Tag Archives: New York
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.

Small Steps Forward: New York Legislature Increases Protections for Sexual Harassment Victims

SMU Dedman School of Law professor Joanna L. Grossman describes recently passed anti-discrimination laws in New York that improve protections for victims of sexual harassment and assult. Grossman describes the role of the #MeToo movement in increasing awareness of the prevalence of sexual harassment and assault and praises New York for being a leader in protecting the rights of women.

New York Lawmakers Take Aim at Trump

Cornell law professor Michael C. Dorf considers whether two New York bills—one that requires state and local officials to provide congressional committees with the President’s state and local tax records upon request, and the other that would permit the state to prosecute an individual for conduct that was presidentially pardoned—set a dangerous precedent for state interference with federal action. Dorf argues that these bills provide a permissible form of diagonal checks and balances between the branches of the state and federal government and do not raise constitutional concerns.

With Ink Not Yet Dry on the New York Child Victims Act, There Is Already Reason to Be Concerned About the Victims in this Process

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.

On Anniversary of Roe v. Wade, New York Moves to Shore Up Reproductive Rights

SMU Dedman School of Law professor Joanna L. Grossman comments on New York Governor Andrew Cuomo’s signing into law the Reproductive Health Act, which eliminates disparities between the federal constitutional standard and New York’s statutory standard preserving a woman’s right to terminate a pregnancy. Grossman describes the evolution of abortion rights in the United States and points out that New York’s move to safeguard this right comes at a time when the US Supreme Court might rule to overturn its precedent, and ironically, on the 46th anniversary of the Court’s historic decision in Roe v. Wade.

Cardinal Timothy Dolan Proves Once Again the Church Will Never Reform Itself without the Law and Civil Society Behind It

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.

The Best Laid Plans: New York Court Considers Effect of Couple’s Pre-adoption Agreement

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by an appellate court in New York clarifying the rights of two adults who had a pre-adoption agreement but separated before actually adopting a child. Grossman praises the court for using language that would preserve the rights of lesbian co-parents broadly, but finding that the woman in this particular case is not a co-parent.

Fly Away: Why the New York City Human Rights Commission is Right to Investigate The Wing, a Private Club and Workspace that is Just for Women

SMU Dedman School of Law professor Joanna L. Grossman considers whether New York’s all-female private social club, The Wing, violates that state’s public accommodations law. Grossman reviews the relevant case law and concludes that The Wing will likely have difficulty arguing that should be exempt from the public accommodations law under First Amendment or public policy grounds.

Who’s Afraid of the Big Bad Victim?

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—describes the small step forward New York has recently taken to improve access to justice for child sex abuse victims. Hamilton points out that Republican senators are dragging their feet and offering flimsy excuses for not backing the legislation that would expand the window for sex abuse claims, a stance inconsistent with their position on other windows, such as those for medical malpractice claims.

Miracles in Child Sex Abuse Statutes of Limitation Reform: Three of the Worst States Are Stepping Up

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, describes what three states are doing to improve child sex abuse victims' access to justice. Hamilton explains how Georgia, Michigan, and New York are finally changing their restrictive statutes of limitations to start to give victims access to the court system they so deserve.

Take a Flying Leap: The Second Circuit Holds That Skydiving Instructor Can Sue for Sexual Orientation Discrimination Under Title VII

SMU Dedman School of Law professor Joanna Grossman comments on a decision by the US Court of Appeals for the Second Circuit, sitting en banc, holding that sexual orientation discrimination is an actionable form of sex discrimination under Title VII of the Civil Rights Act of 1964. Grossman explains the significance of the holding and describes the circuitous route federal courts have taken to finally arrive at that common-sense conclusion.

New York: The City That Never Sleeps . . . in a State That Never Updates Its Parentage Laws

SMU Dedman School of Law professor Joanna L. Grossman comments on a difficult case in New York that illustrates that state's need for clear legislative direction regarding parentage and modern families. Grossman describes the background of the case and explains how the lack of comprehensive parentage laws leads to unpredictable and often undesirable results.

Considering a New York Bill to Legalize Compensated Surrogacy

Cornell University law professor Sherry F. Colb considers some pros and cons of legalizing and enforcing gestational surrogacy agreements, as the New York State legislature is currently considering doing. Colb points out that legalizing these agreements would help clean up the patchwork of different surrogacy laws in different states (and thus make the outcome of conflicts more predictable), but she also notes that government endorsement of surrogacy may perpetuate or ignore related issues of equality and born children seeking adoption.

So When Will Religious Organizations Choose Not to Discriminate?

Leading church-state scholar Marci A. Hamilton comments on a recent decision by the U.S. Court of Appeals for the Second Circuit in which it held that a female principal of a Catholic school has no legal recourse when a priest engages in gender discrimination that would be actionable in any other setting. Hamilton explains that this is a product of the misguided ministerial exception, which is part of a larger, more troubling social pattern of religious entities demanding a right to discriminate and harm others.

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.

The Ethics of Crowdfunding for Lawyers: Uncharted Territory or Familiar Terrain?

Attorney and Justia editor Sarah Andropoulos comments on some of the ethical considerations raised by the increasingly popular practice of crowdfunding by lawyers. Andropoulos considers whether attorney crowdfunding presents new ethical risks or simply calls for application of established ethics rules to new technology.

Cash or Card

Guest columnists Antonio G. Sepulveda, Henrique Rangel, and Igor De Lazari comment on a recent decision by the U.S. Supreme Court that a New York law prohibiting merchants from imposing a surcharge for payment by credit card constitutes a regulation of speech, and they compare the Court’s treatment of the law as regulating speech with Brazil’s historic treatment of similar laws in that country as protecting consumers.

“Dot the i’s and Cross the t’s”: Louisiana Supreme Court Voids Prenuptial Agreement for Signature Defect

SMU Dedman School of Law professor Joanna L. Grossman describes a case in which the Louisiana Supreme Court voided a prenuptial agreement for its failure to abide by strict formalities required in that state. Grossman discusses the history of prenuptial and postnuptial agreements and uses this case and one from New York to illustrate the importance of paying attention to the details when forming these documents.

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.

The New York Court of Appeals Confers Parental Status on Same-Sex Partners Intending to Parent

Cornell University law professor Sherry Colb discusses a recent decision by New York’s highest court expanding the definition of parental status to include same-sex partners intending to parent. Colb explains the court’s ruling and discusses a U.S. Supreme Court decision regarding the rights of non-parents that might stand in the New York court’s way.

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... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... 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

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

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more