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Full-Text Articles in Law

Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle Jan 2022

Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle

CMC Senior Theses

This thesis tracks the development of the Fight Online Sex Trafficking Act/Stop Enabling Sex Traffickers Act, or FOSTA/SESTA, which became federal law in 2018. The law's passage followed as a natural consequence of popular concerns about human trafficking. Congress passed the legislation by large margins in both houses given bipartisan opposition to sex trafficking. This thesis identifies plausible reasons for the only two Senate votes against the bill: those of Senators Rand Paul and Ron Wyden. Though these senators came from opposite sides of the aisle, they shared concerns about the future of free speech online and the potential failure …


Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey Jan 2021

Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey

Publications

Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …


Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis Oct 2020

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …


Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein Jan 2019

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein

Law School Blogs

No abstract provided.


Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter Dec 2018

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …


Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan Nov 2016

Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Freedom To Film Pornography, Marc J. Randazza Sep 2016

The Freedom To Film Pornography, Marc J. Randazza

Nevada Law Journal

No abstract provided.


Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson Sep 2014

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as …


Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist Aug 2012

Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist

Legislation and Policy Brief

The common policy of treating sexually exploited minors as criminals represents a fundamental failing of the justice system. Prostituted minors should not be treated as delinquents requiring discipline but rather as severely traumatized and abused victims requiring specialized services and counseling. Yet, in most states, prostituted minors are re-traumatized through arrest, prosecution, and detention instead of receiving specialized services. Besides being unjust, this policy is counter-productive. Arresting, prosecuting, and detaining minors hinders law enforcement efforts to go after the real criminals – the pimps and the johns, and misses an important opportunity to rescue minors from a system of commercial …


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz Oct 2009

Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz

Donna M. Hughes

In stunning culmination of a David-Goliath struggle that, at least until lately, few believed the David side had the slightest chance of winning, the Rhode Island legislature enacted three major anti-trafficking bills last night that the Governor will soon sign into law. 


Protect Our Children, Jenny Meyen, Donna M. Hughes Dr. Aug 2009

Protect Our Children, Jenny Meyen, Donna M. Hughes Dr.

Donna M. Hughes

There is something very disturbing about a business that advertises they are for “men and children” and evidence exists that this business has sexual acts occurring in the same building. That business is Gateway Barber and they advertise that they do haircuts, but that is not the only thing they do. According to the internet they are known as Salon 657 and described as offering erotic services. Gateway Barber is located on West Main Road in between two family restaurants. By all appearances one would assume that this is a “family business”. 


Action Alert For Senate: Comments On Human Trafficking Bills, Donna M. Hughes Dr. Jun 2009

Action Alert For Senate: Comments On Human Trafficking Bills, Donna M. Hughes Dr.

Donna M. Hughes

Rhode Island Senate President Paiva-Weed has said that she is “confident that we will address the issue of prostitution and human trafficking” this session (, Sunday, June 21, 2009, p A6). The votes in the Senate are crucial to Rhode Island getting a prostitution law and improving our trafficking law! There are competing bills, so it can get confusing. Remember, there are two versions of the prostitution bill (a House and Senate version) and two versions of the trafficking bill (a House and Senate version). 


Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr. Jun 2009

Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.

Donna M. Hughes

On Thursday (June 18, 2009), Governor Carcieri held a press conference to support Gianinni’s prostitution bill (H 5044A) and her House trafficking bill (H 5661A). Giannini’s bill will create laws against prostitution to “close the loophole” as it is often referred to. Joining the governor were Representative Joanne Giannini, the sponsor of the bills, Stacey Pires Veroni, Assistant Attorney General, Col. Doherty, Superintendent of the Rhode Island State Police, Representative Roberto DaSilva, and Donna M. Hughes, Professor at the University of Rhode Island. 


But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni Mar 2007

But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni

Nevada Law Journal

No abstract provided.