Legal Commentary: Marci A. Hamilton Archive


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 Columns by Marci A. Hamilton - Page 4  Most Recent | Page 5 | Page 4 | Page 3 | Page 2 | Page 1  

LET THE CHURCHES SPEAK AND BE ACCOUNTABLE
FindLaw columnist and Cardozo law professor Marci Hamilton proposes a three-part plan to help hold churches accountable when they cover up, or do not address, allegations of abuse, and when they exert political influence to get questionable legislation enacted. Hamilton's proposal addresses not only what churches should be legally required to do, but also what law enforcement officials who receive reports of child abuse by clergy should do.
Thursday, Feb. 14, 2002

GETTING TO EVEN IN THE MUSIC INDUSTRY:
HEADLINER MUSICIANS PUSH A CALIFORNIA LAW TO EQUALIZE BARGAINING POWER

FindLaw columnist and Cardozo law professor Marci Hamilton discusses the recent efforts by musicians such as Sheryl Crow, Don Henley and Carole King and their organization to equalize bargaining power between recording artists and industry. Among the measures the artists have supported is a California bill that would end long-term recording contracts and make recording artists free agents -- as movie stars already are. Hamilton describes the legal and historical backdrop of this fight, including the 1976 Copyright Act and its amendments.
Thursday, Jan. 31, 2002

STRUGGLING WITH CHURCHES AS NEIGHBORS:
LAND USE CONFLICTS BETWEEN RELIGIOUS INSTITUTIONS AND THOSE WHO RESIDE NEARBY

FindLaw columnist and Cardozo law professor Marci Hamilton discusses the issue of land use disputes between religious institutions and their neighbors in residential communities, which are occurring more frequently as the institutions expand their uses to include day care centers, wedding facilities, etc. Hamilton discusses a statute -- the Religious Land Use and Institutionalized Persons Act of 2000 -- that gives religious institutions the edge in these disputes, and contends that the Act is unconstitutional and unfair; instead, religious institutions should be treated the same as other landowners.
Thursday, Jan. 17, 2002

PUNISHING JOHN WALKER, THE "AMERICAN TALIBAN":
HAS WALKER'S RELIGIOUS QUEST CONVINCED THE ADMINISTRATION TO GO EASY?

FindLaw columnist and Cardozo law professor Marci Hamilton contends that the Bush Administration's apparent inclination to impose relatively limited penalties on John Walker, the "American Taliban" may be based in part upon the fact that Walker's illegal actions were motivated by a religious quest. If so, Hamilton argues, the Administration's position is in error; Walker's religious motivation should not mitigate his culpability -- for no man can be a law unto himself.
Thursday, Jan. 03, 2002

THE UNIVERSAL CITY STUDIOS V. REIMERDES CASE:
THE DMCA, DECRYPTION, AND BUILDING FENCES IN CYBERSPACE

FindLaw columnist and Cardozo law professor Marci Hamilton examines the recent Second Circuit decision concerning DeCSS -- the decryption system that can circumvent DVD movie protections. Hamilton discusses, among other issues, concepts of private property and copyright law's idea of "fair use," and how the two should be reconciled. She also contends that the DeCSS case shows that protections of private property on the Web may be enforceable after all.
Thursday, Dec. 20, 2001

LIBERALS' HYPOCRISY OVER MILITARY TRIBUNALS:
WHY THE LIBERALS WHO FOUGHT FOR DISCRETION DURING THE CLINTON ADMINISTRATION SHOULD CONTINUE TO SUPPORT IT NOW

FindLaw columnist and Cardozo law professor Marci Hamilton offers a new perspective on the controversy over the Bush Administration's use of military tribunals. Hamilton argues that it is hypocritical for liberals who, in the past, have favored wide executive discretion with respect to the environment and other policy areas, to now oppose the exercise of executive discretion to create the tribunals when the need for discretion in wartime is particularly great.
Thursday, Dec. 06, 2001

VOUCHERS, RELIGIOUS SCHOOLS, AND THE ESTABLISHMENT CLAUSE:
WHY THE SUPREME COURT WILL PROBABLY STRIKE DOWN OHIO'S VOUCHER SYSTEM

FindLaw columnist and Cardozo law professor Marci Hamilton discusses possible reasons why the Supreme Court granted review on the question whether Ohio's school voucher program violates the Constitution's Establishment Clause. Hamilton contends that the Ohio program, in which vouchers, in practice, are overwhelmingly used to pay for religious school attendance, is problematic in two different ways, and thus the Court may well invalidate it.
Thursday, Nov. 22, 2001

HOW LAW SCHOOLS GET IN THE WAY OF ON-CAMPUS MILITARY RECRUITMENT, EVEN AFTER SEPTEMBER 11 - AND WHY THEY NEED TO STOP
FindLaw columnist and Cardozo law professor Marci Hamilton critiques law schools for continuing, even after September 11, to resist military recruitment on campus because of the military's "don't ask, don't tell" policy regarding sexual orientation. Hamilton explains the steps the Society for American Law Teachers advocates to "ameliorate" recruiters' on-campus presence.
Thursday, Nov. 08, 2001

FEDERALISM AND SEPTEMBER 11:
WHY THE TRAGEDY SHOULD CONVINCE CONGRESS TO CONCENTRATE ON TRULY NATIONAL TOPICS

FindLaw columnist and Cardozo law professor Marci Hamilton takes issue with the assertion, made by Linda Greenhouse of the New York Times and other commentators, that the September 11 tragedy spells the end of the Supreme Court's states' rights federalism. Hamilton argues that, to the contrary, the events of September 11 should convince Congress to draw a sharp line between the truly national concerns, such as bioterror preparedness, on which it should focus, and those concerns that can best be addressed on the State or local level.
Thursday, Oct. 25, 2001

AN OPEN LETTER TO MR. BIN LADEN FROM THE UNITED STATES CONSTITUTION
FindLaw columnist and Cardozo law professor Marci Hamilton pens a letter on behalf of the U.S. Constitution, in response to Osama bin Laden's statements and recently released video. The letter explains, among other points, why the fight against bin Laden is no "crusade."
Thursday, Oct. 11, 2001

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