Justia Columns

The Universal Need for the Mandatory Reporting of Child Sexual Abuse (Nov. 17, 2011)

The Penn State Scandal: Contrasting the School's Approach With the Catholic Church's Approach to Its Own Child Sex Abuse Scandal (Nov. 11, 2011)

Last Week's Congressional Hearing on Religious Liberty: A Disturbing Presentation by a Catholic Bishop Raises Questions About the Separation of Church and State (Nov. 3, 2011)

Assessing Mitt Romney as a 2012 Presidential Candidate: Part Four in an Ongoing Series on the Likely Candidates and Their Views on Religion (Oct. 18, 2011)

Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC: The Supreme Court Oral Argument, and What It Revealed (Oct. 6, 2011)

Assessing Michele Bachmann as a 2012 Presidential Candidate: Part Three in an Ongoing Series on the Likely Candidates and Their Views on Religion (Sept. 22, 2011)
The Tenth Anniversaries of 9/11 and of the Revelations of Catholic Bishops’ Cover-up of Child Sex Abuse: Two Developments That Profoundly Changed America (Sept. 8, 2011)
Assessing Former U.S. Senator Rick Santorum as a 2012 Presidential Candidate: Part Two in an Ongoing Series on the Likely Candidates and Their Views on Religion (Aug. 25, 2011)
Assessing Texas Governor Rick Perry as a 2012 Presidential Candidate: Part One in an Ongoing Series on the Likely Candidates and Their Views on Religion (Aug. 11, 2011)
All Roads Lead to Accountability (July 28, 2011)
Sister Wives: An Illustration of Why Polygamy Is, and Should Be, Illegal (July 20, 2011)
Caylee’s Law and What We Really Need to Do Now to Better Protect Children: Three Proposed Legal Reforms (July 14, 2011)
Hawaii’s Battle Over Its Statutes of Limitations for Child Sex Abuse: Why the Legislature Was Right to Unanimously Vote for Reform, and Why the Governor Should Not Fulfill His Veto Threat (June 30, 2011)
Click HERE for all of Marci Hamilton's Justia.com columns.

FindLaw Columns
The Progress We've Made -- and Haven't Yet Made -- on Child-Sex-Abuse Statutes of Limitations: 2010, the Year in Review (Dec. 30, 2010)
The Catholic League, the American Atheists, and the Spirit of Christmas (Dec. 9, 2010)
So Who Is the Enemy, Exactly? A Portland Plot Should Remind Us of Crucial Questions We Need to Ask and Answer (Nov. 30, 2010)
The Oklahoma Referendum Prohibiting State Courts from Applying International or Sharia Law (Nov. 11, 2010)
The Methodist Church Provides a Rare Example of a Religious Institution that Takes Clergy Sexual Abuse Seriously: Its Recently-Announced Position (Oct. 28, 2010)
The New Wave of Extreme State Religious Freedom Restoration Act (RFRA) Legislation: Why It's Dangerous (Oct. 14, 2010)
The Ongoing Controversy Over the Planned Mosque Near Ground Zero: How It Reveals Important Fault Lines in Americans' Thinking About Religion (Sept. 10, 2010)
The Mosque Controversy Continues: How a Texas Case Regarding a Sikh Temple Illuminates the Issues (Aug. 19, 2010)
The Wrong-Headed Furor over the Planned Mosque at Ground Zero: Mistaking a War on Radical Islamicism for a War on All Muslims (Aug. 5, 2010)
The Time Has Come for the Supreme Court to Carefully Examine the "Ministerial Exception," Which Allows Religious Employers to Discriminate in Hiring (July 22, 2010)
The Vatican Adjusts Its Child-Sex-Abuse Policies Again: A Reminder of How Statutes of Limitations Play a Nefarious Role (July 7, 2010)
CLS v. Martinez: The Supreme Court Rightly Holds that Public Law Schools Can Deny Affiliation and Funding to Religious Groups that Discriminate Against Gay Students (July 1, 2010)
Reforming the Statute of Limitations for Child Sex Abuse: New York's Child Victims Act Shouldn't Be Political, But It Is (June 10, 2010)
A Reply to Von Keetch's Comments on Clergy Child Sex Abuse and the Church of Jesus Christ of Latter-day Saints (May 27, 2010)
A Cartoonist Faces Backlash, in Sweden and the U.S., for Depicting Mohammed as a Dog: The First Amendment Lessons (May 13, 2010)
How Other Religious Organizations Echo the Roman Catholic Church's Rule Against Scandal, A Precept that Entrenches and Perpetuates Cycles of Child Sex Abuse: Orthodox Judaism, Part Two in a Two-Part Series (Apr. 29, 2010)
More on the Supreme Court's CLS v. Martinez Case, Which Asks Whether a Public Law School Can Deny Funding and Recognition to a Student Christian Organization that Excludes Gay Students: A Response to Mr. Baylor (Apr. 22, 2010)
How Other Religious Organizations Echo the Roman Catholic Church's Rule Against Scandal – A Precept that Entrenches and Perpetuates Cycles of Child Sex Abuse: Church of Jesus Christ of Latter-Day Saints, Part One in a Two-Part Series (Apr. 15, 2010)
