Thieid Prostitutions: A Formal Analysis

Facts: Plaintiffs Carl and Elaine Miles, owners and impresarios of “Blackie, The Talking Cat” brought a lawsuit in U.S. District Court for the S.D. Georgia, challenging the constitutionality of the Augusta, GA, Business License Ordinance. They complained that the ordinance was inapplicable in their case “accepting contributions from pedestrian in the downtown Augusta area, who wanted to hear the cat speak “and that the ordinance violates the rights of speech. The Plaintiffs attacked the ordinance as being unconstitutional and overbroad in contravention of the due process clauses of the Fourteenth Amendment.

In “from Tinker v. Des Moines Independent Community School District” by Justice Abe Fortas, the Supreme Court creates a strong argument against the disruption of the black armbands. When discussing this argument the author uses a strong expression of logical evidence and a great variety of diction. In “Supreme Court Landmark Series: Tinker v. Des Moines,” an interview with law professor Catherine Ross, more empirical evidence is presented and the wide range of diction and syntax is not presented as advanced as it was in the first article.

The plaintiff, Plessy was criminally liable under the separate but equal statute for using facilities designated for a different race. He was thus found guilty under the fact that the statute reasonably exercised the state police powers with regard to the state’s tradition, usage, and custom. Plessy, thus filed a petition against Justice Ferguson for writs of prohibition and certiorari in the Louisiana Supreme Court on the

The main body of the essay begins by presenting instances in which the pre-1937 government protected business interests rather than those of the people. Businessmen like Henry Ford benefitted from prohibition because it kept their workers sober and consequently more productive. The founding of the United States was not free from criticism either. The constitution included protections for the slave-based economy of the South and the National Bank was created in order to support the new government which was floundering in debt incurred during the Revolutionary War. The author argued that the United States itself was created in order to provide a unified financial framework which would make paying the debt easier. The author then proceeded to explain the effects of the New Deal, which created a framework that allowed “the government to focus on its people and their civil rights.” The author included two paragraphs which described the change in policy that the government experienced post 1937. Before the essay concluded, the author attempted to address the argument that the Revolution of 1937 overextended the government by making it too inclusive, with Japanese internment as the primary evidence for this. The author refuted this argument by saying

The following case analysis seeks to examine the Supreme Court’s decisions in Racine v. Woods, [1983] 2 S.C.R. 173, in regard to the legal questions, basis of reasoning, as well as the cultural implications.

In Roger B. Taney's decision in the 1837 Charles River Bridge Case, business was overruled by the rights of the community and the individual, or was it? State's right intervention in commerce was set as a precedent by Taney’s decision despite is claim of support for the liberties of

In the four decades between 1897 and 1937, the Supreme Court employed a rigorous form of judicial review to strike down a wide range of statutes that were said to have violated individuals’ “freedom of contract.” The Court’s review of regulatory legislation during this period, known as the Lochner Era, relied on liberty of contract arguments first developed in a series of decisions in the 1890s. In Lochner, the Court held that a New York statute regulating the hours bakery employees could work unduly interfered with their liberty of contract, a right the Lochner Court said was inherent in the Fourteenth Amendment’s Due Process Clause. The decision was the genesis of a forty-year period in which the Court vigorously invalidated a wide range of state economic regulations on substantive due process grounds.

They manipulated relief benefits so that poor whites were often denied payments and pushed out of the county so that they could keep in blacks who would work for starvation rates; they manipulated higher property taxes for blacks and lower taxes for themselves which resulted in the black community virtually paying for the entire school system; the decision to not sell life insurance to blacks was made by these men; and finally they held in their hands the decision of what was to be done to the men responsible for Armstrong Todd’s death (Campbell: 109). It is evident that the men belonging to the legacy of the Honorable Men of Hopewell were undoubtedly the most powerful body of all decisions made making them the power elite.

Abel, Gillian, et al. Taking the crime out of sex work: New Zealand sex workers fight for decriminalisation. Policy Press, 2010. Part two: Implementation and impact of the Prostitution Reform Act (2003): the first five years: Review of the PRA

Claire E. Sterk, the author of the article of “Fieldwork on Prostitution in the Era of Aids”

Prostitution, sometimes referred to as “the world’s oldest profession” (Henslin, pg. 54), is defined by James M. Henslin as “the renting of one’s body for sexual purposes” (pg. 54). This arrangement, though illegal and socially deviant in most parts of the world, exists universally in many different forms (pg. 54). As a matter of fact, types of prostitutes range greatly in variety from call girls – who are said to be “the elite of prostitutes” (pg. 58), to streetwalkers – “who have the lowest status among prostitutes” (pg. 58), to sugar babies -young, physically attractive women who provide “rich, older men” (Kitchener, par.4) “…with attention (and sex) in exchange for the finer things in life” (par. 4).

There are many sociological theories that can be used to explain prostitution in modern society. Two such theories are functionalism and symbolic interaction. Many people feel that prostitution may be an immoral act however, from a functionalist perspective there are social needs that are being filled through prostitution. Both social actors are gaining through the engagement of prostitution. Another sociological perspective; symbolic interactionism; focuses on the interaction that occurs between social actors. The labeling theory of symbolic interaction states that a prostitute is deviant only because he/she is labeled as such.

Throughout America and the entire world, prostitution flourishes. Prostitution is another never ending war like abortion, which society feels is immoral. This immorality leads functionalists, who apply functionalism to this social problem, on a chase to figure out why prostitution is what it is today. Functionalism is the best theory for looking at prostitution. It allows us to see how prostitution changes along with other aspects of society.

Furthermore, Degler maintains that proof of this fundamental change of the American psyche can be found in the permanence of some of the New Deal programs. He contends that in the 1950s the first Republican administration after the depression under Dwight Eisenhower did not turn back the reforms of the New Deal. Banking regulation, the TVA, SEC, and Social Security, among other programs are still in existence today and have become part of the American way of life. Still today, no political party aspiring to gain high office dares to repeal them.vi Leuchtenburg agrees with this point and suggests that the New Deal “altered the character of the State of America” vii

Before I entered this class, my imagination about what sociology is wasn’t of what it came to be after this class ended. First of all, before coming to this class, I didn’t know that prostitution was a social problem. I understand that being a prostitute is a sin, however I don’t think that a person should be punished by a society for being a prostitute. In other words, I thought that if a person is making money on his or her own body, it wouldn’t be a societal problem. Coming in this class, I have the knowledge that gay, lesbians or any other sexual orientation that isn’t heterosexuality was something that only exists in one’s mind and that if a person want to change their sexual orientation, he or she could. Therefore, in this class, after learning about sexual orientation, I accepted that people are born different and as society we should all accept that. Sexual orientation somehow I feel should require more large-scale intervention. In a lot places, LGBT people are discriminated. If God only created female and a male and that they only should be attracted to each other, let him only judge those whose feelings are different from what the bible states.