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Law & Morality 3600:327: Group 2

Group 2 Bibliography

Should Prostitution Be Legalized?

Alemzadeh, Sheerine. "Baring Inequality: Revisiting the Legalization Debate through the Lens of Strippers' Rights." Michigan Journal of Gender & Law 19.2 (2013): 339.
The article discusses controversies related to profession of stripteasers in terms of culture and legal jurisprudence in the U.S. It discusses emotional and sexual labor involved in stripping and states that the consideration of strippers as independent contractors is unjustifiable. It discusses legal protection for strippers in terms of sexual harassment law. It expands on regulations for strip clubs and concludes that legalization of prostitution can enhance protection for prostitutes. It finally suggests legal authorities and courts should protect the stripper from the troubled dialectics of vice regulation and labor deregulation.

Beran, Katie. "Revisiting the Prostitution Debate: Uniting Liberal and Radical Feminism in Pursuit of Policy Reform." Law & Inequality 30.1 (2012): 19-56.
The article focuses on the approach of government in the U.S. on prostitution and the arguments for its legalization. It discusses the need of legal and social reform that the federal and state government must adopt in the case of prostitution. It further discusses several feminist theory and policy on prostitution in law journals. It then focuses on the problems of race, class, disease and violence in prostitution in several countries. It also discusses liberal and radical feminism.

Brents, Barbara G., and Kathryn Hausbeck. "Violence and Legalized Brothel Prostitution in Nevada: Examining Safety, Risk, and Prostitution Policy." Journal of Interpersonal Violence 20.3 (2005): 270-95.
This article examines violence in legalized brothels in Nevada. Debates over prostitution policies in the United States have long focused on questions of safety and risk. These discourses inevitably invoke the coupling of violence and prostitution, though systematic examinations of the relationship between the two are sparse. This article explores the issue of violence in the Nevada brothel industry. By drawing on interviews with prostitutes, managers, and policy makers, this article examines both prostitutes' perceptions of safety and risk and brothel managers' practices designed to mitigate violence. Discourses relate to three types of violence: interpersonal violence against prostitutes, violence against community order, and sexually transmitted diseases as violence. The authors conclude by arguing that the legalization of prostitution brings a level of public scrutiny, official regulation, and bureaucratization to brothels that decreases the risk of these 3 types of systematic violence. (PsycINFO Database Record (c) 2012 APA, all rights reserved). (journal abstract).

Busza, Joanna. "Having the Rug Pulled from Under Your Feet: One Project's Experience of the US Policy Reversal on Sex Work." Health policy and planning 21.4 (2006): 329-32.
After the election of President George W Bush in 2000, US government policy toward sexual and reproductive health changed dramatically. In May 2003, the Global AIDS Act was passed and prohibits allocation of US government funds to organizations that 'promote or advocate' legalization and practice of prostitution and sex trafficking. There are few documented examples of early impacts of this policy reversal on USAID-funded programmes already working with sex worker communities. This paper offers an anecdotal account of one programme in Cambodia that found itself caught in the ideological cross-fire of US politics, and describes consequent negative effects on the project's ability to offer appropriate and effective HIV prevention services to vulnerable migrant sex workers.;.