Reflections, and an Update, on Justice Sandra Day O'Connor As She Approaches Five Years After Having Retired from the Court (Mar. 25, 2010)
The Holy See's Promoter of Justice Grants an Interview About Clergy Sex Abuse: An Ally in the Church Is Found on Statutes of Limitations of Reform (Mar. 18, 2010)
Must a Public Law School Recognize a Christian Group That Bars Gay Persons From Being Officers or Prayer Leaders? The Supreme Court Will Decide (Mar. 4, 2010)
The Pieces of the Puzzle Are Falling into Place: Catholic Officials, a Global Web of Childhood Sexual Abuse, and the Judgment of History (Feb. 18, 2010)
Children in Peril: From Haiti's Dubious Adoptions, to the Vatican's Continuing Cover-up (Feb. 4, 2010)
The Election of Scott Brown, the Newfound Power of Independents, and Why the Framers Would Be Smiling (Jan. 21, 2010)
The 2009 Holidays and the War Against Islamic Religious Zealots (Jan. 7, 2010)
The Constitutional Fight Over Holiday Symbols, and the So-Called 'War on Christmas' (Dec. 24, 2009)
The Case for Instituting Healthcare Reform at the State, Not Federal, Level (Dec. 10, 2009)
Why the Stupak Amendment to the Healthcare Reform Bill Is Unconstitutional (Nov. 12, 2009)
Why The Obama Administration Should Have Strongly Opposed the UN Religious Defamation Resolution (Oct. 29, 2009)
Why Oprah Should Be Obama's Children's Czar – and the Priorities She Should Set (Oct. 15, 2009)
From Polanski to 'Big Love': Hollywood's Twisted View of Child Sex Abuse (Oct. 1, 2009)
The NEA and Political Propaganda (Sept. 17, 2009)
Sen. Ted Kennedy's Legacy of Disdain for the Separation of Church and State (Sept. 3, 2009)
The Health Care Bill: Opposition May Be Rude, But It Is Hardly 'Un-American' (Aug. 20, 2009)
The Healthcare Bill and Its Troubling 'Religious Conscience' Exemption (Aug. 6, 2009)
The New York Catholic Conference's Aggressive Bid to Stop Reform of Child Sex Abuse Laws (July 29, 2009)
The Two P's of Gender Inequality: Prostitution and Polygamy – How the Laws Against Both Are Underenforced to Protect Men and Subjugate Women (July 9, 2009)
The Folly of the Federal Religious Freedom Restoration Act – and Texas's Too (June 23, 2009)
The Maturing of a Movement: Statute of Limitations Reform for Sex Abuse Victims (June 11, 2009)
How a Supreme Court Case Tore the Republican Party in Two (Apr. 30, 2009)
Taking Stock of the 2008 Intervention at the Texas Fundamentalist Latter-Day Saints Compound On Its One-Year Anniversary: The Lessons We Must Learn to Effectively Protect Children in the Future (Apr. 16, 2009)
The Recent Federal District Court Decision Decision Regarding the "Morning After" Pill: How It Reveals Evidence of the Bush White House's Interference with the FDA, Where Religion Displaced Science to the Detriment of the Public Good (Apr. 2, 2009)
"Civil Liberties" and Uncivil Lies: What the New York Civil Liberties Union and the Catholic League for Religious and Civil Rights Have in Common – An Agenda to Keep Child Predator Identities Secret (Mar. 19, 2009)
Getting Justice for "Justice Denied: What America Must Do to Protect Its Children": A Response to Martin and Melissa Nussbaum's Indefensible Review of My Book on Preventing Child Sex Abuse Within Religious Institutions and Outside Them (Mar. 13, 2009)
Pleasant Grove City v. Summum: The Supreme Court's Puzzling, Fascinating New Free Speech Decision (Mar. 5, 2009)
Why British Authorities Made an Error When They Refused Entry to Dutch Legislator Geert Wilders, Based on His Extremist Views on Islam and Terrorism (Feb. 19, 2009)
The Federal Investigation into the Catholic Church's Los Angeles Archdiocese Based on Allegations of a Coverup of Child Sex Abuse: Why the Grand Jury Probe Should Be Welcomed, Not Criticized (Feb. 5, 2009)
Reflections Upon President Obama's Inaugural Address (Jan. 22, 2009)
What Does It Mean, in 2009, to Be a Political or Judicial Conservative? In the Midst of a National Paradigm Shift, Defining the Term Is Increasingly Challenging (Jan. 15, 2009)
A Roundup of 2008's Developments Relating to Harms Suffered By Children in Religious Settings: Our Disturbing Current Status, and Some Signs of Progress (Jan. 8, 2009)
How the Bush Administration's Approach to Healthcare Providers' 'Conscience Rights' Illustrates Its Troublingly Unilateral Exercise of Power (Dec. 23, 2008)
The Controversy Over the Tactics that Can Be Used to Protest California's Anti-Gay-Marriage Proposition 8: What's Right, and Wrong, About a Recent High-Profile Ad By Religious Leaders (Dec. 11, 2008)
The Five Religion-Related Issues that Should Most Concern the Future Obama Administration (Nov. 13, 2008)
Can Religious Groups Receiving Federal Funds Hire Only Co-Religionists? An Issue that Divides Obama and McCain Is the Subject of a Newly-Released Department of Justice Memorandum (Oct. 30, 2008)
