16 May 2013

Abuse in the Sports World, and What Needs to Be Done About It

Justia columnist and Cardozo law professor Marci Hamilton discusses abuse in the world of sports, including school, amateur and professional sports. While child sex abuse has been a problem in this world, physical, emotional, and verbal abuse are far too common, and need to stop as well, Hamilton urges. She cites the example of Rutgers basketball coach Mike Rice, but stresses that Rice is far from alone in his abusive behavior. And, Hamilton notes, it is a problem that athletes looking for—or wanting to continue with—college scholarships feel that they have no other choice but to take the abuse. Hamilton asks us all to imagine sports as it should be: free of bullying and fear, and offers a model code of conduct for sports addressing the various forms of abuse that athletes may suffer, as well as reporting requirements when abuse does occur. Continue reading →

Posted In: Education, Other Commentary

More Analysis and Commentary by Marci A. Hamilton

2 May 2013 Marci A. Hamilton

Who Is Afraid of Justice for Child Sex Abuse Victims, and Who Is Fighting for It? Some Recent Developments

Justia columnist and Cardozo law professor Marci Hamilton comments on developments in States across the nation regarding abolishing the statute of limitations on child sex abuse. Hamilton chronicles the details of the progress in each of the relevant states, and notes the rising calls for justice not only for victims, but also for those who knew of a victim’s abuse and did nothing about it or, even worse, covered it up. Continue reading →

Posted In: Criminal Law

18 Apr 2013 Marci A. Hamilton

A Movie Deal and Two New Books Guarantee that the World Will Finally Understand the Catholic Church Child Sex Abuse Scandal

Justia columnist and Cardozo law professor Marci Hamilton comments on the new books—one nonfiction, and the other a novel—and the movie deal that will better illuminate the Catholic Church’s scandal over clergy child sex abuse. Hamilton expresses the hope that these works will cause a stronger push for strict laws in this area. Hamilton focuses on some key parts of the scandal, such as the early dearth of media coverage and the brave crusaders who dared to side with the victims and boldly challenge the Church. She also assesses each of the two books, finding both praiseworthy. Continue reading →

Posted In: Book Reviews

4 Apr 2013 Marci A. Hamilton

The Plague of Proposed Legislation by Religious Entities in the States: An Explosion in Foolhardy State Religious Liberty Proposals and a Sneaky Addition to the Pennsylvania Task Force’s Legislative Proposals

Justia columnist and Cardozo law professor Marci Hamilton comments on two recent developments: (1) a new kind of state-level religious freedom restoration act (RFRA) that omits the requirement of a substantial burden upon the plaintiff’s religious conduct; a mere burden is enough under this new kind of RFRA; (2) the deeply disappointing nature of the Pennsylvania Task Force Legislative Package to protect children, which omitted child-sex-abuse statute of limitations reform, and failed to protect children from medical neglect by faith-healing parents. Continue reading →

Posted In: Speech and Religion

14 Mar 2013 Marci A. Hamilton

A New Pope, A New Beginning for Clergy Child Sex Abuse Survivors? Why It’s Unlikely

Justia columnist and Cardozo law professor Marci Hamilton predicts that the new Pope, formerly the Archbishop of Buenos Aires, will be no more successful than his predecessor in effectively addressing the Catholic Church’s problem with clergy child sex abuse. In making her case, Hamilton cites the name the new Pope chose, Francis for St. Francis Xavier, not St. Francis of Assisi; and the fact that he is a Jesuit—and thus a member of an order that despite the respect it claims still has clergy child abuse problems and problems with related cover-ups. Hamilton also points out that Pope Francis—unlike Cardinal Oullet of Canada, another top contender—has not been an outspoken critic of clergy child abuse. For these and other reasons, Hamilton predicts that true reform in this area will only come from the legal system, not the Church. Continue reading →

Posted In: Other Commentary, Speech and Religion

7 Mar 2013 Marci A. Hamilton

Coaches’ Codes of Conduct: What Universities, Schools, Teams, and Leagues Must Do in the Wake of the Penn State, Olympic Swimming, and Poly Prep Country Day School Child Abuse Scandals

Justia columnist and Cardozo law professor Marci Hamilton discusses what the institutions and people who oversee youth and school sports must do in order to avoid child sex abuse, and other types of abuse that can be related to sports, such as verbal abuse. Hamilton begins by noting that we need to clearly define what is abuse, whether sexual, verbal, or otherwise. In addition, she argues that youth athletic organizations need to institute hotlines for reporting abuse, and also to ensure backup support for young athletes if a hotline alone is not enough, as it may not be in some circumstances. In addition, Hamilton discusses the institution of penalties for adults who know of abuse and do nothing, and notes how sports culture can be changed for the better with the help of The Positive Coaching Alliance. Continue reading →

