Articles Posted in Juvenile Law

2019 Is the Year We Reached the Tipping Point for Sex Abuse and Assault Victims to Receive Justice: 2020 Will Be Even Better for SOL Reform
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Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, reviews the 2019 victories of victims of child sex abuse and assault and describes what needs to happen in 2020 to further secure justice for them.

2019 Is a Banner Year for SOL Reform, But There Is Much More to Do
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Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, explains why 2019 has been such an historic year for child sex abuse victims. Hamilton points out that children will not thrive in a society where individuals and institutions can ignore child sex abuse without consequence, so we must focus on protecting children and holding perpetrators and institutions accountable.

Access to Justice for College Sex Abuse and Assault Victims
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Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, explains why statute of limitations (SOL) reform for sex abuse and assault victims is necessary not only for children, but also for college students. Hamilton describes the nationwide epidemic of sexual abuse on college and university campuses and argues that SOL reform is the best way to ensure these victims have access to justice.

Let’s Restore the Public Good to a Place of Honor and End Vaccination Exemptions Other Than Those Absolutely Necessary
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Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, calls for an end to legislative exemptions to mandatory childhood vaccinations, except those that are absolutely necessary. Hamilton explains why these exemptions undermine the public good and endanger children.

The Three-Front War on Child Sex Abuse: Law, Society, and the Public
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Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, describes the statute of limitations reform in New York that will give victims of child sex abuse a window of one year to file civil lawsuits against their abusers. Hamilton explains why this is an important—but not nearly sufficient—victory for child sex abuse victims and describes the three major changes we as a society need to implement to meaningfully address the scourge of child sex abuse.

Jeffrey Epstein and His Enablers Are Evil, But Not Special: He’s Just the Latest Example of a Toxic Culture for Children
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Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, comments on Jeffrey Epstein and the circumstances and people who allowed him to endanger children for so long. Hamilton describes the ways in which our culture enables men like him to abuse children and get away with it for as long as they do.

The SOL Reform Movement Becomes More Inclusive as Adult Victims of Sex Assault Seek Justice, Too
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Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, describes a recent development in the movement for reforming statutes of limitations for victims of sexual assault. As Hamilton explains, New Jersey Governor Phil Murphy signed into law a bill that applies not only to children, but also to victims who were sexually assaulted as adults.

C’mon Pope Francis: You Can Do Better Than That
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Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, explains why the modest steps taken by Pope Francis ostensibly to address the child sex abuse problem in the Church are not enough to effect meaningful change. Hamilton points out that the United States has also failed to act, with the notable exception of Representative Bobby Scott (D-VA), who proposed that the Child Abuse Prevention and Treatment Act (CAPTA) re-appropriation include a requirement that the states examine their laws related to institution-based sex abuse.

Children Have a Right to Live and Be Vaccinated, and Two Legal Reforms Are Needed
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Marci Hamilton—professor at the University of Pennsylvania and CEO of CHILD USA—discusses the importance of vaccinating children and proposes two legal reforms needed to ensure children’s protection. Specifically, Hamilton proposes that states eliminate religious exemptions to mandatory vaccination and permit mature children to decide whether they get vaccinations.

Insurance Carriers Hold a Key to Prevent Child Sex Abuse
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Marci A. Hamilton—founder, CEO, and Academic Director of CHILD USA, a 501(c)(3) nonprofit academic think tank at the University of Pennsylvania dedicated to interdisciplinary, evidence-based research to prevent child abuse and neglect—explains why insurance carriers can and should play a key role in preventing child sex abuse. Hamilton describes two reforms that are needed to make the insurance industry a positive force instead of a barrier to child sex abuse prevention.

Robert Kraft Is the Canary in the Coal Mine: Conditions Have Changed for the Worse for Powerful Men Using Trafficked Girls and Women for Sex
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Marci A. Hamilton—professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania and founder, CEO, and Academic Director of CHILD USA—discusses the significance of Patriots owner Robert Kraft being charged with soliciting a prostitute at a strip mall in Florida, after a sting exposed a sex trafficking scheme there. Hamilton points out the differences between the handling of Kraft and the mishandling of Palm Beach sex trafficker Jeffrey Epstein and suggests Kraft may be the “canary in the coal mine” indicating a shift of power from perpetrators to their victims.

Compare and Contrast: The Vatican’s Gathering of Bishops in Rome with the Epstein Court on Justice for Child Sex Abuse Victims
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Marci A. Hamliton—professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania and founder, CEO, and Academic Director of CHILD USA—describes the similarities and differences between the Vatican’s gathering of bishops to address clergy sex abuse scandals and the federal judge’s ruling in the case of Jeffrey Epstein over sex trafficking scandals. Hamilton points out that decision in the Epstein case is a victory for child sex abuse victims, while the approach of the Catholic Church is already misguided.

