Analysis and Commentary on Injury Law

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.

Can a Presidential Candidate Get Away With Defamatory Lying?

Cornell University law professor Michael C. Dorf analyzes the arguments made by Donald Trump’s lawyers in defending against Summer Zervos’s defamation suit against him, specifically the argument that Trump’s comments were mere “hyperbole” and “fiery rhetoric,” which, in the context of a presidential campaign, do not amount to defamation under state law. Dorf argues that existing law already offers politicians some protections against frivolous lawsuits, and what Trump’s lawyers are asking for is essentially a license for a candidate to lie about anyone and anything so long as the controversy has some connection to politics.

The Silence of the Children (Locked Away in the Secret Archives of the Archdiocese of New York City)

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—explains why the New York Senate refuses to take up the issue of the Child Victims Act, which would reform the state’s antiquated child sex abuse statutes of limitations. Hamilton points out that none of the arguments against reform actually hold water and that the real reason lies in the secrets contained in the Secret Archives.

Absolute Power Corrupts Absolutely in The Keepers

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania and CEO of CHILD USA, encourages everyone to watch the Netflix docuseries The Keepers, which addresses child sex abuse in the Catholic Church. Hamilton describes the progress toward justice for child sex abuse victims, including the growing awareness of the pervasiveness the problem and increasing numbers of states who extend or eliminate statutes of limitations for these types of lawsuits and prosecutions.

“Stealthing”: Is Secret Condom Removal Akin to Sexual Assault?

Cornell University law professor Sherry F. Colb comments on “stealthing,” a practice in which men surreptitiously remove their condoms while having intercourse. Colb considers whether the practice is best characterized as sexual assault, as some have argued, or whether it is a different kind of harm that should be addressed through a different set of legal processes.

Texas Moves Toward Abolishing Wrongful Birth Suits

Cornell University law professor Sherry F. Colb comments on a Texas bill currently under consideration that would eliminate the “wrongful birth” cause of action. Colb defines wrongful birth and points out that while its opponents argue that it encourages abortion, it actually encourages forthrightness and honesty among physicians, which should already be the standard of conduct. In fact, Colb argues, it is not the availability of a lawsuit that “encourages” abortion so much as the fact of the severe disability and the toll that this could take on their lives as well as on the life of the child whose birth is under consideration.

The Drumbeat of SOL Reform

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, comments on the current progress of state statutes of limitations (SOL) for child sex abuse. Hamilton is optimistic that eventually the SOL for child sex abuse will be eliminated in every state, but she points out that the pace can be frustratingly slow.

A Cool Wind Blows Over an Alaska Marriage, but Alienation of Affections Claim Not Viable

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the Alaska Supreme Court holding that alienation of affections is not a cognizable claim in that state. Grossman explains the history of so-called heart-balm actions, including alienation of affections, and chronicles their gradual decline over time in most states.

This Holiday Weekend, Try Not to Be Penn State

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, points out that for many victims of child sexual abuse, the holiday season is a time of torture of revisiting painful memories, rather than joy. Hamilton calls upon us to address the problem of child sex abuse directly by changing the laws, teaching the adults, reforming the institutions, and supporting the victims.

The State Law Gauntlet Facing Child Sex Abuse Survivors: A Long Way to Go to Child-Centered Justice

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how federal and state law interact to block survivors of child sex abuse from justice. As Hamilton explains, extending statutes of limitations for bringing abuse claims, or eliminating them altogether, is only one (albeit critically important) step state legislators must take toward helping survivors get the justice they deserve.

Timothy Dolan Implements the Penn State Playbook for Child Sex Abuse Victims: The Best Argument Yet for SOL Reform

Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, comments on the recent announcement by Cardinal Timothy Dolan of an Independent Reconciliation and Compensation Commission intended to help some clergy sex abuse victims in the New York City Archdiocese. Hamilton describes Dolan’s mixed record on justice for sex abuse victims but hails the latest development as a step in the right direction.

Thank You, Penn State

Cardozo Law professor Marci Hamilton explains how the Sandusky scandal at Penn State revealed that ignoring and covering up child sex abuse over an extended period of time is not unique to the Catholic church. Hamilton argues that Joe Paterno knew of the child sex abuse long before it came to public light but that he chose to keep Sandusky because doing so served his own ends.

Rabbis With a Conscience Make History

Cardozo Law professor Marci Hamilton comments on a recent development in protections for child sex abuse victims’ access to justice: a letter signed by 62 Jewish rabbis and leaders calling for New York to pass the Child Victims Act, which would create access to justice for child sex abuse victims by eliminating and reviving expired statutes of limitations.

Game’s On: Big Leaguers Zimmerman & Howard Versus Al Jazeera

Former counsel to the president John W. Dean continues his discussion of the defamation lawsuits filed by Philadelphia Phillies first baseman Ryan Howard and by Washington Nationals infielder Ryan Zimmerman against Al Jazeera America (AJAM). Dean assesses defendant AJAM’s motions to dismiss both cases for failure to describe facts that give rise to a plausible entitlement to relief, a requirement under federal law.

Bucks County DA David Heckler’s Mixed Signals on Pennsylvania’s Statute of Limitations for Child Sex Abuse

Cardozo law professor Marci Hamilton examines the position Bucks County, Pennsylvania, District Attorney David Heckler has taken with respect to child sex abuse and sex assault victims. Hamilton points out that Heckler does not seem to truly support the protection of children, based on his role in the misleading statements about SOL in the Task Force Report, the delay in release of a grand jury report that supports SOL reform, and the failure to prosecute a Catholic priest accused of sexual abuse.

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 Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... 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 one of the country’s leading church-state scholars and the Fox Professor of Pra... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from... 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

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more