13203 research outputs found
Sort by
Policing Bodies: Law, Sex Work, and Desire in Johannesburg
No full textSex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment\u27s notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country\u27s laws and protecting citizens\u27 human rights.https://www.repository.law.indiana.edu/facbooks/1286/thumbnail.jp
Frozen Embryos, Male Consent, and Masculinities
Get PDFPicture two men facing the possibility of unwanted fatherhood. One man agreed to go through in vitro fertilization (IVF) with his partner, but years later has changed his mind. Despite the fact that the embryos created through IVF are his partner’s last chance to be a genetic parent, a court allows him to block her use of the embryos.
By contrast, another couple’s sexual relationship broke the law. The woman was a legal adult, and her partner was a child under the age of eighteen. Their encounter was thus statutory rape. Her crime led to pregnancy, and after she gave birth, she sued the teenager for child support. Despite his protest that he did not consent to the sexual activity that led to the child’s birth, the court affirms the child support order.
As a practical matter, this inconsistency in treatment of unwanted fatherhood may instinctively make sense, applying two different rules for two very different contexts. A deeper examination of the cases, however, reveals much more going on. This Article uses the frame of masculinities theories to dive further into the inconsistency and uncovers two groundbreaking implications that stretch far beyond the specific circumstances. First, the varying treatment of embryo disposition disputes and the characterization of male victims of statutory rape have one constant: a dismissal and rejection of men’s emotions. Second, exploring the inconsistent treatment of men’s consent to become fathers in sexual reproduction versus stored embryos reveals a clear rejection by courts of the personhood concept that embryos are human life. These revelations inform not only how embryo disposition disputes should be resolved, but also fetal personhood and family law’s treatment of fathers
Lifelong Friends: Fred Logan, Jeff Richardson, and the Hon. John Tinder
No full textThe Hon. John Tinder graduated from the Law School in 1975, with Fred Logan and Jeff Richardson following in 1977. Throughout their long and storied careers, the trio has remained incredibly close, despite living in different parts of the country. In this episode of One More Cold Call, the three alumni talk about their experiences in life and law, and what led them to create a scholarship supporting our students.https://www.repository.law.indiana.edu/coldcall/1013/thumbnail.jp
Examining Stock Trading Reforms for Congress Hearing Before the U.S. House of Representatives Committee on House Administration
Get PDFProfessor Nagy testified (text attached, video below) in support of federal legislation that would prohibit members of Congress from owning the securities of individual publicly traded companies as well as certain other investments that would likely conflict with their official duties.
It was nearly 10 years ago to the day when President Barack Obama signed the Stop Trading on Congressional Knowledge (STOCK) Act, requiring enhanced financial disclosures and creating new securities transaction reporting rules for members of Congress, certain members of their family, and their staff. The Act also made absolutely clear that a member of Congress who trades securities based on material nonpublic government information would be violating the federal securities law’s insider trading prohibition. Nagy testified in both the House and Senate hearings that preceded the STOCK Act’s passage, but she believed then, as she does now, that it did not go far enough in preventing lawmakers from profiting off their congressional service.
Nagy’s scholarship in the areas of securities litigation and insider trading has been widely cited. She is the co-author of Ferrara on Insider Trading and The Wall and the forthcoming fifth edition of Securities Litigation, Enforcement, and Compliance: Cases and Materials as well as the author of more than 20 published law review articles and book chapters
Compelled Speech and Proportionality
Get PDFThis Article argues for a proportional First Amendment approach to compelled speech jurisprudence. It discusses the evolution of doctrine and how it led to recent opinions finding unconstitutional consumer protection, health disclosure, and collective bargaining statutes. In place of the currently formalistic approach, the Article argues for a transparent balancing of interests to avoid litigants’ opportunistic reliance on categorical First Amendment doctrines. Missing from the recent decisions that relied on the compelled speech doctrine is any systematic or contextual weighing of private and public concerns about disclosure regulations. The Roberts Court has been rather formalistic and categorical in its compelled speech decisions. It relied on the doctrine to find unconstitutional regulations on credit card surcharges, prescription privacy, collective bargaining, and health notices.
Greater context in judicial reasoning would better balance competing interests and First Amendment values. The compelled speech doctrine should be rethought with an eye to greater contextual clarity. This can be effectively captured through means-ends analysis rather than categorical and often inconsistent judicial veto of federal and state legislation
The Next Pandemic Might be a Petdemic
Get PDFA new scientific study shows that COVID-19 can be transmitted from cats to humans. Luckily, this channel of transmission seems extremely rare, at least thus far. But next time—and there will be a next time—we may not be so fortunate. This Article addresses this underappreciated risk of what I term a “petdemic”—a pandemic or epidemic that involves significant disease transmission between pets and humans. With nearly 70% of U.S. households owning pets, a petdemic could be catastrophic. One of our go-to responses for even perceived petdemics, honed over the last century, is to slaughter our pets. This pioneering Article proposes a way to break that cycle. Would existing legal restrictions curb the excess reactions of individuals and governments? Unfortunately, they would not. In the immediate aftermath of COVID-19, we have a chance to prepare for this problem. We must seize this opportunity to craft proactive legal and other policy solutions that emphasize creating options for pet owners to retain their animals, as well as removing knowledge gaps likely to characterize a novel infectious disease and potential bottlenecks exacerbated by legal restrictions or infrastructure shortfalls. The survival of our animals and our very humanity may depend on these endeavors