Analysis and Commentary on Injury Law
It’s Time to Do More for Wanda

Kathryn Robb, National Director of the Children’s Justice Campaign at Enough Abuse, discusses Vice President Kamala Harris’s unusual mention of child sexual abuse during her Democratic National Convention speech and its broader implications for addressing this issue in America. Ms. Robb argues that while highlighting the problem is important, real change requires comprehensive action at all levels of society, including passing protective laws, implementing stricter policies in schools and youth organizations, and establishing federal initiatives to combat child sexual abuse and exploitation.

Does Informed Consent Alone Mitigate Responsibility: Considering Patient Harm Related to Artificial Intelligence

Surgeon and bioethicist Charles E. Binkley discusses the ethical implications and potential harms of using artificial intelligence (AI) in healthcare decision-making, particularly focusing on informed consent and physician responsibility. Dr. Binkley argues that patients should be informed when AI is used in their care, and that healthcare providers have a duty not only to inform patients of potential risks but also to mitigate those risks, emphasizing that the use of AI does not absolve physicians of their responsibilities to patients.

Catholic Sexual Abuse in New Jersey: Part II

In this second part of a discussion of the Catholic sexual abuse in New Jersey, UNLV Boyd School of Law professor Leslie C. Griffin delves deeper into the history of sexual abuse cases against the Catholic Church in New Jersey, focusing on earlier cases, the impact of charitable immunity laws, and recent legal developments including bankruptcy filings and ongoing lawsuits. Professor Griffin highlights the complexities of these cases, including issues of jurisdiction, insurance disputes, and the ongoing struggle for justice, while also noting the significant financial settlements made by the Church and the continuing efforts of survivors and their lawyers to hold the institution accountable for past abuses.

Catholic Sexual Abuse in New Jersey: Part I

UNLV Boyd School of Law professor Leslie C. Griffin discusses the history and current state of sexual abuse cases against the Catholic Church in New Jersey, focusing on high-profile cases like that of former Cardinal Theodore McCarrick and the impact of recent legislative changes extending the statute of limitations for abuse claims. Professor Griffin details the numerous lawsuits filed during a two-year “lookback window,” the church’s efforts to compensate victims outside of court, and the ongoing struggle for justice and accountability, highlighting the widespread nature of the abuse and the challenges faced by survivors in seeking redress.

Is Informed Consent Necessary When Artificial Intelligence is Used for Patient Care: Applying the Ethics from Justice Cardozo’s Opinion in Schloendorff v. Society of New York Hospital

Surgeon and bioethicist Charles E. Binkley discusses the ethical implications of using artificial intelligence (AI) models in clinical decision-making, particularly focusing on patient informed consent. Dr. Binkley argues that patients should be fully informed about the use of AI in their healthcare, not only as patients but also as data donors and potential research subjects, to maintain autonomy, transparency, and trust in the physician-patient relationship.

Survivors Win in Louisiana—On Their Second Effort

UNLV Boyd School of Law professor Leslie C. Griffin discusses a recent Louisiana Supreme Court ruling that upheld the constitutionality of the state legislature’s decision to extend the statute of limitations for sexual abuse survivors to sue their abusers. Professor Griffin argues that this ruling correctly prioritized the rights of abuse survivors over the property rights of defendants, and that it represents an important victory for victims seeking justice, although uncertainty remains regarding the impact of the Archdiocese of New Orleans’ bankruptcy filing on survivors’ ability to have their day in court.

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.

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 the University of... 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 Dwight D. Opperman Professor of Law and Director of the Center of Labor and... 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