Law Review: Solutions to the Legal Dilemma Caused by Sexting
Average Teenager or Sex Offender? Solutions to the Legal Dilemma Caused by Sexting
Shannon Shafron-Perez, 26 J. Marshall J. Computer & Info. L. 431 (2009)
“This Comment broadly considers the failure of the law to adapt to developments in technology and communication, untangles the different approaches taken by a sample of states, and considers which legal remedy is most appropriate.”
Law Review: Why the 5th Circuit is Correct About Lawrence
Satisfying Lawrence: The Fifth Circuit Strikes Ban on Sex Toy Sales
Jamie Iguchi, 43 U.C. Davis L. Rev. 655 (2009)
“At its core, the disagreement between the circuits turns on the scope of the right announced in Lawrence and the standard of review it requires.”
Law Review: The Constitutional Status of Moral Legislation
The Constitutional Status of Moral Legislation
John Lawrence Hill, 98 Ky. L.J. 1 (2010)
“This Article argues that, in seeking to protect the private activities of gays and lesbians, liberals from Hart on have thought it necessary to throw the baby out with the bathwater by maintaining that the state may never regulate on the basis of ‘private morals.’ The better conclusion is that society has now reached a general consensus that it is wrong to single out one type of sexual activity and mark for punishment the class of people who engage in it. This, indeed, is the meaning of Lawrence v. Texas, and not the more expansive claim that Lawrence declares the end of morals legislation.”
Law Review: Seeing It, Knowing It (Obscenity)
Seeing It, Knowing It
Elizabeth M. Glazer, 104 Nw. U. L. Rev. Colloquy 217 (2009)
“However, the ‘more modest claim’ that McDonald purports to make is, in fact, the claim made in my essay, namely, to ‘refin[e]—but not overturn—the obscenity test set forth in Miller‘ so that it distinguishes between sex and sexual orientation.”
Law Review: When Children Become Child Pornographers and the Lolita Effect Undermines the Law
Sex, Cell Phones, Privacy, and the First Amendment: When Children Become Child Pornographers and the Lolita Effect Undermines the Law
Clay Calvert, 18 CommLaw Conspectus 1 (2009)
“It is a sure-fire recipe for legal trouble: combine hormone-raging teens with image-transmitting technologies, and then stir them together in a sex-saturated society replete with outdated laws and a criminal justice system that never could have anticipated such a combustible confluence of forces. Signs and symptoms of this salacious problem are cropping up across the United States.”
Mulieris Dignitatem: Pornography and the Dignity of the Soul
Mary Leary (2009). Ave Maria Law Review, Vol. 8, No. 2, 2010; CUA Columbus School of Law Legal Studies Research Paper No. 2009-15. Available at SSRN: http://ssrn.com/abstract=1521163
“Modern day pornography has increased in both its quantity and severity of content. Mulieris Dignitatem offers a pathway out of this reality with its focus on the concept of dignity. The article reviews John Paul II’s emphasis on the dignity of woman and applies it to the modern day issue of pornography.”
Law Review: Should Texas’s Former Ban on Obscene Device Promotion Pass Constitutional Muster Under a Murky Lawrence?
Laura M. Clark, 41 St. Mary’s L.J. 177 (2009)
“Part IV will analyze relevant U.S. Supreme Court holdings and Texas cases, apply Lawrence to the Texas and Alabama statutes, and examine whether the Texas statute might be changed to pass constitutional muster.”
“Rabbit” Hunting in the Supreme Court: The Constitutionality of State Prohibitions of Sex Toy Sales Following Lawrence v. Texas
“This Note . . . supports the Eleventh Circuit’s interpretation of Lawrence in Williams v. Attorney General of Alabama as a means of limiting the Lawrence decision and preserving traditional state authority to democratically police the borders of accepted sexual behavior in preservation of public morality.”
Law Review: Florida’s Regulation of Child Exploitation: Senate Bill 1442
“This article discusses the history and issues surrounding child exploitation laws and the changes SB 1442 intends to make. This article will first present an overview of the child exploitation problem and discuss the development and progression of legislation both federally and in the State of Florida. Next, this article will analyze the constitutionality of SB 1442. In order to determine the constitutionality of SB 1442, this article will discuss both the First Amendment and the Commerce Clause of the United States Constitution. This article will additionally evaluate the impact of SB 1442 on the victims and the State of Florida. Finally, this article will conclude with recommendations toward any present or potential concerns surrounding SB 1442.”
Virtual Parentalism
Joshua Fairfield, Virtual Parentalism (September 30, 2009). Washington & Lee Legal Studies Paper No. 2009-08. Available at SSRN: http://ssrn.com/abstract=1480701
