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Articles 391 - 405 of 405
Full-Text Articles in Law and Gender
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Publications
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
New York Law School Reporter, October 1990, New York Law School
New York Law School Reporter, October 1990, New York Law School
Student Newspapers
No abstract provided.
The New Politics Of Pornography, René L. Todd
The New Politics Of Pornography, René L. Todd
Michigan Law Review
A Review of The New Politics of Pornography by Donald A. Downs
Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann
Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann
University of Michigan Journal of Law Reform
This Article examines the regulation of pornography in West Germany and compares it to regulation in the United States. Part I provides an overview of the legal framework- constitutional and statutory-of pornography regulation in West Germany. Part II then traces the evolution of the concept of human dignity as a standard for defining pornography in West Germany, and Part III illustrates the practical impact of the idea in two widely debated recent cases. Part IV argues that West Germany's human dignity approach to pornography regulation raises important questions about how to view pornography, but that cultural and constitutional differences between …
Hard-Core Pornography: A Proposal For A Per Se Rule, Bruce A. Taylor
Hard-Core Pornography: A Proposal For A Per Se Rule, Bruce A. Taylor
University of Michigan Journal of Law Reform
Part I of this Article discusses the history and pervasiveness of the pornography problem. Part II explains the current legal test for obscenity, as evolved from Miller v. California, with an emphasis on terms commonly used in the definition of obscenity. Part III examines the problems in applying Miller that suggest that the application of a per se hard-core pornography rule may be appropriate. Finally, Part IV presents a proposal for a per se hard-core pornography rule, similar to child pornography laws existing in many jurisdictions and upheld by the Supreme Court in New York v. Ferber. This Article concludes …
Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears
Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears
University of Michigan Journal of Law Reform
During the eighteen months that the Attorney General's Commission on Pornography (the Commission) conducted public hearings, public discussion, and staff research, one of the most common types of inquiry directed to the staff consisted of questions as to the content of pornography currently available in the United States. Critics of the Commission's work asserted that the pornography used as exhibits by witnesses at the public hearings was extreme, not commonly available, or unrepresentative of that sold in pornography retail outlets; The only pertinent, quantitative data available to the Commission appeared in a single report in the American Journal of Psychiatry …
Brief Amici Curiae Of Feminist Anti-Censorship Taskforce, Et Al., In American Booksellers Association V. Hudnut, Nan D. Hunter, Sylvia A. Law
Brief Amici Curiae Of Feminist Anti-Censorship Taskforce, Et Al., In American Booksellers Association V. Hudnut, Nan D. Hunter, Sylvia A. Law
University of Michigan Journal of Law Reform
The document that follows represents both a legal brief and a political statement. It was written for two purposes: to mobilize, in a highly visible way, a broad spectrum of feminist opposition to the enactment of laws expanding state suppression of sexually explicit material; and to place before the Court of Appeals for the Seventh Circuit a cogent legal argument for the constitutional invalidity of an Indianapolis municipal ordinance that would have permitted private civil suits to ban such material, purportedly to protect women. Drafting this brief was one of the most demanding and exhilarating assignments either author has yet …
Introduction, Lillian R. Bevier
Introduction, Lillian R. Bevier
University of Michigan Journal of Law Reform
The Articles in this Symposium vividly demonstrate that the reason that the pornography debate is no longer at the forefront of national consciousness is surely not that the phenomenon itself has disappeared. Nor is it that we have achieved anything approaching consensus, for we cannot seem to agree even about what pornography is, much less about its harms or benefits. Nor is it even that we have suddenly discovered and begun to deploy, from tools long available in our legal arsenal, enforcement strategies promising cures less harmful than the disease. Quite the . contrary. As the editors of this journal …
The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson
The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson
University of Michigan Journal of Law Reform
This Article concludes that the power of government to regulate cable pornography is limited to that which is legally obscene. Part I reviews Supreme Court cases delineating the relationship between the rights of privacy in the home and of freedom of speech. Part II demonstrates that the technology of cable television provides the solution to the pornography dilemma. Cable television preserves both privacy and speech interests because individual subscribers can be given the physical means to block out programming they find personally offensive without affecting the ability of others to receive that programming. Where such accommodation of interests is permissible, …
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
Cardozo Law Review
No abstract provided.
Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby
Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby
Cardozo Law Review
No abstract provided.
Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker
Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker
Buffalo Law Review
No abstract provided.
Identifying The Rape Victim: A Constitutional Clash Between The First Amendment And The Right To Privacy, 18 J. Marshall L. Rev. 987 (1985), Ellen B. Fishbein
Identifying The Rape Victim: A Constitutional Clash Between The First Amendment And The Right To Privacy, 18 J. Marshall L. Rev. 987 (1985), Ellen B. Fishbein
UIC Law Review
No abstract provided.
Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder
Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder
Michigan Law Review
The decision of the U.S. Supreme Court in Roberts v. United States Jaycees, upholding a Minnesota ruling which requires the Minnesota Jaycees to admit women as full members, ended one controversy but marked only the beginning of a far larger one. It was predicted by many that U.S. Jaycees would answer the question of whether private associations with restrictive membership policies were vulnerable to state anti-discrimination laws or were constitutionally protected. It did not. Instead, while rejecting the Jaycees' constitutional claims, the Court established a comprehensive framework for analyzing future claims of associational freedom that contains a number of …
Violent Pornography: Degradation Of Women Versus Right Of Free Speech, Lisa G. Lerman
Violent Pornography: Degradation Of Women Versus Right Of Free Speech, Lisa G. Lerman
Scholarly Articles
No abstract provided.