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Social and Behavioral Sciences Commons

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Full-Text Articles in Social and Behavioral Sciences

Catholic Claims Stretch The First Amendment, Ellis M. West Feb 2012

Catholic Claims Stretch The First Amendment, Ellis M. West

Political Science Faculty Publications

The Obama administration recently issued a regulation requiring all employers except religious organizations to include contraceptives in their employees' health insurance. The Catholic Church and various politicians have accused the administration of violating the church's religious freedom. Although the administration has modified its original regulation, it continues to be attacked for "waging war" on religious freedom.


Sex Exceptionalism In Intellectual Property, Jennifer E. Rothman Jan 2012

Sex Exceptionalism In Intellectual Property, Jennifer E. Rothman

All Faculty Scholarship

The state regulates sexual activity through a combination of criminal and civil sanctions and the award of benefits, such as marriage and First Amendment protections, for acts and speech that conform with the state’s vision of acceptable sex. Although the penalties for non-compliance with the state’s vision of appropriate sex are less severe in intellectual property law than those, for example, in criminal or family law, IP law also signals the state’s views of sex. In this Article written for the Stanford symposium on the Adult Entertainment industry, I extend my consideration of the law’s treatment of sex after Lawrence …


The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard D. Mccleary Jan 2012

The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard D. Mccleary

Law Faculty Articles and Essays

In the decade since the U.S. Supreme Court’s decision in Alameda Books v. City of Los Angeles, 535 U.S. 425 (2002), the adult entertainment industry has attacked the legal rationale local governments rely upon as the justification for their regulation of adult businesses: that such businesses are associated with so-called negative secondary effects. These attacks have taken a variety of forms, including: trying to subject the studies of secondary effects relied upon by local governments to the Daubert standard for admission of scientific evidence in federal litigation; producing studies that purport to show no association between adult businesses and negative …