The Rise and Fall of John McCain, As Explained By the Principles the Framers of the Constitution Embraced (Oct. 16, 2008)
The Financial Crisis from the Viewpoint of a Constitutional Scholar: How Today's Debacle Recalls James Madison's Nightmare at the Founding that None Would Have the Virtue to Lead (Oct. 02, 2008)
Recent Developments Regarding Clergy Child Abuse: How They Reveal Both Good and Bad News About the Chances of Getting Justice for Abuse Survivors and Preventing Future Abuse (Sept. 18, 2008)
John McCain's Choice of Sarah Palin: What It Says About Him and What It Tells Moderates (Sept. 04, 2008)
The Ninth Circuit, Sitting En Banc, Attempts to Clarify the Definition of 'Substantial Burden' Under the Religious Freedom Restoration Act (RFRA): The Navajo Nation Decision (Aug. 21, 2008)
In Colorado Christian University v. Weaver, the U.S. Court of Appeals for the Tenth Circuit Adopts the Incorrect Theory that Religious Individuals Are Entitled to Exemptions from Generally Applicable Laws (Aug. 7, 2008)
The United States Senate Judiciary Committee Holds Hearings on Polygamy Crimes: What Needs to Be Done at the Federal Level to Protect Children from Abuse and Neglect (July 24, 2008)
Senator Obama's Endorsement and Promised Expansion of Faith-Based Funding: Repeating Past Mistakes, and Jeopardizing the Separation of Church and State (July 10, 2008)
Why The Costs of Sexual Abuse and the Costs of Non-Enforcement of Anti-Sexual-Abuse Laws Are Too High (Jun. 26, 2008)
The Southern Baptist Convention's Unconvincing Claims as to Why It Cannot Effectively Report or Prevent Clergy Child Abuse – and How Insurance Companies Can Exert Pressure to Ensure Better Systems (Jun. 12, 2008)
Why The Texas Supreme Court's Ruling Regarding the FLDS Mothers Is Significantly More Protective of the Children Involved than the Media Have Painted It To Be (June 3, 2008)
Why a Texas Appellate Court Seriously Erred In Concluding that Texas Child Protective Services Should Not Have Rescued All of the Children at the FLDS Compound (May 29, 2008)
An Evangelical Manifesto: How One Subgroup of Evangelical Christians Is Attempting the Redefine the Very Term 'Evangelical' (May 15, 2008)
The Rescue of Children from the FLDS Compound in Texas: Why the Arguments Claiming Due Process Violations and Religious Freedom Infringement Have No Merit (May 01, 2008)
The Supreme Court Considers Whether Imposing the Death Penalty for Child Rape Is Constitutional: The Arguments For and Against the Penalty (Apr. 17, 2008)
Two Lawsuits Draw Attention to the Abuse Suffered by Troubled U.S. Teenagers Sent to Boot Camps Abroad: Why the State Department Should Push for an International Prohibition (Apr. 03, 2008)
A Recent Conflict Over Affirmative Action Underscores The Problem with State Initiatives and Other Forms of Direct Democracy (Mar. 20, 2008)
Why Barack Obama and John McCain Face Similar Challenges, Based Upon Endorsements by Controversial Religious Leaders Who Preach Hate (Mar. 06, 2008)
How to Solve the Appalling Problem of Child Sex Abuse: Why Catholic Priest Andrew Greeley Is Very Wrong to Suggest Church Self-Policing Is the Answer (Feb. 21, 2008)
The Connecticut Supreme Court Reaches the Right Decision In a Case Under the Religious Land Use and Institutionalized Persons Act (Feb. 05, 2008)
The Supreme Court's Recent Opinion in New York State Board of Elections v. Lopez Torres: A Wise Decision to Stop Meddling in the States' Primary Systems (Jan. 24, 2008)
The Questions That Each Presidential Candidate Should Be Asked Regarding His or Her Views on the Constitutional Line Between Church and State (Jan. 10, 2008)
Toward the Future: The Lessons of the U.S. Conference of Catholic Bishops Report, and the Ways in Which We Can Protect All Children From Sex Abuse (Dec. 27, 2007)
Facts and Faith: Evaluating Mitt Romney's Recent Speech Regarding His Presidential Candidacy and His Religion, and the Press's Anemic Coverage of the Topic (Dec. 13, 2007)
How the Push for Religious Accommodation Can Go Too Far: Two Important Recent Examples (Nov. 29, 2007)
Why A Federal District Court Was Wrong to Apply Strict Scrutiny to a Washington State Law Requiring Pharmacies, But Not Individual Pharmacists, to Fill 'Plan B' Prescriptions (Nov. 15, 2007)
Religious Liberty, Same-Sex Marriage, and the Coming Pressure on Legislatures to Reach An Appropriate Permissive Accommodation of Religious Entities That Discriminate Against Gay Couples (Nov. 1, 2007)
Rudy Giuliani and His Moment to Stand Up for Child Sex Abuse Survivors (Oct. 18, 2007)
Did the Six Supreme Court Justices Who Chose to Attend the 54th Annual 'Red Mass' Exercise Bad Judgment? (Oct. 03, 2007)
