Analysis and Commentary on Juvenile Law
Punishing Protection: Why One Attorney Did What the Law Should Encourage

Child protection advocate Kathryn Robb discusses the sanctioning of attorney Richard Trahant for allegedly violating a protective order in the Archdiocese of New Orleans bankruptcy case, examining the tension between litigation confidentiality rules and child safety in institutional sexual abuse cases. Ms. Robb argues that broadly interpreted protective orders in such cases can function as instruments of institutional secrecy that endanger children, and she calls for narrowly tailored exceptions that prioritize child safety and align with mandatory reporting policies.

The Rhode Island Attorney General Opposes Catholic Clergy Sexual Abuse

UNLV Boyd School of Law professor Leslie C. Griffin examines the Rhode Island Attorney General’s sweeping report on clergy sexual abuse within the Diocese of Providence, including the diocese’s history of concealment and the AG’s reform recommendations. Professor Griffin argues that the report confirms decades of institutional cover-up and endorses the AG’s calls for stronger laws, expanded statutes of limitations, and greater diocesan accountability.

The Trump Administration’s Culture of Death to Children

University of Pennsylvania professor Marci A. Hamilton addresses the Trump administration’s handling of public health, particularly its promotion of anti-vaccine rhetoric and policy decisions that have led to a resurgence of preventable childhood diseases and deaths. Professor Hamilton argues that by empowering figures like Robert F. Kennedy Jr. and prioritizing parental “rights” over established science, the administration has fostered a reckless and deadly culture that endangers children’s lives.

Why the Epstein Cover-up Will Fail

University of Pennsylvania professor Marci A. Hamilton discusses the anticipated release of the Jeffrey Epstein files under the Epstein Transparency Act and the Trump administration’s expected efforts to limit disclosure, set against the broader context of society’s evolving response to child sex abuse cover-ups. Professor Hamilton argues that despite attempts to suppress the truth, a powerful cultural shift toward justice for survivors and public demand for accountability will ultimately defeat the efforts to protect powerful abusers and enablers.

Dear King Charles, Would You Talk to Our Leaders?

Child protection advocate Kathryn Robb urges King Charles III to use his moral authority to call out political leaders—particularly in the United States—for their failure to prioritize justice and transparency over power and self-preservation. Ms. Robb commends King Charles for previously demonstrating principled leadership and implores him to publicly advocate for the release of sealed files related to sexual abuse, arguing that moral courage from influential figures is vital for protecting children and confronting systemic cover-ups.

Tracking the Truth in the Child Sex Abuse Cases Through the Courts

University of Pennsylvania professor Marci A. Hamilton responds to Francis X. Maier’s proposal to remove child sex abuse victims from the legal system and place them in “autonomous reparations programs,” examining the implications for institutions like the Catholic Church, Boy Scouts, and state entities facing billion-dollar settlements. Professor Hamilton argues that Maier’s approach would prioritize cost reduction and institutional secrecy over justice and truth, contending that civil litigation is essential for uncovering institutional cover-ups, validating victims’ experiences, and preventing future abuse through transparency and accountability.

The Most Depressing Advent Calendar: 25 Ways that Texas Endangers Mothers and Children

SMU Dedman School of Law professor Joanna L. Grossman has put together an “Advent Calendar” project sharing daily facts about Texas’s policies and statistics related to maternal and child welfare. Through 25 data points covering topics like maternal mortality, teen pregnancy, healthcare access, and abortion restrictions, Professor Grossman argues that Texas’s claims of being “pro-life” are contradicted by its poor performance on maternal and child health metrics and its restrictive policies that harm women and children.

The Three Things We Learned About the Religious Right and Trump on Election Day

University of Pennsylvania professor Marci A. Hamilton analyzes three key outcomes for the religious right following Election Day: their diminishing control over abortion policy, their continued success in “othering” certain groups (particularly LGBTQ+ individuals), and their unexposed agenda regarding children's rights and education. Professor Hamilton argues that while the religious right has lost ground on abortion rights due to successful state ballot measures and Trump’s apparent abandonment of their stance, they continue to wield significant influence through their campaign against LGBTQ+ rights and could pose future threats through their lesser-known initiatives to weaken child labor laws, compulsory education, and vaccination requirements.

Finally, Some Good News

Cornell professor Joseph Margulies comments on the recent news, reported by the Sentencing Project, that between 2000 (the peak year) and 2020, the number of children detained by the criminal legal system experienced a 77% decline; indeed, the number fell every year between 2000 and 2020. Professor Margulies points out that even while we inevitably construct social meaning from crimes in general, we should celebrate the bare fact of this reduction in juvenile incarceration.

