Julie Hörnle, Countering the Dangers of Online Pornography – Shrewd Regulation of Lewd Content? (October 1, 2010). Queen Mary School of Law Legal Studies Research Paper No. 65/2010. Available at SSRN: http://ssrn.com/abstract=1686136
“This Article will detail how the UK has responded to the greater risks posed by illegal online content by successively extending the reach of the substantive criminal laws and by taking preventative measures. It will focus on the example of laws on obscene content on the internet and associated online behaviour and in particular on the ‘grooming’ offences, the law on extreme pornography and virtual child abuse images. An assessment of these offences against the ‘harm principle’ is made and while the internet’s role in facilitating such offences is acknowledged, the article argues that in some respect the legislation has overshot the mark.”
- Posted: 11/15/2010
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- Category: Global: Miscellaneous
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- Source: ssrn.com
- Tags: Global: Miscellaneous, Topic: Internet, Topic: Legal Periodicals, Topic: Pornography
Two Nations, One Web: Comparative Legal Approaches to Pornographic Obscenity by the United States and the United Kingdom
William T. Goldberg, 90 B.U. L. Rev. 2121 (2010)
“Modern American obscenity law has developed over a period of approximately fifty years. The foundation of the law is built around a single test, the ‘community standards test,’ which tasks a trier of fact with gauging whether given materials would be considered obscene by the standards of the average member of the community in which they are made available. If that trier of fact deems those materials obscene, then the producer or distributor of such materials may face fines or imprisonment. The application of the community standards test has been refined, but never fully clarified. Thus, questions debated at the test’s first official implementation by the Supreme Court in the 1950s are still in question today: What types of materials actually fall within the scope of obscenity? What is the proper definition of the ‘community’ from which we should draw our standards? What role should individual privacy rights play? How do political pressures impact the application of obscenity laws? More recently, how should this standard apply following technological advances, like the internet, which have expanded the volume and variety of potential obscenity available in any given place at any given moment? This Note examines the underlying issues in U.S. obscenity law that raise these questions, yet primarily focuses on the impact of the internet on modern obscenity law in the United States and the United Kingdom.
Part One examines these basic questions and explores their complexities. Part Two introduces and examines recent changes in U.K. law that address many of these same questions. Effective in 2009, the Criminal Justice and Immigration Act 2008 sharpened the United Kingdom’s definition of obscenity by imposing a strict liability offense for possession of ‘extreme pornography.’ Until this change, U.K. and U.S. obscenity laws were very similar, but this new Act imposes greater individual responsibility on consumers of such depictions, and also provides a far more precise definition of the prohibited materials. Part Three attempts to reconcile the tensions in U.S. law with the changes in U.K. law. The discussion focuses on the divergence in the laws and the consequence, if any, such divergence could, or should, have on American obscenity law.”
- Posted: 11/01/2010
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- Category: Global: Miscellaneous
- Tags: Category: Global, Country: United Kingdom, Global: Miscellaneous, Topic: Legal Periodicals, Topic: Obscenity, Topic: Pornography
New York Times: “The Chinese government plans a further reduction, of up to 30 percent, next year in its quotas for exports of rare earth minerals, in an attempt to conserve dwindling reserves of the materials, the official newspaper China Daily said Tuesday.”
Wall Street Journal Editorial, “China’s Rare Earths Gambit” [full text via Google News]: “If this continues over the next few years, it will put big multinationals in a bind: Either move high-value production processes to China, or get out of certain lucrative businesses. Beijing has always driven a hard bargain with foreign firms, using the allure of its giant domestic market to force technology transfers. Rare earths represent an even bigger crowbar with which to pry out Western corporate trade secrets.”
Related: Chinese monopoly on rare earth elements poses grave danger
- Posted: 10/19/2010
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- Category: Global: Miscellaneous
- Tags: Category: Global, Country: China, Global: Miscellaneous, Topic: Economy, Topic: Military
Pat Buchanan writing at Townhall: “Is Europe’s adventure in international living about to end? . . . Across Europe, there is a resurgence of ethnonationalism that is feeding the ranks of populist and anti-immigrant parties that are gaining respectability and reaching for power . . . But the awakening of Europe’s establishment to the shallow roots of multiculturalism will likely prove frustrating and futile . . . For not one European nation, save Iceland and Albania, has had a birth rate for decades that is not below zero population growth.”
- Posted: 10/19/2010
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- Category: Global: Miscellaneous
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- Source: townhall.com
- Tags: Category: Global, Country: European Union, Country: Germany, Global: Miscellaneous, Topic: Culture, Topic: Immigration, Topic: Islam, Topic: Socialism
Daniel Ikenson writing at Cato @ Liberty: “The Chinese currency issue is in full bloom this week, as the House of Representatives passed the Currency Reform for Fair Trade Act of 2010 by a vote of 348-79 on Wednesday. Though there is so much to criticize about the bill and about the layers upon layers of misinformation, myth, and subterfuge that brought us to this point, this post concerns the dubiousness of the bill’s central premise: that Yuan appreciation will significantly reduce the bilateral trade deficit.”
- Posted: 10/08/2010
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- Category: Global: Miscellaneous
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- Source: www.cato-at-liberty.org
- Tags: Category: Global, Country: China, Global: Miscellaneous, Topic: Congress, Topic: Economics, Topic: Economy, Topic: Legislation
Shawn Ambrosino writing at Townhall: “But over the past couple of decades – as more and more businesses deferred their production to the cheaper, overseas work-force – China has slowly gained more and more control over this market, till last year, they produced over 97% of the world’s supply or Rare Earth elements . . . Rare Earth metals are vital for many of our defensive entities, used in such things as the magnets that help direct the fins on our smart bombs to the silencing the whir of the blades on some of our combat helicopters.”
- Posted: 10/05/2010
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- Category: Global: Miscellaneous
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- Source: townhall.com
- Tags: Category: Global, Country: China, Global: Miscellaneous, Topic: Economy, Topic: Military
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