Grenz, Sabine. "[Review of the Politics of Prostitution. Women's Movements, Democratic States and the Globalisation of Sex Commerce and Not for Sale. Feminists Resisting Prostitution and Pornography]." Sexualities 9.2 (2006): 256-9.
Reviews the books, The Politics of Prostitution. Women's Movements, Democratic States and the Globalisation of Sex Commerce edited by Joyce Outshoorn (2004); and Not for Sale. Feminists Resisting Prostitution and Pornography edited by Christine Stark and Rebecca Whisnant (2004). Both books share prostitution as their main subject, but each of them has a very different perspective. Whereas Stark and Whisnant write from an activist point of view, campaigning against prostitution, the authors in the volume edited by Outshoorn take prostitution policies as an example in order to investigate, whether femocrats have been successful. Outshoorn's anthology is a comparative study of changes in prostitution policies within various western countries. Each article is divided into three parts, each of which discusses one major parliamentary debate (debates that actually led to changes). These subsections are again subdivided into a regular scheme. All of them investigate how the issue came to the political agenda and, then, what the dominant frame of the debate was. The third aspect, how the debate was gendered, is followed by a review of the policy outcomes. The impact of the women's movement forms the basis for the fifth subsection, while the sixth looks at the activities of the women's policy agency. The last two subsections consider the characteristics of the women's movement and investigate the policy environment. Whisnant and Stark's collection takes a clear stance against prostitution and its decriminalization. The book is divided into three parts. The first part, titled 'Understanding Systems of Prostitution' provides an overview of what the editors see as the negative aspects of prostitution. The second part is called 'Resisting the Sexual New World Order'. Here articles discuss topics such as the connections between prostitution and globalization, the co-operation of unions with the sex-industry, the sexism of pro-prostitution activists and other 'sex-positivists', and the silencing of voices against sexual exploitation. Articles in the third part titled 'Surviving, Conceiving, Confronting' investigate, for example, the spread of prostitution both locally and globally, and the harm of mainstream heterosexual as well as lesbian and gay pornography to women and men. It is very interesting to consider Whisnant and Stark's collection within the context of Outshoorn's edition. Quite naturally it raises the question, whether it is just accidental that a book campaigning so strongly against prostitution and the prostitutes' rights movement was mainly written in the USA (the only country within the 11 investigated in Outshoorn's anthology, where prostitution is still mainly illegal). It seems that the authors have chosen to fight legalization of prostitution in the United States, before it might be 'too late', that is before it might be decriminalized as is already the case in many other countries. (PsycINFO Database Record (c) 2012 APA, all rights reserved). (journal abstract).

Hayes-Smith, Rebecca, and Zahra Shekarkhar. "Why is Prostitution Criminalized? an Alternative Viewpoint on the Construction of Sex Work." Contemporary Justice Review 13.1 (2010): 43-55.
Prostitution/sex work remains criminalized in most areas of the United States. While it can be sufficiently argued that prostitution is a dangerous occupation, the assumptions that the criminal law are prefaced on are not necessarily substantiated with sufficient evidence. Alternative constructions of prostitution such as decriminalization or legalization are backed by more support and can be asserted to be more just or fair from a legal standpoint and a public health perspective. Throughout the course of this critical review the assumptions on which prostitution rests are examined, along with who is potentially advantaged by the current construction and the legal fictions of the current law. Finally, alternative constructions are addressed that could be advanced and argue for prostitution to no longer be criminalized. ABSTRACT FROM AUTHOR]; Copyright of Contemporary Justice Review is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

HOLMAN, MELISSA. "The Modern-Day Slave Trade: How the United States should Alter the Victims of Trafficking and Violence Protection Act in Order to Combat International Sex Trafficking More Effectively." Texas International Law Journal 44.1 (2008): 99-121.
The article focuses on the issues concerning the legalization of prostitution and sex trafficking in the U.S. It reflects that any states that practice legalized sex trafficking are condoning violence against women since they are in regulated prostitution system, women can still suffer violence and mental abuse. In connection, the article also provides information on the scope of international sex trafficking.

Lentz, S. A., and B. G. Stitt. "Women as Victims in 'Victimless Crimes:' the Case of Prostitution." Journal of Contemporary Criminal Justice 12.2 (1996): 173-86.
Many scholars have argued that women involved in prostitution are victims (Barry, 1979; Flowers, 1987; James, 1978; Baldwin, 1993). Feminists argue that women involved in prostitution are victimized in numerous ways, but most directly by the demeaning acts they perform, and as 'victims of coercion in a society that services men by objectifying and subordinating women' (Freeman, 1989). According to James, the prostitute is 'seen as a victim because of her lifestyle, her immorality or degradation or the presumption that she is exploited by pimps or others.' Radical feminists say that prostitution furthers the victimization of all women as a diminished and exploited underclass; however, within feminist scholarship, there is division over how to end such victimization, particularly whether decriminalization or legalization will diminish victimization. There is, in addition, an issue that is rarely explicitly addressed in these discussions: what exactly constitutes victimization? More recently, feminist scholars have reinvigorated and refocused the debate. They have confronted the definition of both consent and harm and challenged existing views. Under Stitt's definition of harm, it is evident that prostitution involves broadly based primary and secondary harms to the prostitute and her family. Some of these harms are exacerbated by the criminalization of prostitution. Moreover, the legalization or decriminalization of prostitution does not necessarily eliminate such harms. Although the radical feminist would focus on the harms of oppression, subjection, and objectification that impact all women, all feminists would perhaps agree that underlying the harms in prostitution is a value or belief system that must be changed. 31 references.

