{"id":52511,"date":"2016-09-30T11:27:00","date_gmt":"2016-09-30T16:27:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/legal-commentary\/marci-a-hamilton-archive-5.html"},"modified":"2016-09-30T11:27:00","modified_gmt":"2016-09-30T16:27:00","slug":"marci-a-hamilton-archive-5","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/legal-commentary\/marci-a-hamilton-archive-5.html","title":{"rendered":"Marci A. Hamilton Archive"},"content":{"rendered":"\n
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Legal Commentary: Marci A. Hamilton Archive<\/h1>\n\n
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“SUBJECT TO THE APPROVAL OF THE VATICAN”:
WHY THE AMERICAN CATHOLIC CHURCH MAY BE FORCED TO \n\n CHOOSE BETWEEN SCHISM FROM ROME AND \n\nMARGINALIZATION<\/a>\n\n
\nFindLaw columnist and Cardozo law professor Marci Hamilton predicts dire \n\nconsequences if the Vatican vetoes the U.S. bishops’ proposal to work with \n\nlegal authorities in the prosecution of crimes against children — as some \n\nindications seem to foreshadow it might. In this event, Hamilton contends, \n\nthe U.S. church will either have to separate from Rome or face inevitable \n\nmarginalization within the law-abiding culture of American society. She \n\noffers historical evidence to suggest that schism would be the option \n\nAmerican Catholics would prefer.\n\n
\n<\/span>\nThursday, Jun. 20, 2002<\/span>\n<\/p>\n\n\n\n

HOW THE NATIONAL CONFERENCE OF BISHOPS’ PROPOSAL \n\n ON HANDLING CHILD ABUSE SHOULD BE CHANGED:
THE DEVIL IS IN THE DETAILS<\/a>\n\n
\nFindLaw columnist and Cardozo law professor Marci Hamilton discusses the \n\nflaws and virtues of the National Conference of Bishops’ proposal for how the \n\nCatholic Church should deal with claims of child abuse by clergy. Hamilton \n\nurges the Bishops to go farther in several respects, and addresses arguments \n\nthat requiring priests to report abuse might infringe on the privacy of the \n\nconfessional or the priest-penitent privilege.\n\n
\n<\/span>\nThursday, Jun. 06, 2002<\/span>\n<\/p>\n\n\n\n

AN ACTION PLAN FOR THE CATHOLIC CHURCH:
MAKING CHILDREN–NOT THE CHURCH–THE FOCUS FOR \n\nTHE JUNE MEETING OF BISHOPS<\/a>\n\n
\nFindLaw columnist and Cardozo law professor Marci Hamilton offers a \n\nfive-point plan for the Catholic Church to rehabilitate its reputation in the \n\neyes of the public, and encourage parents to trust the Church with their \n\nchildren again. Hamilton’s plan, if adopted, would represent a sharp \n\nreversal of the Church’s past strategies; she urges the Church, among other \n\nthings, to give up clergy exemptions from abuse reporting requirements and \n\nwelcome law enforcement attention to abuse allegations.\n\n
\n<\/span>\nThursday, May. 23, 2002<\/span>\n<\/p>\n\n\n\n

ENDING THE GAME OF NOMINATIONS KEEP-AWAY:
WHY WE MUST CONFIRM JUDICIAL NOMINEES \n\n AND RESTORE THE COURTS TO GOOD HEALTH<\/a>\n\n
\nFindLaw columnist and Cardozo law professor Marci Hamilton argues that it is \n\nlong past the time for the Senate Judiciary Committee to stop stalling, and \n\nconfirm more of President Bush’s nominees. In support of her point, Hamilton \n\nrelies on statistics contrasting the treatment of nominees during the tenure \n\nof prior Committee Chair Senator Joseph Biden, and during the tenure of \n\ncurrent Committee Chair Senator Patrick Leahy. \n\n
\n<\/span>\nThursday, May. 09, 2002<\/span>\n<\/p>\n\n\n\n

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<\/a>\n\n
\nFindLaw columnist and Cardozo law professor Marci Hamilton discusses last \n\nweek’s Supreme Court decision holding that the First Amendment prevents \n\nCongress from banning “virtual” child pornography — that is, non-obscene \n\nimages of child sexuality, the creation of which did not involve actual \n\nchildren. Hamilton contends that a contrary decision would only have \n\nworsened the taboo against discussion of child sexual abuse, which impedes \n\npro-child advocacy.\n\n
\n<\/span>\nThursday, Apr. 25, 2002<\/span>\n<\/p>\n\n\n\n

GETTING TO KNOW THE FIRST FEMALE SUPREME COURT JUSTICE:
SANDRA DAY O’CONNOR’S ACCOUNT OF HER LIFE ON THE \n\nLAZY B RANCH<\/a>\n\n
\nFindLaw columnist and Cardozo law professor Marci Hamilton — a former clerk \n\nto Supreme Court Justice Sandra Day O’Connor — discusses Justice O’Connor \n\nand her brother’s memoir of growing up on their family’s farm in the \n\nSouthwest, Lazy B. Hamilton explores the insights Lazy B affords into both \n\nJustice O’Connor’s personality and her jurisprudence.\n\n
\n<\/span>\nFriday, Apr. 19, 2002<\/span>\n<\/p>\n\n\n\n\n

HOW SEPTEMBER 11 ALTERED THE PERCEIVED PLACE AND ROLE \n\n OF RELIGION IN THE UNITED STATES:
WHY THE CATHOLIC CHURCH SCANDAL IS SURFACING NOW<\/a>\n\n
\nFindLaw columnist and Cardozo law professor Marci Hamilton offers an answer \n\nto the puzzling question of why the clergy abuse scandal, with allegations \n\ndating back for several decades, is surfacing only now. According to \n\nHamilton, the coverup of the allegations is only part of the explanation for \n\nthe delay; pre-September 11 attitudes of the media towards religious \n\ninstitutions also play a large role.\n\n
\n<\/span>\nThursday, Apr. 11, 2002<\/span>\n<\/p>\n\n\n\n

SACRIFICIAL LAMBS?:
CHILD ABUSE, RELIGIOUS EXEMPTIONS, AND THE SEPARATION OF \n CHURCH AND STATE<\/a>\n\n
\nFindLaw 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.\n\n
\n<\/span>\nThursday, Mar. 28, 2002<\/span>\n<\/p>\n\n\n\n

THE TEN COMMANDMENTS IN COURT:
POWER AND ITS ABUSE<\/a>\n\n
\nFindLaw 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.\n\n
\n<\/span>\nThursday, Mar. 14, 2002<\/span>\n<\/p>\n\n\n\n

CHURCHES, CHILDREN, AND GOVERNMENT MONEY:
HOW FAITH-BASED INITIATIVES AND VOUCHERS CAN INCREASE CHURCHES’ ACCOUNTABILITY<\/a>\n\n
\nFindLaw 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.\n\n
\n<\/span>\nThursday, Feb. 28, 2002<\/span>\n<\/p>\n\n\n\n\n\n\n\n\n\n

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