Word: dworkin
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Dates: during 1990-1999
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...authors of the Massachusetts bill are the odd couple of American feminism. Michigan law professor Catharine MacKinnon is sleek and stylishly dressed-for-success. Writer Andrea Dworkin (Pornography: Men Possessing Women and Intercourse), with her tousled hair and overalls-and-T-shirt decor, looks like a radical from...
...A.C.L.U. opposes the Massachusetts initiative for much the same reason it argued against previous MacKinnon-Dworkin bills. Pornography no doubt causes harm, says Burt Neuborne, the union's former national legal director. But to suppress it, under First Amendment rules, "you have to show, in addition to the harm, that there is no other societal way of dealing with a problem than censorship. Here, the current bills fail...
MacKinnon, Dworkin and the A.C.L.U. all have qualms about the Senate's so- called Bundy bill, although for different reasons. The two feminists contend that since the proposed legislation narrowly bans only "obscenity" -- which is not protected by the First Amendment, courts have ruled -- this restriction may prove to be legally counterproductive. "If pornography is excessively violent," Dworkin explains, "very often a jury will find that it's not obscene because it's not sexually arousing...
MacKinnon and Dworkin believe theirs is an idea whose time has come at last. As evidence, they can cite last month's unanimous ruling by Canada's Supreme Court -- endorsing MacKinnon's argument -- that pornography harmful to women can be outlawed even though freedom of expression is infringed. Cass Sunstein, a professor of constitutional law at the University of Chicago, notes that the courts have carved out numerous exceptions to the First Amendment; for example, it does not protect bribes, fraud, threats or conspiracy...
...perfectly fine -- and normal -- for a mentor to say to a man, 'Let's have a drink, or play golf, and talk about that promotion,' it's harder for a mentor to do that with a woman outside strict business hours without incurring some legal risk," notes Terry Morehead Dworkin, a business-law professor at Indiana University. One solution, of course, is for more women to be in the position to promote younger women, but in many corporations that day is still...