Posted In: Criminal Law, Education

21 Feb 2013 Marci A. Hamilton

Hurricane Sandy Disaster Relief for Houses of Worship: Why the Establishment Clause Forbids this Most Recent Attempt by Religious Lobbyists to Obtain Government Support and Funding

Justia columnist and Cardozo law professor Marci Hamilton argues that Hurricane Sandy disaster relief cannot constitutionally be extended to religious institutions, and notes that such relief was not extended to houses of worship in prior, similar situations. She also contends that religious institutions should go back to their days of eschewing government funding entirely. Accordingly, Hamilton opposes the Federal Disaster Assistance Non-Profit Fairness Act, and notes that the church/state entanglement issues that will arise if the government is involved in funding the rebuilding of a damaged house of worship. Continue reading →

Posted In: Constitutional Law, Government, Speech and Religion

12 Feb 2013 Marci A. Hamilton

The American Bishops, Contraception, and Gender Discrimination

Justia columnist and Cardozo law professor Marci Hamilton comments on last week’s issuance by, the Obama Administration, of revised HHS regulations that accommodate religious organizations that object to providing contraception and abortion services as part of their requirement to provide health insurance under the Affordable Care Act (ACA). Hamilton explains the exemption, its four criteria, and how the rules work. She also notes that the religious exemption does not apply to for-profit entities, and likely will be held not to apply to nonprofit entities, either. The reason the exemption likely does not apply, Hamilton explains, is that employers are completely out of the loop, with the health insurance issue (including issues regarding contraception and abortion) now solely an issue, under the regulations, between a woman and her doctor. Continue reading →

Posted In: Constitutional Law, Reproductive Law, Speech and Religion

24 Jan 2013 Marci A. Hamilton

The Release of the Los Angeles Archdiocese’s Records Relating to Clergy Child Sex Abuse: The Insights It Reveals, and Why the Justice System Deserves Great Credit Here

Justia columnist and Cardozo law professor Marci Hamilton comments on a recent development relating to the fight for justice for victims of child sex abuse: the release of the records of the Catholic Church’s Los Angeles Archdiocese in one case, with many such more records to come, pursuant to a 2007 settlement. Hamilton argues that, in addition to the brave survivors who have come forward to report abuse, and the journalists who exposed the truth, our justice system deserves credit for bringing the perpetrators to justice. Hamilton also notes the key role of statute-of-limitations window legislation in ensuring that the victims’ cases could be tried despite the expiration of the original statutes of limitations. Continue reading →

Posted In: Criminal Law

10 Jan 2013 Marci A. Hamilton

Football, Sexual Assault, and the Web: The End of the Institutional Cover-ups of Sexual Abuse and Assault

Justia columnist and Cardozo law professor Marci Hamilton comments on the confluence of forces that have made the victories in the fight against child sex abuse possible. Among the key factors, Hamilton argues, are the end of the old boys’ network; survivors who are empowered by the justice system; and revelations that go public far more quickly than they could have prior to the Age of the Internet, when victims and critics of abusers have a strong, far-reaching voice and the ability to recruit allies and supporters. With all these developments, together, sparking public outrage, Hamilton notes that even previously untouchable football institutions can be made accountable—noting, for instance, the crimes toward a young woman in Steubenville, Ohio, by members of that town’s team. Continue reading →

Posted In: Criminal Law, Technology Law

Marci A. Hamilton

Marci A. Hamilton is one of the leading church/state scholars in the United States and the Paul R. Verkuil Chair in Public Law, Benjamin N. Cardozo School of Law, Yeshiva University. She is the author of Justice Denied: What America Must Do to Protect Its Children (Cambridge University Press 2008) and God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005, 2007), and numerous scholarly articles. She has been a visiting professor at Princeton University, New York University School of Law, Emory University School of Law, and the Princeton Theological Seminary. Professor Hamilton was lead counsel for the City of Boerne, Texas, in the landmark decision,Boerne v. Flores, 521 U.S. 507 (1997), and has served as constitutional law counsel in many important cases involving religion, particularly in the area of clergy sex abuse and religious land use. Professor Hamilton clerked for Associate Justice Sandra Day O’Connor of the United States Supreme Court and Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit; and received a J.D. from Pennsylvania Law School, where she served as Editor-in-Chief of the University of Pennsylvania Law Review; an M.A. in English from Pennsylvania State University; an M.A. in Philosophy from Pennsylvania State University; and a B.A. from Vanderbilt University.