At risk of pride, I wish to share, with students' permission, the impressive range of projects generated in our class this semester in 2019. The following excerpts are of my construction, so any roughness in the editing is my fault. No need to call for reference checks on any of these students; every one has our informed endorsement. Let the hiring begin!
William McGuire, Prostitution and Human Trafficking [Sweden, UK, US]. Prostitution and human trafficking are two intertwined issues that have prevailed throughout the course of modern history, and an analysis of the different approaches taken by different societies articulates a quadripartite view of prostitution as a whole. The four views are the moralizing view, normalizing view, the patheticizing view and the victimization view. These four views have produced three categories of legal systems, the absolute or partial criminalization of prostitution, the regulation and legitimization of prostitution, and the abolition of prostitution.... In this paper, I will articulate the three different legal systems through example. I will use the Swedish Model to show how the partial criminalization of prostitution has affected Swedish society as a whole. I will use the United States to show the American model of abolition of prostitution, with the exception of the state of Nevada. Finally, I will use The Netherlands to show the regulation of prostitution. I will then discuss the social pressures that led to the adoption of the legal system used in each country, specifically, whether the impetus was to combat human trafficking or not. Finally, I will conclude by discussing whether there is convergence or divergence on a regional and global level.
Christine Powers, A Comparison of the Child Custody Standards in the United States, New Zealand, and Ireland. This paper is an examination and discussion of the different child custody definitions and terminologies and the standard deployed by the judicial system when making a child custody determination. The paper will discuss the different factors that a judge may or must consider when making a child custody arrangement. Further, the article will discuss whether or not there is a trend towards a unified standard and whether unification of the standard is possible.
Kiersten Reider, I Do But I Don't Want To: A Comparative Analysis of the Criminal Marital Rape Laws of the United States and India. The aim of this paper is to provide a comprehensive analysis of the criminal rape laws of the United States and India, with an emphasis on marital rape. I will spend time discussing each country individually before drawing a comparison between the two. First, I will discuss the United States, briefly touching on the common law history of marriage, and criminal rape laws at the state and federal level. I will then discuss India, touching on its hybrid legal system, and the history of marriage and criminal rape laws at the state and federal level. Last, I will discuss the similarities and differences between the two systems.
Christina Suh, Comparing the Law to Court-Mandated Divorce Parenting Class Between the United States and South Korea. This paper compares legislative and judicial history in implementation of court-mandated parenting classes during divorce proceedings in the United States and South Korea. The discussion demonstrates how evolution of social movements in each country changed its customary laws in the area of family law jurisprudence. In exploring the multiple related causes behind the development of the mandated parenting class, parts of the paper will address how Korea’s high cultural context influenced its revision in laws to focus on the protection of minor children and promote gender equality. Although there is a lack of strong studies that speaks to the direct effectiveness of the program in each country, the related research demonstrates the importance of educating parents about managing conflict and promoting the health and safety of children. In conclusion, findings will show why changes in law that educate and decrease adverse child experience (ACE) is an approach that benefits society as a whole, in the long term....
Brittany Wescott, Juvenile Justice Converges on Principles Leading to the International Harmonization of the Juvenile Justice System [South Africa, US]. This paper explores the similarities and differences between two countries, South Africa and the United States, specifically Massachusetts, in relation to the international principles governing each respective juvenile justice system. This paper explains how both the South African system and the U.S. system developed, illustrating the various principles each holds dear. In addition, this paper looks specifically at the value behind setting a minimum age of criminal responsibility, the crimes juveniles can be charged with, the limitations on sentencing, and the handling of juveniles in and out of the court room. Regardless of ratifying the Convention on the Rights of the Child, both countries have made significant progress toward embodying the principles of the international community.
Kyle Zacharewicz, Wish You Were Here: A Comparative Analysis of U.S. and Canadian Refugee Law and Policy. Immigration and refugee policy of various nations has started to move in the trend of “locking down” the border. It has been seen, both with the increase in numbers of refugees and the occurrence of several populist movements across the globe gaining real traction, that many countries have begun to implement a “Nation First” mentality toward the growing threat of “those people,” the nomadic wanderers by happenstance of displacement and inability to return home.... While the exchange of ideas on the treatment of and allowances for Refugees in the greater European community are robust and important, this paper will instead take a deep dive into the myths of how two different countries, the only two neighbors on the continent of North America, deal with and treat refugees and asylum seekers in order to discover how truly they hold up currently.... I find it effective to analyze these two countries as they are connected by their common law systems, participation in international treaty-making, similar legal structure in immigration and refugee procedure, and a border.... It is easy to see how the policy of one can affect the other, and my goal after explaining the reality of how these systems operate today is to show how the United States has clamped down on its immigration policy, and why Canada largely has the potential makings of a similar populist movement toward “locking down” the border.
Congratulations, Comparative Law students!
*Hyperbole. I'm not overcompensated at UMass, despite an inexplicable vote by the tenured faculty to disallow anyone asking for a raise. Compare Salary.com with MassLive database. Nonetheless, I will remain grateful for the opportunity to have worked with and learned from my students.