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The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata Jun 2021

The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata

Golden Gate University Law Review

The recent article Nonbinding Bondage: Exploring the (Extra)legal Complexity of BDSM Contracts encapsulates the aesthetic legacy of the sex contract and its embodiment in what this Comment calls “legal role play,” or how individuals perform contractual play-acting for sexual gratification. In Part I, this Comment challenges Nonbinding Bondage’s historical arc, using this writing as a launchpad for a more extensive discussion of the sex contract’s aesthetic interpretation. Employing a vocabulary of parody, play and performance (all aesthetics terms), Nonbinding Bondage presents the most popular reading of subcultural BDSM contracts: that they mime aspects of traditional contracts to unearth truths about …


Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido Jun 2011

Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido

Golden Gate University Law Review

This Note examines Benay v. Warner Bros. Entertainment, Inc., and the substantial-similarity standard under a California breach of an implied-in-fact contract claim and a federal copyright infringement claim. The standard used in Benay will hinder the free flow of ideas by deterring producers from accepting an author’s screenplay for fear of breaching an implied-in-fact contract. Part I of this Note summarizes the history and development of the protection of rights to creative works. Part II provides the facts and procedural history of Benay v. Warner Bros. Entertainment, Inc. Part III analyzes and criticizes the Ninth Circuit’s holding in Benay …


A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett Sep 2010

A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett

Golden Gate University Law Review

The Internet, or ARPAnet, was originally developed by the U.S. Defense Department to support military research. As academics were invited to use the system, word of the system's research utility quickly spread. As the popularity of the computer increased, public consumer demand for access to the Internet increased. Consequently, the Internet quickly became a household word, no longer confined to government or academic circles. Currently, the Internet accommodates million users, and the numbers increase daily. In light of the expanse and growing importance of the Internet, this Comment will discuss the history and application of obscenity laws. This Comment will …