With Ink Not Yet Dry on the New York Child Victims Act, There Is Already Reason to Be Concerned About the Victims in this Process
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Marci A. Hamilton—professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania and founder, CEO, and Academic Director of CHILD USA—comments on New York’s recent passage of the New York Child Victims Act and the troubling class action lawsuit filed purportedly on behalf of victims on the same day. Hamilton explains why class action lawsuits are inconsistent with child sex abuse victim empowerment and healing, pointing out that such lawsuits are designed for circumstances where the victims have identical or nearly identical harm, which is not the case with child sex abuse.

The Latest Report on Institution-based Sex Abuse Is Issued on the United States Olympic Committee’s Failures
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Marci A. Hamilton—the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion at the University of Pennsylvania—comments on the most recent report on child sex abuse, which was commissioned by the US Olympic Committee and focuses on the Dr. Larry Nassar scandal. Hamilton points out that scandal after scandal should make clear to the public that we have a systemic problem that is cultural, not isolated.

Abuse Victims Still Don’t Get Justice
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UNLV Boyd School of Law professor Leslie C. Griffin criticizes the recent order by the Pennsylvania Supreme Court to permanently redact the names of eleven priests from the grand jury report on sexual misconduct by the clergy in six Pennsylvania Roman Catholic dioceses. Griffin argues that the redaction undermines the purpose of the grand jury report to promote openness and sends the negative signal to survivors that the court will protect their abusers.

Department of Labor Secretary Alexander Acosta Must Go
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Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains the role of Labor Secretary Alexander Acosta in allowing multi-millionaire Jeffrey Epstein to plead guilty to a mere 13-month sentence despite evidence he had abused dozens of girls in his home in Palm Beach. Hamilton argues that Acosta should not be in any position of power, but particularly not one such as Labor Secretary, where the welfare of children or trafficking victims is at stake.

The Vatican Plans to Meet in February to Discuss Doing What the Bishops Should Have Done in 2002
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Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, comments on Pope Francis’s call for the Catholic bishops to Rome to discuss the clergy sex abuse crisis. Hamilton points out that a similar meeting was called in 2002 after the Boston Globe’s report on sex abuse in the Boston Archdiocese, yet the changes needed in in the Catholic Church in 2002 are still outstanding today in 2018.

Kavanaugh Saga Shows the #MeToo Movement at a Crossroads: Three Legal Reforms Needed Now
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Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains how the Kavanaugh confirmation process shows the crossroads at which the #MeToo movement now stands. Hamilton goes on to describe three legal reforms that are needed now: to fix the criminal and civil statutes of limitations, to revise defamation laws, and to fix the mandated reporting laws so those with knowledge of sex assault share it with the authorities.

Pennsylvania Republican Leadership Spits in the Eyes of Child Sex Abuse Victims with Faux Justice in New Proposal
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Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, criticizes Pennsylvania Republican leadership for letting down child sex abuse victims in that state by proposing a “tribunal” that amounts to faux justice rather than passing meaningful legislation. Hamilton calls upon the legislature to pass a real window via statute of limitation reform and to let the private entities handle their own compensation funds.

To Achieve Justice for the Victims of Sex Abuse in Pennsylvania: Don’t Let History Repeat Itself
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Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains why it is so important for the justice for the victims of sex abuse in Pennsylvania that that state continue its momentum for statute of limitations reform. Hamilton explains that the state legislature has only seven days left in its session to pass the reform.

Meet our Columnists
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former Dean at the University of Illinois College of Law on the Urbana-Champaign campus.... more

Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall Law School and the University of Toronto Law school. He also holds the James J. Freeland Eminent... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and six books on constitutional... more

Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and Employment Law and Institute of Judicial Administration at New York University School of Law. He... more

Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas Boyd School of Law. Prof. Griffin, who teaches constitutional law and bioethics, is known for... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law and is currently serving as the Herman Phleger Visiting Professor at Stanford Law School. ... more

Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of Pennsylvania. She is also the founder, CEO, and Academic Director of CHILD USA, a 501(c)(3)... more

Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in Geren v. Omar... more

Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.Professor Sarat founded both Amherst College’s Department of Law,... more

Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and Professor of Constitutional Law Emeritus at Harvard Law School, where he has taught since 1968. Born in... more

Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Wexler was a Professor of Law at Florida State University,... more