In a Decision Involving O'Hare Airport's Planned Expansion, the U.S. Court of Appeals for the Seventh Circuit Rightly Rejects a Religious Land Use Claim (Sep. 20, 2007)
Three Important Developments Involving Law and Religion During The Summer Of 2007 (Sep. 06, 2007)
States Move to Enact Laws Allowing the Death Penalty for Pedophiles: A Good Sign with Respect to Public Dedication to Protecting Children, But Potentially Not the Most Effective Way to Do So (May 31, 2007)
Making Law Enforcement a Political Enterprise: Key Examples from the U.S. Attorney Scandal and the So-Called 'First Freedom Project' (May 17, 2007)
A Recent Opinion Shows a Clear Split Between Chief Justice Roberts and Justice Alito On Federalism Issues - With Roberts Displaying Justice O'Connor's Respect for the States, and Alito Lacking that Respect (May 03, 2007)
It's Time for the Supreme Court's Sony Betamax Decision to Be Reversed: The Latest in Online Copyright Infringement-- Offering Menus of Links to Illegal Video Copies of Television Shows and Movies (Apr. 19, 2007)
The Dangers of Accommodation of Religion Based on Religious Status, As Opposed to Religiously Motivated Practice, And the Duty of Religious Individuals to Obey the Law (Apr. 05, 2007)
The Supreme Court Hears Oral Argument in the First Amendment Case in Which A High School Student Was Penalized for Unfurling a 'Bong Hits 4 Jesus' Banner (Mar. 22, 2007)
When Churches Seek to Host Tent Cities of Homeless Persons, Can Localities Deny a Permit? The Controversy in Washington State, and What State Legislators Should Do About It (Mar. 08, 2007)
San Diego Bishop Robert Brom Uses the Threat of Bankruptcy to Push for a Settlement in Consolidated Clergy Child Abuse Cases: How the Diocese Is Wrongly Trying to Triangulate A Simple Issue of Accountability (Feb. 22, 2007)
Should Religious Organizations Be Exempt from a Rule that Adoption Agencies May Not Discriminate Against Potential Parents Based on Sexual Orientation? How a U.S. Supreme Court Case Can Inform a British Debate (Feb. 08, 2007)
Clergy Abuse Developments, in Denmark and California, Regarding the Jehovah's Witnesses, the Catholic Church, and an Oscar-Nominated Documentary (Jan. 25, 2007)
Two Recent Federal Appellate Decisions on Prisoners' Religious Exercise Claims: Illustrations of the Application of the Religious Land Use and Institutionalized Persons Act to the Prison Context (Jan. 11, 2007)
The Age of Intolerance: Its Consequences for America and the World (Dec. 28, 2006)
A Report Card for 2006 on Efforts to Protect Children from Sexual Abuse (Dec. 14, 2006)
The Circus That Is RLUIPA: How the Land-Use Law that Favors Religious Landowners Is Introducing Chaos into the Local Land Use Process (Nov. 30, 2006)
Representative Nancy Pelosi's Smart Proposal to Reform the Earmarking of Appropriations: How Democrats Have Turned Republican, and Vice-Versa, When It Comes to Spending (Nov. 16, 2006)
Can Religion-Affiliated Organizations Opt Out of Laws Mandating that If Their Employee Insurance Covers Prescription Drugs, It Must Also Cover Contraception? New York's Highest Court Says No (Nov. 02, 2006)
Bringing the Fight for Clergy Child Abuse Victims to an International Arena: Cases Show that California/Mexico Priest Shuffling Also Occurred (Oct. 19, 2006)
Congressman Mark Foley's Disgrace and Resignation: What Congress Should Have Learned - And Didn't - From the Catholic Church Clergy Abuse Scandal (Oct. 05, 2006)
President Bush's 'Third Awakening' and the Mixing of Church and State: The Responses He Has Provoked From Believers, As Well as Non-Believers (Sep. 21, 2006)
Two Arrests Signal a Giant Step Forward for the Civil Rights Movement for Children (Sep. 07, 2006)
A Clash Between Two Cases Involving Equality and Religious Speech: How the U.S. Court of Appeals for the Fourth Circuit's Decisions Are Inconsistent (Aug. 24, 2006)
Churches and Eminent Domain: A Move in Congress to Once Again Make Churches Privileged Landowners (Aug. 10, 2006)
Congress Passes the 'Adam Walsh Bill' to Protect Children from Abuse: It Is a Good Start, But More Needs to Be Done to Make It Effective (Jul. 27, 2006)
A Court Rules That Privately Editing Films for Content Violates Studios' Copyright: The Decision in Clean Flicks v. Steven Soderbergh and Its Cultural Context (Jul. 13, 2006)
The Public Expression of Religion Act of 2005: A Bill That Is Intended to Eviscerate the Establishment Clause (Jun. 29, 2006)
Religion's Financial Windfalls in the Bush and Clinton Eras: An Important Recent Federal Court Decision Recognizes The Threat to the Constitutional Separation of Church and State In the Prison Context (Jun. 12, 2006)
