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Articles 1 - 11 of 11

Full-Text Articles in Law

Working Sex Words, Anita Bernstein Dec 2017

Working Sex Words, Anita Bernstein

Michigan Journal of Gender & Law

Imagine yourself tasked to speak for a few minutes about legal controls on sex-selling in the United States, or any other country you choose. You need not have thought about the particulars. As someone willing to read a law review article, you have enough to say because sex-selling overlaps with the subject knowledge you already have. Criminal law, contracts, employment law, immigration law, tort law, zoning, commercial law, and intellectual property, among other legal categories, all intersect with this topic. In your brief remarks on how law attempts to mediate the sale and purchase of sex, you have only one ...


Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul Jan 2009

Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul

Michigan Journal of Gender & Law

Despite its prevalence, sexual expression among inmates is currently prohibited in United States prisons. Recent scholarship, however, has advocated allowing certain types of sexual expression in women's prisons. The advocates of such a position differentiate between different types of sex within the correctional system: sexual expression that the system has no interest in prohibiting and should not bar, and sex acts that the system does have an interest in prohibiting and should continue to regulate. This position is based on the dual assumptions that, first, women in prison as a collective unit would benefit from some types of sexual ...


Sex-Separation In Public Restrooms: Law, Architecture, And Gender, Terry S. Kogan Jan 2007

Sex-Separation In Public Restrooms: Law, Architecture, And Gender, Terry S. Kogan

Michigan Journal of Gender & Law

This Article challenges the common assumption that legally mandated sex-separation of public restrooms is a benign recognition of natural anatomical differences between men and women. Relying on legal history, gender history, and architectural theory, my central thesis is that, contrary to common intuitions, there was nothing benign or gender neutral about the social and historical origins of the first laws adopted at the end of the nineteenth century that mandated such separation.


Pornography As Trafficking, Catharine A. Mackinnon Jan 2005

Pornography As Trafficking, Catharine A. Mackinnon

Michigan Journal of International Law

In material reality, pornography is one way women and children are trafficked for sex. To make visual pornography, the bulk of the industry's products, real women and children, and some men, are rented out for use in commercial sex acts. In the resulting materials, these people are then conveyed and sold for a buyer's sexual use. Obscenity laws, the traditional legal approach to the problem, do not care about these realities at all. The morality of what is said and shown remains their focus and concern. The injuries inflicted on real people to make the materials, or because ...


The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith Jan 2002

The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith

Michigan Journal of Gender & Law

In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then ...


What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf Dec 1999

What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf

University of Michigan Journal of Law Reform

Children Requiring a Caring Kommunity (C.R.A.C.K.) is an organization that pays current or former drug addicts $200 to be sterilized. While generating great public controversy, C.R.A.C.K. is expanding rapidly throughout the country. Its clients are disproportionately poor women of color, who are coerced by the offer of money into permanently relinquishing their reproductive rights. This Note argues that C.R.A.C.K. is a program of eugenical sterilization that cannot be tolerated. Moreover, C.R.A.C.K. further violates settled national public policy by offensively commodifying the ill-commodifiable, by demeaning ...


An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg Jan 1996

An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg

Michigan Journal of Gender & Law

The thesis of this essay is a simple one: to have a measure of control over her destiny, to have any choices, a woman must be a sexual agent, a subject of desire rather than an object. How can women exercise any autonomy in any other realms if in their most intimate lives they are unable to voice their desires? I do not mean to suggest that sexuality has unlimited explanatory power or that everything about women's domination can be explained by a rearticulation of desire. I do believe, however, that although the issue of sexuality is much discussed ...


Constitutional Misconceptions, Radhika Rao May 1995

Constitutional Misconceptions, Radhika Rao

Michigan Law Review

A Review of Children of Choice: Freedom and the New Reproductive Technologies by John A. Robertson


Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein Aug 1994

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Michigan Law Review

In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the ...


Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi Jan 1994

Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi

Michigan Journal of International Law

The purpose of this Note is to analyze the institution of mut'a critically, but objectively. It is important to first understand that it is possible to learn something from this institution. The sanctioning of temporary marriages illustrates the pervasive role of law as a method of social control, a characteristic which has parallels in the West. Furthermore, the institution may be challenged on its merits. For example, this Note intends to illustrate how the lack of formalism and the presence of great ambiguity in the institution have contributed to its lack of acceptance in Iranian society. The institution's ...


Fornication, Cohabitation, And The Constitution, Michigan Law Review Dec 1978

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds ...