Analysis and Commentary on Injury Law

Pennsylvania Republican Leadership Spits in the Eyes of Child Sex Abuse Victims with Faux Justice in New Proposal

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

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.

What Do the Cases Involving Bill Cosby, Clergy Sex Abuse, and Brett Kavanaugh Have in Common? Powerful Men Who Think Themselves Powerful Enough to Make Credible Accusations Disappear, But They Are Wrong

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains how Bill Cosby, Catholic clergy, and Brett Kavanaugh are all in different stages in the justice system but cut from the same cloth. Hamilton points out that in the era of #MeToo, powerful men can no longer evade credible serial accusations of sexual misconduct.

The United States Olympic Committee and the USA Gymnastics NGB Need to Be Dissolved and Reconstituted

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, calls upon Congress to dissolve and reconstitute the United States Olympic Committee and USA Gymnastics due to their inept handling of child sex abuse within those organizations. Hamilton points out that private organizations have boards of directors who shoulder responsibility for correcting actions of their organizations, but Congress must act when the bad actors are within national governmental bodies (NGBs) such as USOC and USA Gymnastics.

Seeking Forward-Looking Justice for #ChurchToo

Illinois law professor Lesley Wexler comments on the #ChurchToo movement, a campaign arising from the viral #MeToo movement, that seeks to raise awareness of sexual assault in the specific context of churches. Wexler describes the similarities between the #MeToo and #ChurchToo movements, as well as some key differences, and explains that any meaningful change must come largely from within these communities due to challenges in church doctrine and philosophy, particularly with evangelical churches.

Big Business Battles the #MeToo Movement

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how insurance, chamber of commerce, and religious lobbyists are impeding child sex abuse victims’ access to justice in several states. Hamilton points to three states that were considering bills that seemed optimistic but have since been turned sideways by big business and powerful lobbyists.

The Sex Assault Avengers: The Enemies and a Superpower

Marci A. Hamilton—one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the Fox Leadership Program at the University of Pennsylvania—analogizes Marvel’s blockbuster Avengers movie with the far more serious (and real) fight for justice for sexual assault victims. Hamilton explains in terms understandable to any moviegoer why statutes of limitations on sexual abuse claims allow the “bad guys” to win.

#MeToo: Not Decapitation, but Possibly Lustration

Illinois Law professor Lesley Wexler explores the narrative of the so-called career death penalty that has arisen from the #MeToo movement and considers lustration—a process of purging or vetting individuals responsible for abuses of the state—as a mechanism to govern some of the high-profile harassers. Wexler calls upon the public and the media to help create a different story—a better world—where individuals who have engaged in harassment no longer need to serve as cultural or economic arbiters.

Who’s Afraid of the Big Bad Victim?

Marci A. Hamilton—a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, and the CEO and Academic Director of CHILD USA—describes the small step forward New York has recently taken to improve access to justice for child sex abuse victims. Hamilton points out that Republican senators are dragging their feet and offering flimsy excuses for not backing the legislation that would expand the window for sex abuse claims, a stance inconsistent with their position on other windows, such as those for medical malpractice claims.

Miracles in Child Sex Abuse Statutes of Limitation Reform: Three of the Worst States Are Stepping Up

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, describes what three states are doing to improve child sex abuse victims' access to justice. Hamilton explains how Georgia, Michigan, and New York are finally changing their restrictive statutes of limitations to start to give victims access to the court system they so deserve.

#MeToo, Time’s Up, and Restorative Justice

Illinois Law professor Lesley Wexler comments on the 2018 Golden Globes acceptance speech by Laura Dern calling for restorative justice in the context of the #MeToo and Time's Up movements. Wexler analyzes the possible meaning of this somewhat ambiguous call to action, explaining that it could mean the restoration and reintegration of women who have suffered employment setbacks at the hands of their harassers and assaulters, and pointing out that it could also carry the more traditional notion of restorative justice, which includes the wrongdoers and the community as a whole to engage in "apologies, restitution, and acknowledgments of harm and injury."

