Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s decision in Paroline v. United States, in which the Court considered how much restitution a victim of sexual abuse should be able to recover from a single perpetrator. Colb explains the reasoning used by the majority and the two diametrically opposed dissenting opinions, and she extends the discussion to an important narrative the Court’s opinions fail to consider.
Guest columnist Courtney Minick comments on a recent decision by a federal district court judge striking down California’s death penalty. Minick describes the court’s reasoning and considers its possible implications.
Cardozo law professor Marci Hamilton responds critically to a column by George Will recently published in the Washington Post in which Will belittled a Swarthmore rape victim and implied that college women are responsible for their rapes. Hamilton provides three examples of how society’s handling rape is improving and argues that Will and others should educate themselves about rape before writing columns that ignore facts.
Justia columnist and Cardozo law professor Marci Hamilton describes two recent disappointing developments for survivors of sex abuse in the ultra-Orthodox Jewish community. The first is the plea deal for the man who threw bleach in the face of a venerated advocate of sex abuse survivors, and the second is a community’s celebration of the prison release of a man who attempted to bribe a victim to drop charges against her abuser.
Justia columnist and Cardozo law professor Marci Hamilton comments on the recent shooting incident by a white supremacist in Overland Park, Kansas. She describes the suspect’s religious beliefs and explains how the Kansas RFRA, federal RFRA, and RLUIPA can be used if not to protect a murderer acting due to his beliefs, then at least other wrongdoers similarly motivated.
Justia columnist and U. Washington law professor Anita Ramasastry describes two new “cryptocurrency” competitors, PotCoin and DopeCoin. Ramasastry explains how these new ventures purport to operate and predicts whether there will be a sustained demand for such services. Finally, she considers some of the legal issues these new models present.
Justia columnist and Cornell law professor Sherry Colb continues her analysis, in the third of three columns on the topic, of the Supreme Court's decision in Burrage v. United States. There, the Court interpreted the eligibility of a heroin-distributing defendant for a sentencing enhancement under the penalty-enhancement provision of the Controlled Substances Act for selling drugs from the use of which death resulted. Colb explains how a defendant would qualify for the enhancement.
Justia columnist and Hofstra law professor Joanna Grossman, and Justia guest columnist and Stanford law professor Lawrence Friedman comment on the law regarding “upskirting,” in which a man is surreptitiously videotaping up the skirt of a woman who is sitting, facing him, across the aisle of a bus or subway (or in another situation that lends itself to the practice). Grossman and Friedman note that Massachusetts’s legislature now has an anti-upskirting criminal law. Other states may follow soon too, for old laws are poorly fitted to address the very modern practice of upskirting, and unless legislatures move quickly, culprits may walk away scot-free.
Justia columnist and Cardozo law school professor Marci Hamilton comments on recent stories about the mishandling of reports of sex abuse and assaults at two fundamentalist colleges: Patrick Henry College and Bob Jones University. Hamilton also covers the Catholic Church’s ongoing issues with clergy sex abuse, and cautions these colleges not to follow the Church's lead. Hamilton notes that President Obama has been silent on the epidemic of sex abuse and assaults in religious entities in the United States. She argues that it is high time now, nearing the end of his last Term, for him to step up for all victims, and to stop pandering to religious entities.
Justia columnist and Cardozo law professor Marci Hamilton comments on the topic of college campus sexual assault, which is disturbingly frequent—so much so that the Obama Administration is now focusing on it. Hamilton considers ways to protect college women, especially women in college sports; notes how college men can help in rape prevention; and argues that worries about false accusations by women are overblown.
Justia guest columnist and Northwestern law professor Joseph Margulies explains why American criminal justice appears to be coming out of its prior, punitive turn in criminal justice. With even the Attorney General acknowledging that our criminal justice system is, in many ways, broken, Margulies suggests strong evidence that the punitive turn is waning, and may well be superseded with new and better approaches to criminal justice.
Justia columnist and Cardozo law professor Marci Hamilton describes and comments on developments regarding justice for child-sex-abuse victims. Hamilton reports that, in 2013, the pace of the movement to procure justice for victims quickened remarkably. But there is also a negative development, Hamilton notes: religious groups have gone back to the drawing board to find new ways to protect themselves from the law in this area.
Justia columnist and attorney Julie Hilden comments on a Texas Appellate Court decision from October. The decision was based on a Texas man’s being charged under the State’s penal code for the third-degree felony of communicating in a sexually-explicit manner with a person whom he believed to be a minor, with intent to arouse or gratify his sexual desire. The Texas appellate court, however, deemed the statute to be overbroad and therefore struck it down for First Amendment reasons, noting that content-based regulations of speech, such as the one at issue here, are presumably invalid, and citing the law's potential to reach even great works of literature.
Justia columnist and Cornell law professor Sherry Colb continues her two-part series regarding the Supreme Court’s Burrage case, which involves dealers’ responsibility for heroin overdoses. Here, in Part Two of the series, Colb comments on how the components of causation might apply to the particular facts of the case before the Court.
In Part One of a two-part series of columns by Justia columnist and Cornell law professor Sherry Colb comments on a Supreme Court case that considers when heroin dealing “results” in death. Her column addresses complex issues of causation and legal responsibility. Part Two of the series will appear on Wednesday, December 11.
Justia guest columnist and Loyola Law School professor Paula Mitchell continues her series of columns on the death penalty, describing the developments in California in the past year and predicting what lies ahead.
Justia columnist and attorney Julie Hilden comments on “revenge porn,” which occurs when a person agrees to provide nude photos to his or her partner during a relationship, but after the breakup, the partner posts the nude photos online, at times connected to the partner’s name or other information. Hilden notes that California now has a relevant law on this topic, but some think that the law is not sufficiently strong.
Justia columnist and attorney Julie Hilden comments on an updated California law that protects celebrities' children from the paparazzi, with penalties of jail time and hefty fines. Hilden suggests that the new law ignores serious First Amendment concerns, and that civil remedies, rather than criminal sanctions, might have been enough, particularly in light of those concerns.
Justia columnist and former counsel to the president John Dean comments on whether current Republican obstructionism could be charged as a federal crime. In particular, Dean questions whether Section 371 of Title 18 of the United States Code, which prohibits conspiracies to defraud the government of the United States, applies here. Dean concludes, however, for interesting reasons, that, even if Section 371 could apply, no criminal charges ought to be brought.
Justia guest columnist and Loyola Law School professor Paula Mitchell continues her series of columns on the death penalty in California. She describes the methods trial courts must use in deciding whether to exclude prospective jurors in death penalty cases. She then examines several cases suggesting that trial court judges do not necessarily act even-handedly when excusing jurors based on their views on the death penalty.