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University of Richmond

Legislation

2010

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Articles 1 - 2 of 2

Full-Text Articles in Law

Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through “Sexting”, Isaac A. Mcbeth May 2010

Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through “Sexting”, Isaac A. Mcbeth

Law Student Publications

This comment explores the possible scenarios in which sexting could give rise to prosecution under Protection of Children Against Sexual Exploitation Act of 1977 (“PCASEA”) for transporting, distributing, receiving, or possessing child pornography.2 Part II provides background information on the practice and prevalence of sexting. Part III discusses the definition of child pornography within the meaning of federal law and applies that definition to sexting. Part IV presents the concept of the transporting or shipping in interstate or foreign commerce jurisdictional hook and its potential relation to sexting. Part V applies the principles of statutory interpretation to the relevant provisions …


Partial Unconstitutionality, Kevin C. Walsh Jan 2010

Partial Unconstitutionality, Kevin C. Walsh

Law Faculty Publications

Courts often hold legislation unconstitutional, but nearly always only part of the statute offends. The problem of partial unconstitutionality is therefore pervasive and persistent. Yet the exclusive doctrinal tool for dealing with this problem--severability doctrine-is deeply flawed. To make matters worse, severability doctrine is purportedly necessary for any workable system of judicial review. The accepted view is that severance saves: A court faced with a partially unconstitutional law must sever and excise the unconstitutional provisions or applications so that the constitutional remainder can be enforced going forward. Absent severance and excision, a law must fall in its entirety. This excision-based …