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Full-Text Articles in Law
The Expansion Of Child Pornography Law, Carissa B. Hessick
The Expansion Of Child Pornography Law, Carissa B. Hessick
Faculty Publications
This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images of children who are clothed and not engaged in any sexual activity, and prosecutions for possessing smaller portions of artistic and non-pornographic images. These prosecutions have expanded the definition of the term ‘‘child pornography’’ well beyond its initial meaning. What is more, they signal that child pornography laws are being used to punish people not necessarily because of the nature of the picture they possess, but rather because of the conclusion that those individuals are sexually attracted to children. If law enforcement concludes that a …
The Constitutionality Of School Prayer: Or Why Engel V. Vitale May Have Had It Right All Along, William P. Marshall
The Constitutionality Of School Prayer: Or Why Engel V. Vitale May Have Had It Right All Along, William P. Marshall
Faculty Publications
No abstract provided.
Court Transparency And The First Amendment, David S. Ardia
Court Transparency And The First Amendment, David S. Ardia
Faculty Publications
This is a critical time for court transparency because the courts, like so many institutions of government, are in the midst of a transformation from the largely paper-based world of the twentieth century to an interconnected, electronic world where physical and temporal barriers to information are disappearing. Not surprisingly, the shift to electronic access to the courts raises significant privacy concerns. As a result of these and other concerns, a number of courts and legislatures are considering sharply limiting public access to certain court proceedings and records.
Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia
Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia
Faculty Publications
Court records present a conundrum for privacy advocates. Public access to the courts has long been a fundamental tenant of American democracy, helping to ensure that our system of justice functions fairly and that citizens can observe the actions of their government. Yet court records contain an astonishing amount of private and sensitive information, ranging from social security numbers to the names of sexual assault victims. Until recently, the privacy harms that attended the public disclosure of court records were generally regarded as insignificant because court files were difficult to search and access. But this “practical obscurity” is rapidly disappearing …