Former counsel to the president John W. Dean continues his discussion of the controversial investigative report by Al Jazeera Investigates that implicates several elite American athletes of illegal doping. Dean discusses the two lawsuits filed in federal court in the District of Columbia and the possible role an anti-SLAPP statute might play in those lawsuits.
In this first of a series of columns, former counsel to the president John W. Dean comments on the Al Jazeera sports doping exposé and the two defamation actions filed this week by Ryan Howard and Ryan Zimmerman. Dean anticipates that these lawsuits might develop into a lengthy legal battle that puts American defamation law to the test.
Hofstra University law professor Joanna Grossman comments on a recent lawsuit by Charlie Sheen’s ex-fiancée seeking damages for Sheen’s failure to disclose his HIV status. Grossman discusses the nature of the complaint filed and describes how civil and criminal laws must balance the right of individuals to sexual privacy against interests such as public health.
Cardozo law professor Marci Hamilton predicts that the release of the motion picture Spotlight—which is about the cover up of child sex abuse by priests in the Boston Archdiocese—will force the hands of politicians and candidates across the country with respect to their positions on these issues.
Cardozo law professor Marci Hamilton celebrates the ten-year anniversary of the groundbreaking 2005 Grand Jury Report on Child Sex Abuse in the Philadelphia Archdiocese. She argues that while that document pales in comparison to the Australian Commission’s report on abuse in that country, it is still hugely significant and should serve as the benchmark for responsible prosecutorial initiative on clergy sex abuse in the United States.
Cardozo law professor Marci Hamilton praises the women who are stepping forward publicly to accuse Bill Cosby of rape and sexual assault. Hamilton points out that despite the presence of restrictive statutes of limitations in most states, many survivors are stepping forward to seek justice and raising awareness.
Cardozo law professor Marci Hamilton comments on the recent visit by Pope Francis to Philadelphia on the ten-year anniversary of the release of the landmark Grand Jury Report on Sexual Abuse in the Philadelphia Archdiocese. Hamilton argues that now is the time for state legislators to eliminate statutes of limitations for civil sex abuse suits and revive those claims that have expired due to short statutes of limitations.
Cornell University law professor Michael Dorf considers to what extent defamation law provides a remedy for people who appear in deliberately misleading audiovisual recordings, as in the recently released videos ostensibly showing senior officials of Planned Parenthood stating prices for selling fetal body parts.
Former counsel to the president John W. Dean laments the willingness—even enthusiasm—of Bill Cosby’s legal defense team to engage in ethically questionable tactics with respect to Cosby’s victims, including using the media to defame the victims.
Cardozo law professor Marci Hamilton comments on the latest revelations about Bill Cosby arising out of a deposition from a civil lawsuit from ten years ago. Hamilton explains why there are so many secrets about sexual assault, including short statutes of limitations and sealed admissions in civil cases, and calls for greater transparency and publicity.
Cardozo law professor Marci Hamilton describes how the Josh Duggar and Dennis Hastert cases highlight the need to reform criminal and civil statutes of limitations for victims of childhood sexual abuse.
Cardozo law professor Marci Hamilton discusses the impact of child sex abuse within the context of the family in light of recent news involving the Duggar family.
Cardozo law professor Marci Hamilton reports on the developments thus far in 2015 with respect to child sex abuse victims’ access to justice.
Former counsel to the president John W. Dean discusses cyber law issues related to public shaming with the Internet Law Center’s Bennet Kelley.
Cardozo law professor Marci Hamilton reviews 2014 in terms of the developments (both forward and backward) in child protection issues. Hamilton concludes that while there are some good reasons to celebrate 2014, we should not slow down the fight for child protection in 2015.
John Dean, former counsel to the president, comments on a recent Newsweek story by David Cay Johnston highlighting the noted and untruthful biographer C. David Heymann. Dean explains how the dysfunctional body of First Amendment law has allowed Heymann to get away with publishing many lies and false information about a handful of public figures.
University of Washington law professor Anita Ramasastry discusses the growing personal use of unmanned aerial vehicles (colloquially known as drones) by individuals for spying and other nefarious reasons. She points out that most attention toward drones has focused on their use by the government, but their use by private citizens is increasingly becoming a concern. She discusses existing laws that might cover their use and proposes other ways the law can protect our privacy from individuals with high tech equipment like drones.
Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman discuss the erosion of “heartbalm” laws—legal claims against the extramarital lover of one’s spouse—in North Carolina and West Virginia. Grossman and Friedman describe the history of these causes of action and their decline over time. They explain the reasoning behind two different courts’ rulings—a lower court in North Carolina and the Supreme Court of Appeals of West Virginia—independently striking down their respective state’s remaining heartbalm actions.
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 covers and comments on Paroline v. Unknown Amy, a case on which the Supreme Court just held oral argument yesterday. The question in the case before the Court is how much child pornography market participants should be individually required to pay for the harm to the victims of child pornography.