Analysis and Commentary on Injury Law
Learning About Survivors From the Illinois Attorney General’s 2023 Report on Clergy Sex Abuse

UNLV Boyd School of Law professor Leslie C. Griffin comments on the recently released report about abuse in the six Roman Catholic Illinois Dioceses. Professor Griffin points out several ways in which the report prioritizes the survivors—a welcome contrast to others who have prioritized the abusers at the expense of the survivors.

Private Transitional Justice—The Case of the Slave Daguerreotypes Continued

Illinois Law professor Lesley M. Wexler comments on a decision by the Massachusetts Supreme Judicial Court affirming Harvard’s ownership over slave daguerreotypes, but allowing causes of action for negligent infliction of emotional distress and for reckless inflection of emotional distress to move forward. Professor Wexler explains how the majority opinion and each of the two concurrences—one of which invites future plaintiffs to submit novel claims to seek ownership and the other which proposes a cause of action for descendants of slaves to receive ownership of wrongfully attained property—might fit within transitional justice.

Hidden Harm and the Short Reach of Traditional Tort Remedies

Kathryn Robb, executive director of CHILD USAdvocacy, explains how and why child sexual abuse is more insidious and long-lasting than “typical” civil wrongs recognized by law. Robb points out that while survivors of child sexual abuse may lack the physical injuries that the law and jurors often look for, they carry deeper wounds that affect their entire bodies and minds well into adulthood.

U.S. Supreme Court Again Restricts the Viability of International Human Rights Lawsuits in Federal Courts Under the 1789 Alien Tort Statute

NYU Law professor Samuel Estreicher and Hofstra Law professor Julian G. Ku comment on the U.S. Supreme Court’s recent decision in Nestlé v. Doe, in which the Court held that mere “corporate activity” within the United States is not enough to satisfy the general presumption against the extraterritorial application of federal law. Professor Estreicher and Ku point out that questions about the scope of future ATS claims or corporate liability may never be resolved if the vast majority of ATS claims are dismissed as a result of the Court’s reinvigorated extraterritoriality test.

The Cosby Conviction Reversal Reveals a Faultline in Our Justice System for Sex Assault Victims: Unfairly Short Statutes of Limitation

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, comments on the recent decision by the Pennsylvania Supreme Court overturning Bill Cosby’s sexual assault conviction. Professor Hamilton argues that the decision illustrates the need for states to reform both civil and criminal statutes of limitations (SOLs) to give sexual assault and abuse survivors their day in court.

Sidney Powell Files a Brief Embracing Fact-Free Politics

Cornell Law professor Michael C. Dorf comments on a brief filed by Donald Trump’s former lawyer Sidney Powell in a defamation lawsuit brought by Dominion Voting Systems. Professor Dorf argues that Powell’s motion to dismiss the case should fail, but he notes that the argument presented in her brief is more subtle than is generally acknowledged.

He Said/She Said, Save Our Sons, and the Stories that Stick: Part Two of a Two-Part Series of Columns

In this second in a series of columns on the U.S. Department of Education’s recent push toward a higher burden of proof in determinations of sexual harassment or assault under Title IX, Cornell Law professor Sherry F. Colb suggests that gendered narratives play a role in people’s willingness to regard an acquaintance rape case as “he said/she said.” Colb describes several examples in which people prefer a story that confirms a pre-existing bias over truth based on evidence.

COVID-19 and Workers’ Compensation in New York

NYU law professor Samuel Estreicher and rising 2L Christopher Ioannou discuss how New York workers’ compensation law might apply to workers infected with COVID-19. Estreicher and Ioannou argue that despite some shortcomings of the workers’ compensation system, we should not take for granted its ability to allow workers to quickly receive medical attention and some amount of lost wages.

Should Anyone Care that Sexual Assault is “Out of Character” for Biden?

Cornell law professor Sherry F. Colb considers what people mean when they say that a sexual assault allegation seems “out of character” for a particular person and explains why that reasoning is logically flawed. Focusing on differences between how people behave publicly and privately, Colb argues that the lack of an observed pattern of sexual misconduct is not evidence that a person did not engage in sexual misconduct on a specific occasion.

Believe All Women or Support Joe Biden?

Cornell Law professor Sherry F. Colb comments on recent sexual assault allegations against presumptive Democratic nominee Joe Biden. Colb argues that if the only choices for President are Donald Trump and Joe Biden, the sexual assault allegation against the latter will take second fiddle to the need to defeat the former and defends this perspective as not manifesting hypocrisy or indifference to sexual assault or other intimate violence.

When Children Stay Home—A COVID-19 Consequence

Kathryn Robb, executive director of CHILD USAdvocacy, describes how the COVID-19 pandemic uniquely endangers children who are being sexually abused by people close to them. Robb describes ways in which teachers, coaches, and other adult figures in children’s lives must do to ensure the safety of children in this time when schools and other safe spaces are shut down.

The Three-Front War on Child Sex Abuse: Law, Society, and the Public

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.

The SOL Reform Movement Becomes More Inclusive as Adult Victims of Sex Assault Seek Justice, Too

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

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.

Insurance Carriers Hold a Key to Prevent Child Sex Abuse

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.

Lawmakers Must Stop Cooperating in the Bishops’ Dirty Tricks

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, and Kathryn Robb, executive director of CHILD USAdvocacy, describe the latest trick by Catholic bishops in Maryland to successfully lobby for a statute of repose to be included in a bill, undermining its ability to provide meaningful justice to abuse victims. Hamilton and Robb call upon legislators to stop cooperating with Catholic bishops, as doing so leads only to continued secrecy, suffering, and pedophile empowerment.

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

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.

Cardinal Timothy Dolan Proves Once Again the Church Will Never Reform Itself without the Law and Civil Society Behind It

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 an op-ed by New York City’s Archdiocese’s Cardinal Timothy Dolan that Hamilton characterizes as full of “misstatements and ugly implications.” Hamilton disassembles Dolan’s claims and explains why litigation—not mediation, as Dolan claims—is critically essential for the victims of child sex abuse to access the justice they deserve.

2018 Year in Review: Child Sex Abuse Statutes of Limitations, and the Catholic Bishops’ Spiritual Retreat

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 progress (and lack thereof) of legislation in 2018 affecting child sex abuse victims’ access to justice across the United States. In particular, Hamilton calls upon American bishops to start advocating for, rather than against, the victims of abuse.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

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

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

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