or harming others. Six distinctive profiles of risk for JHT were identified. Three JHT risk profiles were characterized by extensive child maltreatment and health risk behaviors and were differentiated by placement in foster care and substance use. Three JHT risk profiles were characterized by less extensive histories of child maltreatment and were differentiated by drug use. In conclusion, these findings highlight that the current depictions of adolescent victims of human trafficking are too narrow and may lead to critical health care and service provision disparities for many trafficked adolescents. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

/pdf/no-youth-left-behind-to-human-trafficking-exploring-profiles-4l1xhyr5zn.pdf

No youth left behind to human trafficking: Exploring profiles of risk.

In Terry v. Ohio, the US Supreme Court relied on a balancing test to uphold the reasonableness of the practice known as "stop and frisk," balancing the contribution of the practice to effective crime prevention and detection against the nature and quality of the intrusion to individual rights. In recent years, statistics have been powerfully deployed by legal scholars, jurists, and policymakers to challenge the assumption that stop and frisk leads to frequent discovery of contraband or other criminal behavior, and to address stark racial and ethnic disparities in the deployment of stop and frisk. However, the other side of the Terry equation-the nature and quality of the intrusion-has received far less attention from the legal community. With few exceptions, Terry jurisprudence portrays the Terry frisk simply as a brief pat-down of the outer clothing and treats each Terry stop as an isolated encounter for purposes of measuring the harm involved. Yet there is a robust social science literature on the effects of stop and frisk on individuals, including data on its effects on individuals from marginalized or vulnerable groups, on individuals over time, and on communities as a whole. Moreover, stop and frisk in the current era has evolved from a tool in the arsenal of individual officers to a systematic, widely deployed strategy. This article argues that the failure to grapple with the application of modern knowledge to modern policing practices leads to a mismeasurement on both sides of the Terry equation. Not only does stop and frisk cause a wide range of emotional and psychological harms; these harms may also interfere with the ability of law enforcement to prevent and investigate crime. Even apart from any legal doctrinal implications for stop and frisk jurisprudence, recognizing the flawed assumptions described in this article should encourage all the relevant stakeholders to re-evaluate the consequences of the Terry regime.

/pdf/the-mismeasure-of-terry-stops-assessing-the-psychological-1wg9dvb1sp.pdf

The mismeasure of Terry stops: Assessing the psychological and emotional harms of stop and frisk to individuals and communities

The invisible man: the conscious neglect of men and boys in the war on human trafficking

/pdf/human-trafficking-victim-identification-should-consent-2r5dqndcrc.pdf

Human Trafficking Victim Identification: Should Consent Matter?

This Article explores the intersection between an attribute of the commercial media and American criminal jurisprudence that existing legal scholarship has largely disregarded: the systematic neglect of male victims in the war on human trafficking. Indeed, male vulnerability to human trafficking has been neglected even in academic discourse. The traditional narrative posits that women and girls are more vulnerable to human trafficking and thus are in greater need of legal protection, whereas males, conversely, are resistant to human trafficking and thus less in need of legal protection. This Article will demonstrate, however, that men and boys are both more likely than women and girls to become victims of human trafficking and far less likely to receive legal protection.Additionally, this Article will establish that, although the text of the Trafficking Victims Protection Act is textually gender-neutral, it is unlikely to protect male victims of human trafficking because its construction, like other laws aimed at curtailing sexual violence, is largely interpreted and enforced as a law primarily designed to protect women and girls. This Article demonstrates that the traditional notion that human trafficking is primarily a sex crime against females involving male perpetrators harms the collective good by facilitating the neglect of thousands of male victims and ignoring the success of many female traffickers, who harm both male and female victims. This social condition leaves the full extent of the resulting harm unabated and significantly increases the incidence of human trafficking, particularly of male victims. This Article links this injustice to media-driven perspectives and presentations that propagate falsities regarding male vulnerability. It highlights the glaring, but normative, institutional lack of concern for male victims of human trafficking; discusses the reasons for and catalysts of this neglect; identifies the misconceptions that perpetuate it; and argues for the advancement of gender-neutral reporting, research, and funding schemes that delegitimize misconceptions regarding male victims of human trafficking.