Liberto, Hallie Rose. "Normalizing Prostitution Versus Normalizing the Alienability of Sexual Rights: A Response to Scott A. Anderson." Ethics 120.1 (2009): 138-45.
The article offers the author's reaction to the essay of author Scott A. Anderson who comments that the normalization and legalization of prostitution in the U.S. lessen sexual autonomy. The author stresses that Anderson supports the radical feminists in the fight against the legalization and normalization of prostitution. She opposes to the view of Anderson by giving two types of prostitution.

May, David C. "Tolerance of Nonconformity and its Effect on Attitudes Toward the Legalization of Prostitution: A Multivariate Analysis." Deviant Behavior 20.4 (1999): 335-58.
Provides an in-depth examination of public support for legalization of one of the oldest mala prohibita (victimless crime) acts, prostitution. Using a sample of over 1,500 18+ yr olds from throughout the United States, this study examines public opinion toward legalization of prostitution in the United States in an attempt to determine demographic and attitudinal predictors of support for legalization of prostitution in the United States. The results from this study indicate that a substantial minority of Americans (18%) favor legalization of prostitution. Furthermore, there are demographic differences that affect attitudes toward legalization as well, as men, Catholics, residents from the western states, and Whites are more likely to favor legalization of prostitution than their counterparts. Moreover, age has a positive relationship with attitudes toward legalization of prostitution as well. Finally, this study also indicates that there are attitudinal determinants of public opinion, as those individuals who are more tolerant toward what many perceive as a deviant behavior, gambling, are also more likely to favor legalization of prostitution. (PsycINFO Database Record (c) 2012 APA, all rights reserved).

Miller, Coty R., and Nuria Haltianger. "Prostitution and the Legalizati0n/ Decriminalization Debate." Georgetown Journal of Gender & the Law 5.1 (2004): 207-42.
The article presents information on prostitution and the legalization/ decriminalization debate. While the law on prostitution has not achieved precise uniformity among the states, the vast body of prohibitions reinforces the idea that the widespread legalization and regulation of prostitution is unlikely to occur in the near future. However, it is useful to examine the legalization/decriminalization debate presently taking place in this country and elsewhere around the world. Although some variations exist, the present state of prostitution law within the United States criminalizes prostitution, as well as activities related to it, such as solicitation, pimping, and pandering. Both state and federal statutes and accompanying cases are aimed at eliminating prostitution, and most particularly coerced prostitution of minors. Although the statutes on the books criminalizing prostitution and prostitution-related activities now generally disregard the gender of participants, the disparate impact in enforcement and prosecution of the laws, along gender lines, still worry many critics that advocate legalization or decriminalization.

Post, Diane. "Legalization of Prostitution is a Violation of Human Rights." National Lawyers Guild Review 68.2 (2011): 65-108.
The article discusses issues concerning legalized prostitution, particularly in the U.S. It claims that prostitution is among the most serious human rights violations in the world. Trafficking expert and activist Gunilla Eckberg said that trafficking and prostitution of women and girls is among the fastest growing businesses around the world. It states that the legalization of prostitution violates the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).

