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Full-Text Articles in Law
Punishing Sexual Fantasy, Andrew Gilden
Punishing Sexual Fantasy, Andrew Gilden
William & Mary Law Review
The Internet has created unprecedented opportunities for adults and teenagers to explore their sexual identities, but it has also created new ways for the law to monitor and punish a diverse range of taboo sexual communication. A young mother loses custody of her two children due to sexually explicit Facebook conversations. A teenager is prosecuted for child pornography crimes after sending a naked selfie to her teenage boyfriend. An NYPD officer is convicted for conspiracy to kidnap several women based on conversations he had on a “dark fetish” fantasy website. In each of these cases, online sexual exploration and fantasy …
Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan
Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan
William & Mary Bill of Rights Journal
Stanley v. Illinois is one of the Supreme Courts more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this decision. …