/pdf/the-invisible-man-the-conscious-neglect-of-men-and-boys-in-zbxxy9s1vj.pdf

The Invisible Man: The Conscious Neglect of Men and Boys in the War on Human Trafficking, 2010 Utah L. Rev. 1143 (2010)

[T]hey kept me in a room for many days in [a place near Peshawar] where first they had sex with me by themselves for many days, and then they allowed everybody else to come and have sex with me for only 40–50 rupees. It was like I was an animal in the zoo, and people could see me and use me after paying the ticket fee. I was twelve and a half years old at that time. Within one month I think 20–30 men had sex with me and I was about to die of it.4

/pdf/ending-bacha-bazi-boy-sex-slavery-and-the-responsibility-to-3jgk6qnale.pdf

Ending Bacha Bazi: Boy Sex Slavery and the Responsibility to Protect Doctrine

INTRODUCTION It is 11:00 A.M. on June 15, 2003, in Fallujah, Iraq. (1) The stench of bloody corpses reveals the effects of U.S. army rocket fire within the Iraqi town. The rockets nearly demolished an entire building and killed approximately two hundred people, many of whom were women and children. All of the dead are clad in civilian clothes, and there is no evidence of a uniformed soldier among the dead. Media reports capture vivid scenes of relatives crying over corpses and charred children's toys. The images drive home the realization that small children and babies are among the dead. Human rights activists, newspaper editors, and anti-war critics immediately characterize the incident as an example of U.S. noncompliance with International Humanitarian Law (IHL). (2) Few observers, if any, consider that the attack may have been lawful. On the contrary, the civilian casualties, in the opinion of most observers, are a result of illegal conduct on the part of the United States during its occupation of Iraq. Knowledge of the circumstances preceding the attack, however, might prompt many observers to reach a different conclusion. Three hours before the collapse of the building that killed the men, women, and children, a team of fifteen British soldiers responded to a report that armed insurgents (3) were kidnapping young boys between the ages of nine and fourteen from their homes at gunpoint. The insurgents savagely beat and left for dead any boy or adult who resisted. Consistent with their duties under IHL, (4) the British soldiers proceeded to the scene to restore order and provide medical aid. When the soldiers arrived on the scene, the streets appeared calm. Two Iraqi men selling fruit and a boy, who purportedly had witnessed the incidents, told the soldiers of a badly beaten mother who had tried to protect her son. These informants told the soldiers that the woman was bleeding inside a taxicab. When the soldiers located the cab, the driver waved a white flag and threw his hands into the air. As the team approached, the vehicle exploded, instantly killing three of the soldiers. Unbeknownst to the soldiers, the cab had been rigged with explosives controlled by a remote detonator. Seconds after the explosion, a civilian vehicle sped toward the soldiers, and its passengers immediately opened fire on them. The soldiers entered a small house for protection. They noticed that they were receiving a barrage of fire from several positions in the building facing them. Six of the soldiers were badly wounded. The team, which was grossly outgunned, estimated that they were fighting roughly a hundred armed insurgents. The leader recognized the gravity of the situation and advised his commander of the attack via radio, saying that he expected to be overrun in ten to fifteen minutes. Approximately five minutes later, a U.S. army helicopter that had been conducting a separate mission nearby arrived on the scene to assist the British soldiers. The U.S. pilot identified the multiple rocket and machine-gun positions used by the insurgents. Given the insurgents' superior firepower and the likelihood that the British soldiers trapped inside the small building would not survive much longer, the pilot fired rockets into the foundational pillars of the building housing the insurgents, causing the entire front half of the building to collapse. The insurgent fire stopped immediately. Unknown to the helicopter pilot, but widely known to the insurgents, there were uninvolved men, women, and children inside the building that the insurgents were using as their firing position. After the British team escaped with their wounded and dead, a Middle Eastern news agency publicized the effects of the helicopter attack and reported the incident as another U.S.-led atrocity. The ensuing public outrage manifested in the form of demonstrations and demands that the American pilot be tried for war crimes. The U.S. response was that the destruction of the building was justified by the military necessity of the situation, and that the insurgents bore the blame for the incidental lost of innocent civilian lives. …

https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1099&context=djcil

Has Conduct in Iraq Confirmed the Moral Inadequacy of International Humanitarian Law? Examining the Confluence Between Contract Theory and the Scope of Civilian Immunity During Armed Conflict

Samuel Vincent Jones

Papers

The invisible man: the conscious neglect of men and boys in the war on human trafficking

Human Trafficking Victim Identification: Should Consent Matter?

The Invisible Man: The Conscious Neglect of Men and Boys in the War on Human Trafficking, 2010 Utah L. Rev. 1143 (2010)

Ending Bacha Bazi: Boy Sex Slavery and the Responsibility to Protect Doctrine

Has Conduct in Iraq Confirmed the Moral Inadequacy of International Humanitarian Law? Examining the Confluence Between Contract Theory and the Scope of Civilian Immunity During Armed Conflict