Issues

The use of solitary confinement in carceral settings has been prevalent in the United States for as long as the justice system has been in place. The practice of isolating people who are incarcerated from the general prison population was adopted in the juvenile justice system as well, despite the system’s purported focus on rehabilitation. This paper reviews the developmental psychological literature suggesting that solitary confinement can harm adolescents in a variety of ways (psychological, psychosocial, and physical). We then discuss the prevalence of juvenile solitary confinement in federal and state courts. Finally, considering this research, we identify goals for future research and suggest policy reforms, including a ban of solitary confinement of youth.

Human trafficking increasingly relies on digital platforms, where algorithms connect traffickers with buyers, amplify illicit content, and facilitate transactions at an unprecedented scale. Yet China’s legal framework remains largely reactive, imposing liability on platforms only after illegal content has been detected and removed. This Article argues that such a notice-and-takedown approach is no longer sufficient to combat trafficking in an algorithm-driven online environment. This Article proposes a proactive model of algorithmic accountability. It contends that digital platforms should be held legally responsible when they fail to design, monitor, and refine their algorithms to prevent the dissemination and amplification of trafficking-related content. It explains how China’s existing platform liability regime incentivizes reactive compliance rather than structural prevention, allowing trafficking networks to persist despite increasingly stringent criminal penalties. It further argues that platforms are both the cheapest cost avoiders and active participants in shaping online ecosystems through recommendation algorithms, making proactive obligations both economically justified and technologically feasible. Finally, it demonstrates that this reform is consistent with China’s current legislations. By shifting platform liability from reactive content moderation to proactive algorithmic governance, this Article offers a more effective framework for combating human trafficking in the digital age. Although grounded in the Chinese legal system, the proposed framework offers broader lessons for jurisdictions confronting the growing role of algorithmic systems in facilitating human trafficking and other forms of online harm.