A Tribute to Judge Edward R. Becker (1933 - 2006) (Jun. 01, 2006)
How the Push for Religious Consensus Is Putting Academic Freedom At Risk: What the Law Allows, and Forbids, in This Area (May 18, 2006)
How the Laws Look the Other Way When It Comes to the Financial Improprieties of Religious Institutions, And How They Should Be Amended to Make Them Accountable (May 04, 2006)
Twenty-first Century Religion and the Backlash Against Women's Autonomy: Three Recent Events that Show that Women's Freedom Is Imperiled (Apr. 20, 2006)
A Federal Bankruptcy Judge Issues an Important Ruling in the Portland Archdiocese Bankruptcy: Why the Judge Was Right, and Why the Ruling Matters So Much For Clergy Abuse Victims (Jan. 12, 2006)
The Year in Review: Law and Religion in 2005, From 'Intelligent Design,' to the Ten Commandments, to Supreme Court Staffing Changes, to Clergy Child Abuse Developments (Dec. 29, 2005)
Kudos to the Bush Administration for Putting the Happy in Holiday -- by Sending Out Holiday Cards and Having a National Holiday Tree (Dec. 15, 2005)
Must Public Schools Allow Worship if They Allow Social and Civic Meetings? A New York Federal Court Says Yes, But The Establishment Clause Says No (Dec. 01, 2005)
Has the Catholic Church Put the Clergy Abuse Problem Behind It? Not By a Longshot: What We Have to Do To Truly Get Past the Issue (Nov. 17, 2005)
The Supreme Court Hears Its First Religion Case with Chief Justice Roberts at the Helm (Nov. 03, 2005)
The Harriet Miers Nomination: What Does Religion Have to Do With It? (Oct. 18, 2005)
The Harriet Miers Nomination: How It Shows President Bush Has Turned Full Circle (Oct. 06, 2005)
The Philadelphia Grand Jury's Report on Clergy Child Sex Abuse in the City's Archdiocese: A Lesson for All States (Sep. 22, 2005)
Republicans Face a Fork in the Road: To Remain Credible, the Party Must Be Consistent on the Crucial Issues of Federalism, Gay Marriage, and Roe v. Wade (Sep. 08, 2005)
How Senator Rick Santorum, In Acting for His Church, Persistently Fails to Consider the Larger Public Good (Aug. 11, 2005)
The Wisconsin and New Hampshire Supreme Courts Rule Against Clergy Abuse Victims: Two Decisions That Illustrate Why the Law in This Area Must Change (Jul. 25, 2005)
The Remarkable Legacy of Justice Sandra Day O'Connor (Jul. 14, 2005)
The Supreme Court Draws the Correct Ten Commandments Line: Why the Texas Display Was Constitutional, and the Kentucky Display Was Not (Jun. 29, 2005)
The Laws We Need To Pass to Properly Punish Child Abuse (Jun. 16, 2005)
The Supreme Court's New Ruling on the Religious Land Use and Institutionalized Persons Act's Prison Provisions: Deferring Key Constitutional Questions (Jun. 02, 2005)
The Long and Difficult Road to Protecting Children from Sexual Abuse: A Tale of Three States, and How They Revised Their Statutes (May 19, 2005)
Is the Solomon Amendment Constitutional? The Supreme Court Looks at the Law that Prohibits Federal Aid If a School Refuses to Permit Military Recruiters on Campus (May 05, 2005)
Senator Frist and Representative DeLay's Claims of Supreme Court Judicial Activism and Anti-Religion Bias: Why They Aren't Persuasive (Apr. 21, 2005)
The Supreme Court Considers Legislation on Prisoners' Religious Requests: Interpreting the Religious Land Use and Institutionalized Persons Act (Apr. 07, 2005)
Kentucky's Ten Commandments Display at the Supreme Court: Part Two of a Two-Part Series on This Term's Ten Commandments Cases (Mar. 22, 2005)
The Texas State Capitol's Ten Commandments at the Supreme Court: Part One of a Two-Part Series on This Term's Ten Commandments Cases (Mar. 10, 2005)
The Supreme Court Hears an Important Constitutional Case That Asks If Private Property Is Truly Taken For 'Public Use' When It Is Given to a Private Developer (Feb. 24, 2005)
Virginia's Bizarre Claim to the Supreme Court: Asserting that the Establishment Clause Does Not Constrain the States (Feb. 11, 2005)
A Federal Trial Court Dismisses a Nun-Priest Sexual Harassment Claim: A Dubious Case for Invocation of the 'Ministerial Exception' (Jan. 27, 2005)
What Will the Justice Department's Church/State Stance Be Under Alberto Gonzales? The Future of Religious Land Use and Institutionalized Persons Act Enforcement (Jan. 13, 2005)
The Legal System and Clergy Abuse in 2004: Reasons for Victims to Be At Least Somewhat Optimistic (Dec. 30, 2004)
Public Servants and the First Amendment: The Cases of the Porn-Selling Police Officer, and the Ten-Commandments-Wearing Judge (Dec. 16, 2004)
The Supreme Court Hears Oral Argument on a Possible California 'Medical Marijuana' Exception to the Federal Controlled Substances Act (Dec. 02, 2004)
