AARON D. SIMOWITZ, Gibson, Dunn & Crutcher LLP
Email: asimowitz@gibsondunn.com

Prostitution in the United States in the early 19th century was almost entirely an individual, ad hoc, unorganized activity. Prostitutes were, for the most part, kept women who lived with a man, trading housework, cooking, and intimate relations for a roof over their heads and, occasionally, money. In the 1910s, the Progressive Movement arrived, bringing with it enforcement of harsh criminal penalties for prostitution for the first time. Within a couple of decades, the rigorously structured, commercialized prostitution industry that we know today had begun to emerge. Criminalization had transformed prostitution from a practice into an institution and business. This paper will examine the causal relationship between criminalization and institutionalization, focusing on the development of American prostitution.

Part I of this paper will examine the practice of prostitution in North America prior to the prohibitionist and criminalization campaign ushered in by the Progressive Era. Part II will examine this campaign and the immediate effects it had on the organization of prostitution. Part III will demonstrate that prostitution, particularly in urban centers, achieved a remarkable degree or organization and structure shortly after criminalization. Part IV notes that the independent contactor model that typified the 19th century in North American remains prevalent in the Dutch system of prostitution, a radically different framework owing to the absence of criminalization. Part V will set out an analysis of the forces behind the criminalization to institutionalization link. The paper concludes with a brief discussion of the policy implications of better understanding the relationship between criminalization and institutionalization.

STEPHEN J. POWELL, University of Florida - Fredric G. Levin College of Law
Email: powells@law.ufl.edu

With their unremitting and inevitable intersections, trade and human rights would seem ideal candidates for natural alliance to accomplish their complementary goals. Trade's guarantees of collective freedom, non-discrimination, property rights, and the rule of law protect the corresponding human rights to individual liberty, protection from discrimination, the right to private property, and guaranteed access to the judicial system. Tragically, the reality has seen neither alliance nor coordination. Often, even simple recognition of the other policy is lacking.

Three propositions portend for us the way to end trade's splendid isolation from human rights. First, global trade rules contain an abundance of effective but unexplored safe harbors to shelter human rights measures from sanctions for violation of trade's non-discrimination and other defining pillars. Second, the unheralded indirect effects of both the World Trade Organization (WTO) and regional trade free agreements (FTAs) in forcing governments to act with greater transparency and accountability have resulted in substantial advancement of human rights compliance. Finally, we can no longer seriously question that governments have an obligation to include in trade agreements enforceable provisions that ensure compliance by signatories with fundamental human rights.

At GATT's creation in 1947, negotiators could be forgiven the failure to appreciate trade's inevitable effects on human rights. Such ignorance no longer can be countenanced in the crafting of trade treaties that have transformed the world over the past 30 years into an unstoppable engine of economic growth with near fathomless power to change the standard of living of every global citizen. Each new treaty is not only born into the corpus of existing public international law, including human rights treaties and custom, but each new trade negotiation must accept the facts that half a century of ever-broader trade rules have revealed. Trade's inexorable growth has, as economists predicted, created winners and losers. Trade's winners mostly have been transnational corporations able to reduce costs by seeking out countries with a comparative advantage in their products, usually without concern either for the human lives or the natural resources abused in that search. Trade's biggest losers have been the human rights of workers, of environmental and thus human health, of women, of indigenous populations, of the poor, of development and developing countries generally.

Trade agreements must assume some responsibility to deliver the human rights promised by a dozen U.N. treaties. For the same reasons that a developing country cannot today justify the worst forms of child labor by citing to similar U.S. and European abuses during industrialization of those countries in the 19th century, trade negotiators cannot fail to use the unique power of globalization to eliminate poverty, to make a reality of non-discrimination, to protect the traditional knowledge of indigenous populations, to ensure the raising of women out of second-class status, to protect core labor rights. Trade's right to regulate for human rights purposes must become trade's obligation to regulate consistently with human rights law.

JOHN BAIRD, Yale University - School of Public Health
Email: john.baird@yale.edu
STEVEN MA, Yale University - School of Public Health
Email: shuangge.ma@yale.edu
JENNIFER PRAH RUGER, Yale University - School of Medicine
Email: jennifer.ruger@yale.edu

Context - Poverty and maternal and child health are inextricably related; yet few, if any, studies have evaluated the effects of development programs focused on the maternal and child health of the poor.

Objective - To examine the impact of the World Bank's Safe Motherhood Project (SMP) intervention on the health outcomes of Indonesia's poor.

Design, Setting, Participants - Analysis of infant, child and maternal health outcomes of Indonesia's poor before and after introduction of SMP, comparing membership and non-membership in SMP. Indonesian provincial level data from 1990 to 2005 was analyzed using a difference-in-difference approach with Ordinary Least Squares multivariate regression adjusting for covariates. East and Central Java were compared to seven reference control provinces from neighboring areas.

Main Outcome Measures - Infant mortality, under-five mortality, total fertility rate, teenage pregnancy, unmet contraceptive need, and percentage deliveries overseen by trained health personnel.

Results - Comparing before and after periods in multivariate analysis, the SMP was significantly associated with a net beneficial change in under-five mortality (N=63, P=0.03), but was not in infant or maternal health outcomes., Unemployment and the pupil-teacher ratio were significantly associated with infant mortality (N=80; P=0.005 and P=0.02, respectively) and with percentage deliveries overseen by trained personnel (N=52; P=0.001 and P<0.001, respectively). Pupil-teacher ratio and female education level were significantly associated with under-five mortality (P=0.01 and P=0.04, respectively).

Conclusions - Taking into account the impact of two other development projects, with the exception of under-five mortality, poor Indonesians living in provinces that were members of SMP had no more beneficial changes in infant and maternal health outcomes as compared to provinces that were not members of SMP. This study does illustrate, however, the connection between unemployment and education and health outcomes and access to healthcare. While this maternal and child health intervention may not have produced sustainable results in the context of two other development projects and nationwide changes in education and employment among the poor; further research is needed to build the evidence base for future development policy.

ROBERT C. BIRD, University of Connecticut - Department of Marketing
Email: robert.bird@uconn.edu

This manuscript addresses how developing countries can maximize access to essential medicines and minimize unwanted side-effects within the legal environment of a compulsory license regime. This paper offers various solutions that developing nations can implement that would improve consumer access without costly expenditures or foreign aid. This paper concludes that, while compulsory licensing can play a role in improving public health, external social and political conditions must be considered in order to make licensing an effective practice.

MAARTEN KUNST, Tilburg University - International Victimology Institute Tilburg
Email: m.j.kunst@uvt.nl

This study investigated the adverse effects of exposure to inmate or peer aggression, type D-personality and their interactions on posttraumatic stress reactions among a sample of prison workers. The basic tenet of type D-personality is that not so much the experience of negative emotions per se is responsible for negative health consequences, but rather the way individuals cope with such emotions. Many studies have revealed diverse adverse health outcomes of type D-personality, particularly among cardiac patients. However, the moderating effect of social inhibition has never been statistically examined in other populations. Participants (111 men, 40 women) were recruited in 10 Dutch correctional institutions. The results showed victims of aggression are more prone to develop PTSD symptoms than non-victims, although this particularly applied to victims of peer aggression. Furthermore, an interaction effect was observed between inmate aggression and type D-personality. Finally, both peer aggression and type D-personality contributed to development of probable PTSD - diagnosis.