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Full-Text Articles in Law

Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny Apr 2019

Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny

JoAnne Sweeny

No abstract provided.


Creating A More Dangerous Branch: How The United Kingdom’S Human Rights Act Has Empowered The Judiciary And Changed The Way The British Government Creates Law, Dr. Joanne Sweeny Apr 2019

Creating A More Dangerous Branch: How The United Kingdom’S Human Rights Act Has Empowered The Judiciary And Changed The Way The British Government Creates Law, Dr. Joanne Sweeny

JoAnne Sweeny

No abstract provided.


Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny Apr 2019

Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny

JoAnne Sweeny

No abstract provided.


Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny Apr 2019

Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny

JoAnne Sweeny

The media has recently been highlighting a rash of prosecutions of teenagers who engage in "sexting"--sending nude or sexually explicit images of themselves or their peers--under child pornography laws. These prosecutions have led to mass criticism for threatening teens with long prison terms and registration as sex offenders for activities that are perceived to be relatively innocent. Many, if not most, of these sexting teens are legally permitted to engage in sexual activities through their states' statutory rape laws, which leads to an absurd situation in which teens are permitted to engage in sex but not photograph it. This mismatch …


Breaking Through Gridlock To Protect Human Rights: The Case For A Congressional Human Rights Committee, Joanne Sweeny Apr 2019

Breaking Through Gridlock To Protect Human Rights: The Case For A Congressional Human Rights Committee, Joanne Sweeny

JoAnne Sweeny

Congressional gridlock does more than frustrate the populace; it has far-reaching effects, particularly for human rights abuses. From Ferguson, Missouri to Flint, Michigan, government abuses of power and civil rights violations increasingly concern those within the United States. Existing executive bodies, although able to investigate, lack the political power to force Congress to act to remedy these abuses and neither Congress nor state legislatures have offered any solutions. In response, activists have begun to approach international bodies such as the United Nations to voice their concerns, which has also allowed them to re-characterize their plights as human rights issues. If …


Undead Statutes: The Rise, Fall, And Continuing Uses Of Adultery And Fornication Criminal Laws, Joanne Sweeny Dr. Apr 2019

Undead Statutes: The Rise, Fall, And Continuing Uses Of Adultery And Fornication Criminal Laws, Joanne Sweeny Dr.

JoAnne Sweeny

Cohabitation is a reality for a majority of Americans. Nonmonogamous relationships are increasing over time, yet having a sexual relationship outside of marriage is illegal in a surprising number of states. Conservative groups or politicians also occasionally champion these laws, ensuring their longevity. This enduring conflict of values between the majority and a vocal minority is part of a cultural trend that has existed for centuries. From colonial times to the present, adultery and fornication laws have gone from being the most prolifically enforced to being virtually ignored by prosecutors and held to be unconstitutional invasions of privacy by judges. …