A Federal Appeals Court Says A Religious Group Can Import Illegal Drugs: The Religious Freedom Restoration Act Shows Its True Colors (Nov. 18, 2004)
The Supreme Court Without Rehnquist? The Difference He Has Made, and What the Court Might Look Like Without Him (Nov. 04, 2004)
Two Important Establishment Clause Issues The Supreme Court Will Decide This Term, Relating to The Ten Commandments and a Key Federal Statute (Oct. 21, 2004)
A Massachusetts District Attorney's Clever Tactic in the Child Sex Abuse Wars: Bringing, then Dismissing, a Child Rape Indictment Against a Catholic Bishop (Oct. 07, 2004)
The Pledge Protection Act: The Lunacy of Letting Only State Courts Interpret the First Amendment (Sep. 23, 2004)
An Award of Punitive Damages Against A Religious Institution: Is It a Constitutional Violation? (Sep. 09, 2004)
The Pennsylvania Mandatory School Pledge of Allegiance Law: Why A Federal Appeals Court Was Right to Strike It Down (Aug. 26, 2004)
A Michigan Supreme Court Decision Supports Private Landowners' Rights: Its Reasoning and Possible Nationwide Ramifications (Aug. 12, 2004)
The Marriage Debate and Polygamy: Several Utah Cases Challenge Whether Anti-Polygamy Laws Are Constitutional (Jul. 29, 2004)
Did the Portland Catholic Archdiocese Declare Bankruptcy To Avoid or Delay Clergy Abuse Suits?: The Risk of Bad-Faith and Noncooperative Church Bankruptcies (Jul. 13, 2004)
The Supreme Court's Terrorism Cases: What They Held, and Why They Are Important (Jul. 01, 2004)
The Supreme Court Decision on the Pledge of Allegiance Case: Why It Raises Federalism Issues (Jun. 17, 2004)
The Supreme Court's Federalism Cases This Term: A String of Decisions Upholding Federal Power Show the Portrayal of the Court as Extreme Is A Caricature (Jun. 03, 2004)
Why the Massachusetts Supreme Judicial Court Was Right to Reject A First Amendment Defense To a Subpoena in a Clergy Abuse Case (May 20, 2004)
Why Ensuring Accountability for Clergy Sexual Abuse of Children Has Proved So Difficult, Even Though It Remains So Crucial (May 06, 2004)
The Bush Presidency and Power: The Guantanamo Cases, the Cheney Case, and the 9/11 Hearings (Apr. 22, 2004)
Is 'Ghost' Voting Acceptable? A Pennsylvania Legislator Allegedly Casts a Remote Vote, And Raises the Question Whether the Problem Is Remote Voting or Archaic Voting Technology (Apr. 08, 2004)
Contrasting a Nun's View With a Journalist's: A Review of Two Recent Books on The Catholic Church Clergy Abuse Debacle (Mar. 26, 2004)
The Court Hears Oral Argument in the 'Under God' Pledge of Allegiance Case: Why the Court Should Reject This Pledge, and Why the Department of Justice Is Wrong To Support It (Mar. 25, 2004)
Shockingly, Only 2% of Catholic Clergy Sexual Abusers Were Ever Jailed: A Demonstration that the Self-Policing of Criminal Behavior Will Never Work (Mar. 11, 2004)
The Supreme Court Issues a Monumental Decision: Equal State Scholarship Access for Theology Students Is Not Required by the Free Exercise Clause (Feb. 27, 2004)
A Recent Utah Case Asks: Is a Prohibition on Polygamy Constitutional? (Feb. 12, 2004)
California's Defeat of a State RLUIPA Bill: The Growing Backlash Against Religious Land Use and Institutionalized Persons Acts (Jan. 29, 2004)
The Catholic Church's Self-Audit on Its Clergy Child Sexual Abuse Procedures: The Fox Continues to Guard the Henhouse (Jan. 08, 2004)
Holiday Decorations, and the Religion Clauses What the Rules Are, And Why the Supreme Court Was Prescient to Clarify Them Decades Ago (Jan. 01, 2004)
The Supreme Court's Recent Landmark Campaign Finance Decision: Acknowledging the Factual Record Of Corruption in Congress (Dec. 18, 2003)
Is World Peace Through Conflict Prevention Possible? A Review of David Hamburg's No More Killing Fields (Dec. 12, 2003)
Can the State Refrain from Funding Education of the Clergy, When It Funds Secular Education? The Supreme Court Will Decide This Term (Dec. 04, 2003)
Judge Roy Moore and the Ten Commandments Controversy (Nov. 18, 2003)
The Federal Government's Intervention On Behalf of Religious Entities In Local Land Use Disputes: Why It's A Terrible Idea (Nov. 06, 2003)
The Rule of Law: Even As We Try to Export the Ideal of Justice By Law, Not Whim, Some in America Resist That Very Ideal (Oct. 23, 2003)
The First Monday in Oct., 2003: Reflections on the Beginning of a New Supreme Court Term, And A Federalism More Moderate than Many Claim (Oct. 09, 2003)
The Catholic Church Is Not the Only Culprit In the Abuse Scandal: Why Society Must Insist on Legal Reform (Sep. 25, 2003)
The Ten Commandments and American Law: Why Some Christians' Claims to Legal Hegemony Are Not Consistent with the Historical Record (Sep. 11, 2003)
