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Full-Text Articles in Law
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article traces the history of the child pornography laws and sentencing policy in Part I. Part II explains the technologies that have caused some of the current controversies, and then Part III describes how these technologies have blurred the offenses. Finally, Part IV makes suggestions as to how the law could better reflect technology and comport with a refined harm rationale. Courts, legal scholars, and medical experts have explained the harm includes the sexual abuse captured in the images and the psychological injury the victim endures knowing the images are being viewed. This Article further develops the harm rationale …
Protecting Children On The Internet: Mission Impossible?, Audrey Rogers
Protecting Children On The Internet: Mission Impossible?, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article posits that the Williams Court properly upheld Congress' shift in focus from the images to the speech pandering them. The majority ruled that the inability to complete a crime because of a factual error is not a defense. Its reasoning should lay to rest lingering claims that child protection statutes require an actual child. Nevertheless, the Article explains that the Williams dissent essentially relied on legal impossibility in its finding that the PROTECT Act's pandering provision was unconstitutionally overbroad. In so doing, the dissent reflects the reluctance of many to accept the extent to which adults are seeking …
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article considers the Supreme Court's suggestion and recommends a mechanism to regulate the virtual pornography market in a manner that balances the rights of virtual pornographers with the prosecution of actual child pornographers. Part II traces the events leading up to the Free Speech decision, commencing with the enactment of the Child Pornography Prevention Act of 1996 (CPPA). Part III discusses the Free Speech opinion and the post-Free Speech cases. Part IV examines the PROTECT Act--the legislative response to the Supreme Court's decision. Part V concludes that regulation of the virtual pornography industry is the most effective method of …
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article analyzes how current U.S. criminal law addresses the problem of securing a homicide conviction where multiple defendants are accused in a child's non-accidental death. Part III sets forth the English response: a statute that includes (1) a new substantive crime; (2) a permissible negative inference against a defendant who fails to account for the non-accidental death of a child for whom he or she is responsible; and (3) delay of a motion to dismiss for failure to establish a prima facie case until after the defense has been presented or the jury has been allowed to draw the …
Child Witnesses And Procedural Fairness, Bennett L. Gershman
Child Witnesses And Procedural Fairness, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Professor Gershman's Article notes that courts and lawmakers have changed procedural and evidentiary rules to protect child witnesses in child sexual abuse cases. Gershman discusses how courts apply the changed rules with careful scrutiny in an effort to ensure that the interests of the child witness and the accused defendant are appropriately balanced.