Legal Commentary: Marci A. Hamilton Archive


Archive

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

"SUBJECT TO THE APPROVAL OF THE VATICAN":
WHY THE AMERICAN CATHOLIC CHURCH MAY BE FORCED TO CHOOSE BETWEEN SCHISM FROM ROME AND MARGINALIZATION

FindLaw columnist and Cardozo law professor Marci Hamilton predicts dire consequences if the Vatican vetoes the U.S. bishops' proposal to work with legal authorities in the prosecution of crimes against children -- as some indications seem to foreshadow it might. In this event, Hamilton contends, the U.S. church will either have to separate from Rome or face inevitable marginalization within the law-abiding culture of American society. She offers historical evidence to suggest that schism would be the option American Catholics would prefer.
Thursday, Jun. 20, 2002

HOW THE NATIONAL CONFERENCE OF BISHOPS' PROPOSAL ON HANDLING CHILD ABUSE SHOULD BE CHANGED:
THE DEVIL IS IN THE DETAILS

FindLaw columnist and Cardozo law professor Marci Hamilton discusses the flaws and virtues of the National Conference of Bishops' proposal for how the Catholic Church should deal with claims of child abuse by clergy. Hamilton urges the Bishops to go farther in several respects, and addresses arguments that requiring priests to report abuse might infringe on the privacy of the confessional or the priest-penitent privilege.
Thursday, Jun. 06, 2002

AN ACTION PLAN FOR THE CATHOLIC CHURCH:
MAKING CHILDREN--NOT THE CHURCH--THE FOCUS FOR THE JUNE MEETING OF BISHOPS

FindLaw columnist and Cardozo law professor Marci Hamilton offers a five-point plan for the Catholic Church to rehabilitate its reputation in the eyes of the public, and encourage parents to trust the Church with their children again. Hamilton's plan, if adopted, would represent a sharp reversal of the Church's past strategies; she urges the Church, among other things, to give up clergy exemptions from abuse reporting requirements and welcome law enforcement attention to abuse allegations.
Thursday, May. 23, 2002

ENDING THE GAME OF NOMINATIONS KEEP-AWAY:
WHY WE MUST CONFIRM JUDICIAL NOMINEES AND RESTORE THE COURTS TO GOOD HEALTH

FindLaw columnist and Cardozo law professor Marci Hamilton argues that it is long past the time for the Senate Judiciary Committee to stop stalling, and confirm more of President Bush's nominees. In support of her point, Hamilton relies on statistics contrasting the treatment of nominees during the tenure of prior Committee Chair Senator Joseph Biden, and during the tenure of current Committee Chair Senator Patrick Leahy.
Thursday, May. 09, 2002

THE SUPREME COURT GETS IT RIGHT IN ASHCROFT V. FREE SPEECH COALITION:
WHY ALLOWING SPEECH CONCERNING CHILD ABUSE IS MORE LIKELY TO REMEDY ABUSE THAN PERPETUATE IT

FindLaw columnist and Cardozo law professor Marci Hamilton discusses last week's Supreme Court decision holding that the First Amendment prevents Congress from banning "virtual" child pornography -- that is, non-obscene images of child sexuality, the creation of which did not involve actual children. Hamilton contends that a contrary decision would only have worsened the taboo against discussion of child sexual abuse, which impedes pro-child advocacy.
Thursday, Apr. 25, 2002

GETTING TO KNOW THE FIRST FEMALE SUPREME COURT JUSTICE:
SANDRA DAY O'CONNOR'S ACCOUNT OF HER LIFE ON THE LAZY B RANCH

FindLaw columnist and Cardozo law professor Marci Hamilton -- a former clerk to Supreme Court Justice Sandra Day O'Connor -- discusses Justice O'Connor and her brother's memoir of growing up on their family's farm in the Southwest, Lazy B. Hamilton explores the insights Lazy B affords into both Justice O'Connor's personality and her jurisprudence.
Friday, Apr. 19, 2002

HOW SEPTEMBER 11 ALTERED THE PERCEIVED PLACE AND ROLE OF RELIGION IN THE UNITED STATES:
WHY THE CATHOLIC CHURCH SCANDAL IS SURFACING NOW

FindLaw columnist and Cardozo law professor Marci Hamilton offers an answer to the puzzling question of why the clergy abuse scandal, with allegations dating back for several decades, is surfacing only now. According to Hamilton, the coverup of the allegations is only part of the explanation for the delay; pre-September 11 attitudes of the media towards religious institutions also play a large role.
Thursday, Apr. 11, 2002

SACRIFICIAL LAMBS?:
CHILD ABUSE, RELIGIOUS EXEMPTIONS, AND THE SEPARATION OF CHURCH AND STATE

FindLaw columnist and Cardozo law professor Marci Hamilton tackles a difficult question: What is the best way for child abuse by clergy to be policed -- by the Church, the state, or both? Hamilton discusses how the Constitutional separation of church and state plays into the debate.
Thursday, Mar. 28, 2002

THE TEN COMMANDMENTS IN COURT:
POWER AND ITS ABUSE

FindLaw columnist and Cardozo law professor Marci Hamilton discusses the argument that the Ten Commandments do not constitute a religious, but rather a legal and historical document, and thus can constitutionally be posted by state governments. Hamilton sets forth two reasons why courts have in some instances accepted this argument, though she contends it is weak.
Thursday, Mar. 14, 2002

CHURCHES, CHILDREN, AND GOVERNMENT MONEY:
HOW FAITH-BASED INITIATIVES AND VOUCHERS CAN INCREASE CHURCHES' ACCOUNTABILITY

FindLaw columnist and Cardozo law professor Marci Hamilton argues that when the government funds religious organizations' provision of education or social services, through vouchers or faith-based initiatives programs, the money should come with some carefully-chosen strings attached, particularly when children are involved. Hamilton suggests specific conditions that should be imposed.
Thursday, Feb. 28, 2002

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