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Full-Text Articles in Law
A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young
A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young
Washington Journal of Law, Technology & Arts
Real-time information technology facilitates more efficient channels of communication. As communication becomes nearly instantaneous and further reaching, it seems probable that more expression will fall within the scope of cyberharassment and cyberstalking laws. Attorneys who represent clients indicted on such criminal charges need to familiarize themselves with possible defenses. This Article suggests invoking the overbreadth doctrine to exonerate a client who is charged with violating the federal cyberstalking statute.
Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy And Criminal Hiv Exposure Laws In The Workplace, Chelsey Heindel
Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy And Criminal Hiv Exposure Laws In The Workplace, Chelsey Heindel
Washington Journal of Law, Technology & Arts
In 1988, the Washington Legislature classified intentionally exposing individuals to the human immunodeficiency virus (HIV) as criminal assault in the first degree. Lawmakers intended to penalize infected individuals without conditioning criminal liability on actual HIV transmission. Since 1988, however, medical technologies and effective HIV treatment have rapidly advanced. Recent studies indicate that effective antiretroviral therapy (ART) can reduce HIV transmission risks to a virtual impossibility during moments of intentional exposure. Despite these medical advances, the 1988 exposure law remains unchanged. Consequently, individuals undergoing effective ART risk felony liability within the course of commonplace work conduct by intentionally exposing others to …
Controlling The Prosecution Of Bribery: Applying Corporate Law Principles To Define A "Foreign Official" In The Foreign Corrupt Practices Act, Kayla Feld
Washington Law Review
This Comment focuses on the debate surrounding the definition of an “instrumentality” within the Foreign Corrupt Practice Act’s (FCPA) “foreign official” provision. The FCPA prohibits bribery of “foreign officials” but provides little guidance as to the types of entities included within the meaning of an “instrumentality.” The Department of Justice construes this term broadly and therefore can aggressively prosecute alleged corruption. This Comment argues that courts should provide guidance on the definition of a “foreign official” within the meaning of the FCPA by applying principles of control drawn from corporate law. Such guidance would accomplish three important tasks. First, it …