Justia columnist and Cardozo law professor Marci Hamilton begins her series on likely 2012 presidential candidates and their views on religion. Here, Hamilton assesses the views of Texas Governor Rick Perry. She expresses concern, in particular, with Perry’s lack of belief in the separation of church and state, as exemplified by his speeches; finds in Perry’s record a belief that religion should drive politics; and questions Perry’s claimed beliefs in small government and in federalism.
Justia columnist and Cardozo law professor Marci A. Hamilton urges that the Catholic Church urgently needs to take responsibility—and foster an ethic of accountability—regarding clergy child-sex-abuse cases. In describing the path that she argues the Church must take, Hamilton compliments a recent speech by Irish Prime Minister Enda Kenny, and a book by Jason Berry on money and the Church. As she explains, these writings, too, call for responsibility and accountability from the Church, and for the enforcement of civil law by the courts, in clergy child-sex-abuse cases.
Justia columnist and Cardozo law professor Marci Hamilton comments on the reality television show Sister Wives and the litigation that is connected to it. The family depicted on Sister Wives—consisting of one man, four “wives,” and 16 children—fled Utah to avoid potential bigamy charges. (Nevada’s bigamy law defines the offense in a less restrictive way than Utah’s does.) Now, the family’s lawyer, Jonathan Turley, is challenging Utah’s law as unconstitutional. Hamilton contends, to the contrary, that the law is perfectly constitutional, and explains the history of the law and the related precedent in support of her argument.
Justia columnist and Cardozo law professor Marci Hamilton comments on some of the lessons of the Casey Anthony trial, regarding protecting children. Hamilton begins by agreeing with calls for a law imposing strict punishment upon parents whose children go missing, but who never, or belatedly, tell the authorities their children are gone. She then goes on to suggest other reforms: a RICO amendment to sweep in child sex abuse, the institution of mandatory sex-abuse education within the sex education curriculum in schools, and the abolition of statutes of limitations for child sex abuse.
Justia columnist and Cardozo law professor Marci Hamilton comments on the situation unfolding in Hawaii with respect to the state's laws regarding statute of limitations for child sex abuse. As she explains, Hawaii's House and Senate each unanimously passed a bill that would create a two-year-long window of opportunity for child sex-abuse victims to file civil claims against their abusers, and against those who aided the abusers, even if the former statute of limitations had previously expired; and that would eliminate civil statutes of limitations entirely. But Hamilton – who has worked on the legislation with Sen. Maile Shimabukuro, abuse survivors, and others over the past year – notes that Hawaii governor Neil Abercrombie has issued a statement indicating that he will veto the bill. Hamilton takes strong issue with his reasons for doing so, and contends that he should change his mind.