The Era of Entitlement: What Alabama Judge Roy Moore, File 'Sharers,' and the Catholic Church Have in Common (Aug. 28, 2003)
Why Suing College Students for Illegal Music Downloading Is the Right Thing To Do (Aug. 05, 2003)
The Boston Grand Jury Report on Catholic Clergy Sexual Abuse: Why Its Conclusion that Criminal Charges are Stale is Wrong (Jul. 31, 2003)
The Case for Abolishing Child Abuse Statutes of Limitations, And For Victims' Forgoing Settlement In Favor of A Jury Trial (Jul. 17, 2003)
The Supreme Court's End of Term Cases: A Demonstration of the Court's Continuing Independence That Proves Commentators Wrong (Jul. 03, 2003)
It's Time For A RICO Prosecution of the Catholic Church: Governor Keating's Forced Resignation Shows the Church Will Not Reform Itself (Jun. 19, 2003)
Pretending Decades of Covering Up Child Abuse Is Not a Crime: Why the Phoenix Settlement Agreement Is Insufficient (Jun. 05, 2003)
Why President Bush's 'New' Emphasis on Religion Is Hardly New: A Look Back at the Clinton Administration and Religion (May 22, 2003)
The D.C. District Court's Recent Campaign Finance Opinions: The Fourteen-Pound Tome Underscores the Policy, As Well as Legal, Problems with the Act (May 08, 2003)
Finding the Right Government for Iraq: U.S. History Shows That It May Take Time, Patience, Rethinking, and Amendment (Apr. 26, 2003)
How Congress Undermined the American Dream: The Effect of the Religious Land Use and Institutionalized Persons Act on Residential Neighborhoods (Apr. 24, 2003)
The Catholic Church and the Clergy Abuse Scandal: Act Three (Apr. 10, 2003)
The Elizabeth Smart Case: Why We Need Specific Laws Against Brainwashing (Mar. 27, 2003)
The Supreme Court's 'Three Strikes' Opinion: Another Strike for Federalism (Mar. 13, 2003)
Will State Legislatures Stand Up to the Catholic Church, and Pass Strong Anti-Child Abuse Laws? Maryland's Example Suggests It Will Be A Tough Fight (Feb. 24, 2003)
Now that the Supreme Court Has Declined to Limit Copyright Duration, Those Who Want to Shorten the Term Need to Look At Other Options, Including Constitutional Amendment (Feb. 13, 2003)
Why the U.S.'s International Religious Freedom Commission Is Harming Its Status In the World Community (Jan. 30, 2003)
The Catholic Church, The Insurance Carriers, And Why The First Amendment's Religious Freedom Guarantees Provide No Defense In The Clergy Abuse Cases (Jan. 16, 2003)
Are Federalism, and the States, Really Anti-Civil Rights, as Liberals Often Claim?: The Claim Defies the Facts, Constitution, and Logic (Jan. 02, 2003)
Why Cardinal Bernard Law's Resignation Is A Brief, But Shining Moment For The Law, And How It May Fit Into The Larger Church Scandal (Dec. 19, 2002)
In The Time Of The War On Terrorism, It's Also Time To Rethink How We Treat Our Veterans, As The Old Soldiers And Airmen's Home Debacle Shows (Dec. 05, 2002)
The Vatican, The Bishops, And The State Religious Freedom Restoration Acts: Why The Dallas Agreement And Vatican Norms Are Insufficient To Ensure Clergy Child Abuse Will Be Properly Reported (Nov. 21, 2002)
How Existing State Religious Freedom Restoration Acts May Be Used To Help Cover Up Clergy Child Abuse, And Why States Considering RFRAs Should Think Again (Nov. 07, 2002)
Mickey Mouse Versus Wired Magazine: The Supreme Court Considers Whether a Law Extending the Copyright Term is Constitutional (Oct. 24, 2002)
Why New Jersey Should Never Have Funded A Poet Laureate In The First Place: The Real Lesson Of The Amiri Baraka Scandal (Oct. 10, 2002)
Where Not To Draw The Line, When It Comes To Constitutional Rights: The Left, Federalism, And The War Against Terror (Sep. 26, 2002)
Was Church/State Separation Part of the Original Constitution? A Review of Philip Hamburger's Provocative Recent Book on Separation's History (Sep. 20, 2002)
The Constitutional Threats We Face From Without But Also From Within, A Year After 9/11 (Sept. 09, 2002)
A Religious Bias Suit By Evangelical Chaplains Against The Navy: The Law Confronts Denominational Diversity (Aug. 29, 2002)
Protecting Religious Institutions' Right To Political Speech: Why The House Of Worship Political Speech Protection Act Should Be Enacted (Aug. 15, 2002)
The Ongoing Fight For Religious Dominance: From The Secret Service Agent's Slur, To Critiques Of The Ninth Circuit's Pledge Of Allegiance Decision (Aug. 01, 2002)
The Virtue Of The Supreme Court's Federalism Cases: The Necessary Constitutional Role Of The States (Jul. 18, 2002)
Why The Supreme Court's Recent Vouchers Opinion Was Wrong, And Also Typical Of The Court's Establishment Clause Approach (Jul. 01, 2002)
'Subject To The Approval Of The Vatican': Why The American Catholic Church May Be Forced To Choose Between Schism From Rome And Marginalization (Jun. 20, 2002)
