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Links 1 through 10 of 107 by Viviane Tang tagged legal

A ban on brothels puts prostitutes at risk and is unconstitutional, Ontario’s top court ruled Monday, in a case that is expected to be appealed to Canada’s top court and have ramifications for the country at large.

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On Friday 6 January 2012, a historic case came to a conclusion in Courtroom 7 of Southwark Crown Court. Michael Peacock was unanimously acquitted, after a four-day trial that saw the outdated obscenity law of England and Wales in the dock...Peacock had been charged under the Obscene Publications Act 1959 for allegedly distributing ‘obscene’ ‘gay’ DVDs, which featured fisting, urolagnia (‘watersports’) and BDSM.

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[Ed. note: For this question, I turned it over to my legal expert, Davis from Sexquire.] So what does all of this litigation mean to sex shop clerks? First, unless you are in Alabama, you have no reason to fear being arrested on obscenity charges for providing sex education about or selling these products as other than novelties.

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In a case of first impression in New York, a Brooklyn appellate panel has held that temporary files automatically "cached" by an Internet browser may serve as evidence of promoting and possessing child pornography...The Appellate Division, 2nd Department, looked at similar cases from other jurisdictions and concluded that their "consistent thread" was the need to distinguish "inadvertent" acquisition and possession of child pornography from "knowing" and "intentional" acquisition and possession.

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U.S. District Judge Virginia Phillips' permanent worldwide injunction -- praised by gay rights organizations -- orders the military "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under the "don't ask, don't tell" policy.

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The producers have targeted users who downloaded titles that prominently feature transsexuals and “barely legal” 18-year old girls. Since the lawsuits are on public record, the defendants’ porn-viewing habits would be exposed.

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The outlook for the legal defense of Proposition 8, California's ban on same-sex marriage, grew cloudier Thursday as a state appellate court refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge's ruling overturning the measure.

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On Thursday, a state appellate court in Sacramento without comment refused to order Schwarzenegger and Brown to appeal a federal judge’s ruling overturning the measure.

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Prosecutors' failure to disclose that hypnosis was used to help a witness recover memories of alleged sex abuse as a child does not invalidate a defendant's guilty plea, a federal appeals court ruled yesterday...The 2nd U.S. Circuit Court of Appeals yesterday refused to grant the habeas petition sought by Jesse Friedman, who was seeking to undo his 1988 guilty plea in a molestation case that rocked Nassau County, N.Y., and became the subject of the documentary "Capturing the Friedmans."...
But while they denied relief, Eastern District Judge Edward Korman, sitting by designation, and 2nd Circuit Judge Rosemary Pooler, denounced the investigation of the case, criticizing the behavior of detectives for pressuring students in Great Neck to implicate Jesse Friedman and his father, Arnold Friedman, and criticizing the performance of then Nassau County Court Judge Abbey Boklan.

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This annotated bibliography is published at 19 Yale Journal of Law and Feminism 449 (2008). It is a comprehensive collection of law review articles, and selected other materials, relevant to lesbian, gay, bisexual, transgendered, and questioning youth. These "queer kids" - minors between the ages of ten and twenty who are perceived as being gender or sexuality nonconforming - are the most endangered and underserved adolescent population in the United States. They face danger in their homes, schools, and the juvenile justice system. Their ability to protect themselves is compromised by discrimination and by their status as minors. Intended as a resource for scholars, policymakers, and practitioners, this bibliography collects, discusses, and organizes legal scholarship, selected reports and studies, and influential personal narratives from queer kids.

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