The HIV-infected health care provider. Doe v. Attorney General of the United States

Doe demonstrates that once an employer enters into a relationship with an individual and thereafter determines that he or she may be disabled, the employer has the right to ask the individual questions about the possible disability when those questions are relevant to assessing his or her qualifications for continuing on the job. In fact, once a health care provider is on notice that an employee's or physician's disability may render the employee or physician no longer qualified, thereby potentially endangering patients, the provider is required to determine whether the person is qualified for the job. In these sensitive matters, employers must draw a fine line between unreasonably following up on every rumor on the one hand, and on the other hand investigating reliable information when there may indeed be a direct threat to patients.     

A dissent from the many dissents from Attorney General Ashcroft's interpretation of the Controlled Substances Act

In this essay, Professor Marc Spindelman examines the states' rights arguments that have been deployed in the Oregon v. Ashcroft litigation to challenge Attorney General John Ashcroft's interpretation of the federal Controlled Substances Act. Professor Spindelman criticizes those arguments as reflecting bad politics--politics of complicity--that self-styled liberals should resist and reject.     

Stopping the illegal trafficking of human beings

The transnational sex industry experienced a surge during the 1990swith the breakup of the former Soviet Union. The virtual enslavementof a growing number of women into the global prostitution market fromthis region of the world has begun to be documented in an on-goingmanner by independent non-governmental organizations that trackmigration patterns and international criminal activity. The emergenceof this phenomenon in Europe expands the study of the transnationalsex industry well beyond Southeast Asia and Asia, where it has beenexamined primarily to date. Governments and internationalgovernmental organizations such as the United Nations are also nowfocusing on this issue from local and global perspectives. In thispaper, the roles that transnational police organizations can play, andhave been playing, regarding preventing and investigating the activitiesof the transnational sex industry, are explored. After sketching thescope of the problem, identifying the players of interest, and examiningthe roles that they have been performing to date, recommendations areoffered for strengthening police response in this area.     

Managing money acquired from human trafficking: case study of sex trafficking from Bulgaria to Western Europe

Often the criminal activities, especially organized criminal groups are aimed at generating large amounts of money in a short period of time. However, the criminal organizations differ in their approach to revenue management. This article focuses on the management of proceeds acquired from human trafficking and presents the results of an empirical study on the topic. This study is based on 152 semi-structured interviews conducted with sex workers, traffickers, law-enforcement representatives, and prosecutors. The article explores the movement of money within the criminal organizations, the methods of bookkeeping and accounting, and the basic techniques for laundering the proceeds acquired from sex trafficking from Bulgaria to Western Europe. By describing how the criminals engaged in human trafficking for sexual exploitation manage the money generated from this type of criminal activity, a better understanding of the criminal phenomenon itself can be attained.     

Representations and misrepresentations of human trafficking

This paper examines how the trafficking issue has been defined by various stakeholders, the public and governments, and how these various definitions of the problem may have influenced current trafficking policies. Has the issue of trafficking become politicized and its definitions “stretched” by stakeholders? Have special interest groups, and sometimes governments as well, exploited the trafficking problem to support particular agendas? Are the victims of trafficking always the primary concern, or are other issues pushed forward at their expense? To address these questions, we examine the different approaches to trafficking and the data used to support the various claims and positions.     

Attorney communication and impression making in the courtroom

This study investigated the effectiveness of attorney communication and impression making in the courtroom. Trained in-court observers rated attorney presentations for factual and legal informativeness, organization, articulateness, and rapport during the opening statement phase of 50 trials. After the trials, jurors were asked to evaluate the attorneys' overall articulateness. enthusiasm, and likableness during the trial. The attorneys were then questioned about their own performance on these indices. The results revealed that the opening statements of prosecuting attorneys were judged by observers as better organized and more factually and legally informative than defense attorneys. However, these variables were not related to trial outcome. Juror evaluations of prosecuting attorneys more closely agreed with these attorneys' self-perceptions of courtroom performance while defense attorneys rated themselves significantly more favorably than did jurors. More courtroom experience did not generally lead to better courtroom performance during opening statements for either prosecuting or defense attorneys, and often resulted in significant overestimations of general performance relative to juror evaluations, particularly among defense attorneys. System constraints operating in favor of prosecutors and performance feedback mechanisms available to prosecutors but not to defense attorneys are discussed. These mechanisms may account for the discrepancies between juror perceptions of attorneys and attorney self-perception.     

Participation by the Defense Attorney in the Preliminary Investigation

In the broad discussion of the contradictions of socialism as a social system (contradictions of socialism as a world system have not yet been touched upon), quite a few new issues have been defined, and many interesting opinions and by no means indisputable notions have been presented. In light of the existing views, including critical commentary on my own position, let me just share some thoughts on the subject.