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Can the government stick us with privacy we don't want? It can, it does, and according to Anita L. Allen, it may need to do more of it. Privacy is a foundational good, Allen argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate privacy protections for its people, whether they eagerly embrace them or not. This unique book draws attention to privacies of seclusion, concealment, confidentiality and data-protection undervalued by their intended beneficiaries and targets--and outlines the best reasons for imposing them. Allen looks at laws designed to keep website operators from collecting personal information, laws that force strippers to wear thongs, and the myriad employee and professional confidentiality rules--including insider trading laws--that require strict silence about matters whose disclosure could earn us small fortunes. She shows that such laws recognize the extraordinary importance of dignity, trust and reputation, helping to preserve social, economic and political options throughout a lifetime.
Examines the ways in which the Supreme Court has dealt with obscenity. Chronological chapters featuring a specific aspect of the constitutional problem and the solutions espoused by a particular justice relate each decision to the temper of the times and the guarantees of the First and Fourth Amendments. Concludes that private collection of pornographic material should be restricted only by time and place. Annotation copyright by Book News, Inc., Portland, OR
When is rape not a crime? When it's pornography--or so First Amendment law seems to say: in film, a rape becomes "free speech." Pornography, Catharine MacKinnon contends, is neither speech nor free. Pornography, racial and sexual harassment, and hate speech are acts of intimidation, subordination, terrorism, and discrimination, and should be legally treated as such. Only Words is a powerful indictment of a legal system at odds with itself, its First Amendment promoting the very inequalities its Fourteenth Amendment is supposed to end. In the bold and compelling style that has made her one of our most provocative legal critics, MacKinnon depicts a society caught in a vicious hypocrisy. Words that offer bribes or fix prices or segregate facilities are treated by law as acts, but words and pictures that victimize and target on the basis of race and sex are not. Pornography--an act of sexual domination reproduced in the viewing--is protected by law in the name of "the free and open exchange of ideas." But the proper concern of law, MacKinnon says, is not what speech says, but what it does. What the "speech" of pornography and of racial and sexual harassment and hate propaganda does is promote and enact the power of one social group over another. Cutting with surgical deftness through cases of harassment in the workplace and on college campuses, through First Amendment cases involving Nazis, Klansmen, and pornographers, MacKinnon shows that as long as discriminatory practices are protected as free speech, equality will be only a word.
In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.
Sexual drives are rooted in biology, but we don’t act on them blindly. Indeed, as the eminently readable judge and legal scholar Richard Posner shows, we make quite rational choices about sex, based on the costs and benefits perceived. Drawing on the fields of biology, law, history, religion, and economics, this sweeping study examines societies from ancient Greece to today’s Sweden and issues from masturbation, incest taboos, date rape, and gay marriage to Baby M. The first comprehensive approach to sexuality and its social controls, Posner’s rational choice theory surprises, explains, predicts, and totally absorbs.
Also published as v. 59, no. 1 (winter 1992), of the University of Chicago law review.