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2000

Civil Rights and Discrimination

Faculty Scholarship Series

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Full-Text Articles in Law

The Eclectic Model Of Censorship, Kenji Yoshino Jan 2000

The Eclectic Model Of Censorship, Kenji Yoshino

Faculty Scholarship Series

Censorship used to be a very dull subject. Aligned along
predictable and venerable divisions separating liberals from
conservatives, oriented toward ancient and well-rehearsed
chestnuts such as obscenity and national security, the topic
promised little of analytic interest.
In recent years, however, the landscape of censorship has
altered dramatically. Now feminists in Indianapolis join with
fundamentalist Christians to seek the regulation of pornography.
Critical race theorists join with Jesse Helms to regulate hate
speech. Advocates of abortion rights seek to restrict political
demonstrations while conservative pro-life groups defend the
freedom to picket (p. 1).


The Epistemic Contract Of Bisexual Erasure, Kenji Yoshino Jan 2000

The Epistemic Contract Of Bisexual Erasure, Kenji Yoshino

Faculty Scholarship Series

In this article, Professor Kenji Yoshino seeks to explain why the category of bisexuality has been erased in contemporary American political and legal discourse. He first argues that the invisibility of bisexuality relative to homo- sexuality does not reflect the incidences of those orientations in the population. Defining bisexuality as the possession of more than incidental desire for both sexes, Yoshino shows that the major sexuality studies demonstrate that the inci- dence of bisexuality is in fact greater than or comparable to the incidence of homosexuality. Yoshino explains the erasure of bisexuality by positing that both self-identified heterosexuals and self-identified ...