2017 SOL Reform Year in Review and How #MeToo Relates to Child Sex Abuse SOLs

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, reflects on the changes to civil and criminal statutes of limitations (SOLs) for child sex abuse across the United States in 2017, and points out how SOLs relate to the #MeToo movement exposing the breadth and pervasiveness of adult sexual assault and harassment. Hamilton praises the progress made over the past year and but calls upon legislators and politicians at all levels to take additional steps to protect children.

Why “Believing Women” Has Been a Challenging Task

Cornell University law professor Sherry F. Colb explains why it is so difficult for society as a whole to believe women’s accounts of sexual assault and harassment. Colb argues that the first step in developing solutions is for society, and particularly men, to admit that many (if not all) of these claims are true, and once that happens, then one has to either say that such behavior is acceptable or unambiguously condemn the behavior. Assuming that one rightfully condemns the behavior, Colb points out that the next step is to investigate the claims and impose whatever penalties are appropriate.

Sorry Lessons

Illinois law professor Lesley Wexler considers the apologies issued by celebrity men recently accused of sexual misconduct and argues that they ultimately fall short of making genuine amends to their victims. Wexler breaks down the components of a sincere apology, discusses the question of compensatory amends, and ultimately concludes that both the United States government and the celebrity men in question have failed to issue apologies of any true substance to those they have wronged. To highlight her point, Wexler compares contemporary examples in which the Canadian government has stepped up to offer proper apologies and provide compensation to victims of its past harmful policies.

Why Washington Reacts More Slowly to Sexual Misconduct Allegations Than Hollywood

Cornell University law professor Michael C. Dorf considers the recent spate of sexual misconduct allegations in the political sphere and entertainment industry, and notes how much less inclined to action and condemnation the former is compared to the latter. Dorf illustrates this point by considering the allegations against Donald Trump and Roy Moore, as well as various well-known Hollywood players, then evaluates several factors that may explain the contrast in reactions. Dorf concludes that the polarized, partisan state of our government, coupled with weak political parties, ultimately leaves Washington far more powerless to purge offending individuals than Hollywood.

Listen Up: There Is a Solution to the Sex Abuse and Harassment Epidemic Unfolding Before Your Eyes—And You Will Be Surprised at Who Must Step Up to Succeed

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton addresses the issue of sex abuse and harassment in light of the accusations made against many high-profile men recently. With a focus on the perpetrators, then the victims of their abuse, Hamilton explains why the general public might be (wrongly) disinclined to believe these men are guilty and unpacks why it often takes the victims such a long time to come forward. Hamilton also offers a multi-part solution to this epidemic, laying the moral responsibility of improvement and change squarely on the shoulders of the lawyers and insurance companies that represent these abusive men in various contexts.

What Needs to Happen Next for the #MeToo Campaign to Fulfill Its Potential

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton praises the #MeToo campaign and explains what more needs to happen to meaningfully address the pervasive issues of sexual assault and abuse against children and adults. Hamilton points to the brave actions by Olympic gymnast McKayla Maroney and elaborates on what must change in our society to empower victims and hold those in power accountable.

Bullies, Bullies Everywhere

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton points out two ways the legal system reinforces a culturally ingrained fear of undermining the “family breadwinner”: short statutes of limitations (SOLs) for sex abuse and defamation law. Hamilton argues that fixing the SOLs and defamation law can shift the balance of power between perpetrators and the victims.

Ideal Victims and the Damage of a Damage Free Victory

Illinois law professor Lesley Wexler considers the how the public perceives victims of physical abuse who renounce the monetary rewards to which they are legally entitled. Wexler points to several high-profile cases in which the victim donated or did not seek monetary damages, and critiques the media for lauding the economic selflessness of these female assault victims in a way that obscures the important role of compensatory and punitive damages, particularly for victims who rely on those damages to seek to become whole.

Who Pays for Sex Abuse?

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, describes the enormous costs associated with child sex abuse that fall on the victims’ families, government welfare programs, and society. Hamilton points out that there is no comprehensive metric that considers all of the costs, but the ones that have been measured are staggering.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in con... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavi... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior... more