"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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