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Full-Text Articles in Law
“Sexting” And The First Amendment, John A. Humbach
“Sexting” And The First Amendment, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
“Sexting” and other teen autopornography are becoming a widespread phenomenon, with perhaps 20% of teenagers admitting to producing nude or semi-nude pictures of themselves and an ever greater proportion, perhaps as many as 50%, having received such pictures from friends and classmates. It is, moreover, beginning to result in criminal prosecutions. Given the reality of changing social practices, mores and technology utilization, today’s pornography laws are a trap for unwary teens and operate, in effect, to criminalize a large fraction of America’s young people. As such, these laws and prosecutions represent a stark example of the contradictions that can occur …
A Little More Mascara: Response To Making Up Is Hard To Do, Darren Rosenblum
A Little More Mascara: Response To Making Up Is Hard To Do, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Response to the exploration of the dynamics of race, gender, and sexual orientation in the law school classroom by Professors Adrienne Davis and Robert Chang.
Taxation, Pregnancy, And Privacy, Bridget J. Crawford
Taxation, Pregnancy, And Privacy, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This Article frames a discussion of surrogacy within the context of existing income tax laws. A surrogate receives money for carrying and bearing a child. This payment is income by any definition, even if the surrogacy contract recites that it is a "reimbursement." Cases and rulings on the income tax consequences of the sale of blood and human breast milk, as well as analogies to situations in which people are paid to wear advertising on their bodies, support the conclusion that a surrogate recognizes taxable income, although the Internal Revenue Service has never stated so. For tax purposes, the reproductive …
The Third Wave's Break From Feminism, Bridget J. Crawford
The Third Wave's Break From Feminism, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Janet Halley proves that third-wave feminism is wrong - wrongly described, that is. Young feminists in the United States tout a "third wave" of feminism that is hip, ironic and playful - the supposed opposite of the dour and strident "second wave" of 1970's feminism. Goodbye frumpy sandals; hello sexy fishnets, according to third-wave feminism. Initially young women themselves (and now writers and scholars) embraced a pervasive wave metaphor to convey the belief that differences within feminism are generational. Youth crashes against (and ultimately overtakes) its elders. But rifts within feminism cannot be so neatly explained. The story is more …