On the Tenth Anniversary of Miller v. Alabama, Much Work Remains to End Juvenile Life Without Parole Sentences

In light of 2022 marking the tenth anniversary of the Supreme Court’s decision in Miller v. Alabama, Amherst professor Austin Sarat points out how important that decision was and how much still remains to be done to stop juvenile life without parole (LWOP) sentences. Professor Sarat points out that with the scientific recognition that the development of the human brain is not complete until a person is in their 20s, it does not make sense to treat child offenders the same way we treat adult offenders.

A Speech Those Grieving For Uvalde’s Children Would Like to Hear

Former federal prosecutor Dennis Aftergut writes a hypothetical speech that, unfortunately, those grieving the suffering and loss of life from the school shooting in Uvalde, Texas, will likely never hear from their elected officials. In the speech, Mr. Aftergut rhetorically points out that the speaker’s approach is common sense yet also highly unlikely to be embraced by those with the power to do so.

Governor Greg Abbott’s Unconstitutional War on Trans Children (and Their Parents)

SMU Dedman School of Law professor Joanna L. Grossman describes the American child welfare system and argues that Texas Governor Greg Abbott’s attempt to weaponize state child abuse law against trans children and their parents is grossly unconstitutional. Professor Grossman points out that the child welfare system gives parents broad discretion to make medical decisions for their children, and a state cannot simply decide that a particular type of medical treatment constitutes child abuse because it is politically opposed to it.

The Queen and the Pawns—Ketanji Brown Jackson

Kathryn Robb, executive director of CHILD USAdvocacy, praises Judge Ketanji Brown Jackson for her poise and grace during her Supreme Court confirmation hearing and points out the hypocrisy of Senators Ted Cruz and Josh Hawley, who sacrificed the true problem of child sexual abuse and child pornography and sharpen the issue for their own devices. Ms. Robb points out that their states—Texas and Missouri, respectively—have abysmal records when it comes to protecting children and calls upon the senators to focus instead on introducing legislation that offers real protection for children and young athletes, such as zero tolerance statute of limitations reform, Chapter 11 bankruptcy reform, and Title IX reform.

Forced Pregnancy, Homophobia, and Child Marriage: How Religion Enables Abuse

Cornell law professor Sherry F. Colb describes how religion gives an air of respectability to many cruel and reprehensible practices, such as forcing people to carry pregnancies to term, homophobia, and child marriage. Professor Colb argues that Americans’ commitment to “respecting everyone’s religion,” however coercive, violent, or misogynistic, precludes an actual respect for the bodily integrity, liberty, and privacy of women, LGBTQI+ people, and girls.

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.

Why We Still Like Separation of Church and State

Penn professor Marci A. Hamilton and UNLV Boyd School of Law professor Leslie C. Griffin explain why the separation between church and state is such an important principle in American democracy and describe ways in which this separation is being eroded. Professors Hamilton and Griffin urge courts and lawmakers to keep the states and the nation from being run by the world’s religions.

Three Threats to Future Generations: Should COVID-19 Change Our Thinking About Climate Disaster or the End of Democracy?

UF Levin College of Law professor Neil H. Buchanan considers whether the current COVID-19 pandemic changes the way we think about the ongoing crises of climate catastrophe and the escalating threats to the rule of law. Perhaps counterintuitively, Professor Buchanan concludes that neither this pandemic nor even the threat of future pandemics changes how we should think about our obligations to future generations because nothing about it requires our focus to the exclusion of those two existing threats.

Texas’s Extreme Abortion Law Threatens Girls’ Lives

University of Pennsylvania professor Marci A. Hamilton describes how Texas’s extreme anti-abortion law threatens the lives of female children in that state. Professor Hamilton argues that the law is effectively encouraging citizens to engage in economic trafficking of vulnerable girls, particularly girls who have been subject to sexual predators.

A Tale of Two States and the Roads Taken and Blocked to Child Protection

Penn professor Marci A. Hamilton describes how New York and Pennsylvania differ in their approaches to protecting child victims. Professor Hamilton praises New York for taking substantial steps to protect abuse survivors, in sharp contrast to Pennsylvania, where the state legislature has repeatedly failed to take meaningful action to give survivors access to justice.

Simone Biles’s Perfect Score

Kathryn Robb, executive director of CHILD USAdvocacy and survivor of child sexual abuse, praises gymnast Simone Biles for setting a stellar example of courage and self-care. Robb points out that as a result of Biles’s actions, USA Gymnastics may have lost a team gold medal, but more importantly, future young elite athletes and children worldwide observed the actions of a hero.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram Amar is the Daniel J. Dykstra Endowed Chair and Distinguished Professor of Law at the King... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a Senior Research Fellow at the Institute... 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 civil rights lawyer and a Professor of Government at Cornell University. He... 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