Tuesday, January 20, 2009

Supporting prostitution?

My dear friend goldenrail volunteered at a prostitution recovery program last year.  As I thought about what she was doing, it occurred to me that it was possible that she was unwittingly supporting prostitution. 

Becoming a prostitute has certain benefits and costs.  One benefit is the potential to earn money quickly.  Costs include safety, health, and social stigma.  By working for a program that helps women transition from their life on the street to a normal life, you are helping to lower the cost of going into the prostitution profession.

She quickly pointed out that it was unlikely that anyone entered prostitution directly because of her choice to volunteer.  Surely, she must be correct.  Her effect on the potential prostitutes is probably is not perceivable by someone initially considering whether to become a prostitute in the first place.  Even if her effect was perceivable by a potential prostitute, her effect in helping women in isolation would likely be such a small factor compared to all the factors one must consider before becoming a prostitute.  Thus, her volunteering is unlikely to be the deciding factor in any woman’s choice.  Both points are very well taken.

Although I basically agree with the above two premises of hers, and her argument is strong, I still believe she promotes prostitution at the end of the day.  When considering the effect one has on potential prostitutes, one has to consider the aggregate effects.  That is to say, although her acts in isolation do not cause people to become prostitutes, when you consider the acts of all the volunteers at all locations that support recovering prostitutes, their combined effect is likely tremendous. Without any volunteers, I’d imagine some centers for women would not be able to operate.  With volunteers, you have programs, and the costs of prostitution lowers significantly.

My analysis on her effect on prostitution is essentially similar to the aggregation principle articulated by our Supreme Court in Wickard v. Filburn, 317 U.S. 111 (1942) or more recently in Gonzales v. Raich, 545 U.S. 1 (2005).  My argument is similar to the way our legal system considers the aggregate effects of an action in deciding whether an action affects commerce for purposes of the Commerce Clause of our Constitution.  In short, all the little acts add up and have a big effect.What do you think?

Wednesday, January 7, 2009

CA case law free on Lexis

While surfing the CA courts site, I learned that the state is now providing free access to its case law through Lexis. Usually, access to Lexis costs a ton of money. This offering is huge in terms of people having open access to the law.

There are some limitations. For instance, only published cases are available. It costs money to Shepardize but it at least shows you the warning icons so you have some idea whether the case law is good. Overall, this is an excellent development. Case law should be free and available to all. Now you all have a way to research all of the CA citations I plan to use in the future. :-)

I've put a link to the CA courts Lexis page on my sidebar for easy access.

Monday, January 5, 2009

Perhaps a new blog direction

In the past, I've always used my blog just for fun. I've written about topics that I was interested in or just about life in general. Most recently, I used it to help me get through studying for the bar exam. Now that I've passed the bar and am working, I have less time than I had in law school, undergrad, or even studying for the bar. Granted life is much better and enjoyable with the bar exam behind me.

It's become harder to keep in good contact with all the people that I'd like. I've been barely squeezing in time for the people I love and care about greatly. Thus, I'm starting to look at different ways to proceed with this blog.

One idea is to use it mostly to keep in touch with people. One to many communication. Thus, I can keep many people abreast of what's happening in my life without having to write much of the same to each person. Another idea is to use this blog to highlight interesting facts I learn about the law from my job. For instance, in California, did you know you can be legally pulled over for hanging a common small tree shaped air freshener from your car's rear view mirror? (See People v. Colbert (2007) 157 Cal.App.4th 1068).

For the short term, it will be a random mix. In any case, I'm back and glad to be back.