How The National Conference Of Bishops' Proposal On Handling Child Abuse Should Be Changed: The Devil Is In The Details (Jun. 06, 2002)
An Action Plan For The Catholic Church: Making Children--Not The Church--The Focus For The June Meeting Of Bishops (May 23, 2002)
Ending The Game Of Nominations Keep-Away: Why We Must Confirm Judicial Nominees And Restore The Courts To Good Health (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 (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 (Apr. 19, 2002)
How Sept. 11 Altered The Perceived Place And Role Of Religion In The United States: Why The Catholic Church Scandal Is Surfacing Now (Apr. 11, 2002)
Sacrificial Lambs?: Child Abuse, Religious Exemptions, And The Separation Of Church And State (Mar. 28, 2002)
The Ten Commandments In Court: Power And Its Abuse (Mar. 14, 2002)
Churches, Children, And Government Money: How Faith-Based Initiatives And Vouchers Can Increase Churches' Accountability (Feb. 28, 2002)
Let The Churches Speak And Be Accountable (Feb. 14, 2002)
Getting To Even In The Music Industry: Headliner Musicians Push A California Law To Equalize Bargaining Power (Jan. 31, 2002)
Struggling With Churches As Neighbors: Land Use Conflicts Between Religious Institutions And Those Who Reside Nearby (Jan. 17, 2002)
Punishing John Walker, the “American Taliban”: Has Walker’s Religious Quest Convinced the Administration to Go Easy? (Jan. 03, 2002)
The Universal City Studios v. Reimerdes Case: The DMCA, Decryption, And Building Fences In Cyberspace (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 (Dec. 06, 2001)
Vouchers, Religious Schools, And The Establishment Clause: Why The Supreme Court Will Probably Strike Down Ohio's Voucher System (Nov. 22, 2001)
How Law Schools Get In The Way Of On-Campus Military Recruitment, Even After Sept. 11 - And Why They Need To Stop (Nov. 08, 2001)
Federalism And Sept. 11: Why The Tragedy Should Convince Congress To Concentrate On Truly National Topics (Oct. 25, 2001)
An Open Letter To Mr. Bin Laden From The United States Constitution (Oct. 11, 2001)
Playing Into The Taliban's Hands: The Mistake Of Treating This War As Christianity Versus Islam (Sep. 21, 2001)
When Extremists Test The Constitutional Order: Reflections On The Recent Terrorist Acts (Sep. 13, 2001)
Why The Constitution's Church/State Separation Is Vital: Examples From The Faith-Based Organizations Initiative To The Taliban Social Security And The American Worker (Aug. 30, 2001)
Children, Churches, And The Law: Massachusetts' Proposal To Require Clergy To Report Child Abuse (Aug. 16, 2001)
The Salvation Army, Church, And State: A Closer Look At The Charity's Proposed Deal With The White House (Aug. 02, 2001)
The Story Of, And The Rhetoric About, The Supreme Court's 'Peyote Case': A Review Of Two Books On A Leading Free Exercise Decision (Jul. 27, 2001)
Why Gary Condit Should Resign (Jul. 19, 2001)
How United States Church-State Relations Play On The World Stage (Jul. 05, 2001)
Justice Sandra Day O'connor's Twenty Years On The Supreme Court: Part Two: Justice O'connor As The First Woman Justice (Jun. 21, 2001)
Justice Sandra Day O'Connor's Twenty Years on the Supreme Court: Part One: Justice O'Connor as a Jurist (Jun. 07, 2001)
Should U.S. Intellectual Property Rights Change to Fit World Norms? (May 24, 2001)
General Land Use Laws And Religious Buildings: The Controversy Heats Up (May 10, 2001)
Opening Up The Law Schools: Why The Federalist Society Is Invaluable To Robust Debate (Apr. 25, 2001)
The Recount Of The Recount: Three Lessons We Can Learn (Apr. 12, 2001)
Bringing The People Into The Copyright Arena (Mar. 29, 2001)
Religion, Public Funds And Accountability (Mar. 15, 2001)
The Supreme Court's Decision in Garrett, the Americans with Disabilities Act, and Bush v. Gore (Mar. 01, 2001)
The Ninth Circuit's Napster Decision (Feb. 15, 2001)
The Hacker Utopia Versus The Copyright Law (Feb. 01, 2001)
The Ashcroft Nomination: Separating The Man From The Office (Jan. 18, 2001)
Intellectual Property Issues For The Next Administration (Jan. 04, 2001)
Holding the Press Accountable as it 'Recounts' (Dec. 21, 2000)
Why The Supreme Court's Opinion Was Neither Partisan Nor Political (Dec. 14, 2000)
The Election -- Not A Constitutional Crisis, After All (Dec. 07, 2000)
The Story Behind The MP3.Com Judgment (Nov. 23, 2000)
Why The Supreme Court Truly Matters Today (Nov. 09, 2000)
George W.: A True Bipartisan (Oct. 26, 2000)
The Internet Honeymoon Is Over (Oct. 12, 2000)
The Constitution And Your CDs (Sep. 19, 2000)
The ADA And Feel-Good Legislation (Jul. 27, 2000)
Click HERE for all of Marci Hamilton's FindLaw.com columns.