Raymond, J. G. "Ten Reasons for Not Legalizing Prostitution and a Legal Response to the Demand for Prostitution." Journal of Trauma Practice 2.3 (2003): 315-32.
Since the mid-1980s, the debate about how to address prostitution legally has become a subject of legislative action. Some countries in Europe, most notably the Netherlands and Germany among others, have legalized and/or decriminalized systems of prostitution, which includes decriminalizing pimps, brothels and buyers, also known as "customers or johns." Other governments, such as Thailand, legally prohibit prostitution activities and enterprises but in reality tolerate brothels and the buying of women for commercial sexual exploitation, especially in its sex tourism industry. Sweden, has taken a different legal approach-penalizing the buyers while at the same time decriminalizing the women in prostitution. This article offers ten arguments for not legalizing prostitution. These arguments apply to all state-sponsored forms of prostitution, including but not limited to full-scale legislation of brothels and pimping, decriminalization of the sex industry, regulating prostitution by laws such as registering or mandating health checks for women in prostitution, or any system in which prostitution is recognized as "sex work" or advocated as an employment choice. This essay reviews the ways in which legitimizing prostitution as work makes the harm of prostitution to women invisible, expands the sex industry, and does not empower the women in prostitution. What happens when prostitution is treated as "sex work" rather than when it is treated as sexual exploitation and violence against women? What happens when a country such as Sweden rejects legalization and addresses the demand for prostitution?.

Rio, L. M. "Psychological and Sociological Research and the Decriminalization Or Legalization of Prostitution." Archives of Sexual Behavior 20.2 (1991): 205-18.
In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.;.

Satz, Debra. "Markets in Women's Sexual Labor." Ethics 106.1 (1995): 63.
Studies various economic approaches that spell out the faults of prostitution. Speculation on the correctness of prostitution; Definition of prostitute; Questioning of the legalization of prostitution; Conclusion.

Scibelli, Pasqua. "Empowering Prostitutes: A Proposal for International Legal Reform." Harvard Women's Law Journal 1 (1987): 117-57.
The author argues that decriminalization and deregulation are necessary to give prostitutes control over their lives. Without fear of criminal sanctions or public reprisal, prostitutes can organize to demand police protection and to control their own working conditions. Only legalization and deregulation of prostitution can end the particular oppression they suffer. The article analyzes three different legal approaches to prostitution: prohibitionism, regulation, abolitionism. The author illustrates the shortcomings of each regime and concludes that the abolitionist regime is the most desirable form of dealing with prostitution. This conclusion is reached by examining the present legal context of prostitution in three countries: the United States, Thailand, and France. The article is divided into three sections. The first section covers prostitution under prohibitionism in the United States and Thailand, discussing the current status of prostitutes in the United States and Thailand and the laws governing them, arguments for criminalizing prostitution and why those arguments fail, and certain feminist critiques of prostitution. The second section considers regulation as an alternative to criminalization. Regulation is examined as it exists in Nevada and certain European countries, including pre-abolitionist France, and shows how it fails to protect prostitutes' rights. The third section examines prostitution in France and discusses the legal system and realities of he abolitionist regime in France, the events in and the significance of the 1975 prostitutes' uprising, and the aftermath of the 1975 uprising. (Copyright applies to all Abstracts.).

Shumsky, Neil Larry. "Tacit Acceptance: Respectable Americans and Segregated Prostitution, 1870-1910." Journal of Social History 19.4 (1986): 665.
Provides insights into the effort to experiment with the informal legalization of prostitution in the U.S. Distinction between the historical study of prostitution and the historical study of the red light district; Factors which led to the regulation of prostitution; Restriction of the red light district.

Vogel, Ronald E., and Reed Adams. "Effects of Prostitution: An Urban Population Responds." American Journal of Criminal Justice 11.1 (1986): 1.
The article discusses a study which examined community perceptions about the legalization of prostitution in a large southern community in the U.S. using a random digit dialing technique. Prostitutes were interviewed by the authors to get their views on how they helped individuals and society. It was found that 32 percent of respondents favored the legalization of prostitution. Among the benefits of prostitution cited were the prevention of sex crimes and the provision of comfort and satisfaction to some individuals.