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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Kathryn Robb, executive director of CHILD USAdvocacy, comments on a public-health crisis that is getting relatively less attention right now: the scourge of child sex abuse. To address this crisis, Robb calls for greater public awareness, stronger laws protecting children, and legislative action
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.
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.
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.
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.
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.
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.
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.
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.
Cornell law professor Sherry F. Colb considers the narrative of Kyle Stephens, a woman who was first abused by Dr. Larry Nassar when she was six years old, particularly as compared to the narratives of other women Nassar victimized. Colb points out that patients, parents, and law enforcement all give great deference to medical doctors, and Nassar recognized and took advantage of that deference to sexually assault so many women over such a great period of time.