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Justice Denied: What America Must Do to Protect its Children
 
 
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Justice Denied: What America Must Do to Protect its Children [Hardcover]

Marci A. Hamilton (Author)
4.3 out of 5 stars  See all reviews (11 customer reviews)

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Book Description

052188621X 978-0521886215 April 7, 2008 1
Recent events such as the clergy abuse scandal in the Catholic Church have brought the once-taboo subject of childhood sexual abuse to the forefront. But despite increasing awareness of the problem, the United States has not succeeded in establishing effective means of deterring and preventing it, leaving the children of today and tomorrow vulnerable. Hamilton proposes a comprehensive yet simple solution: eliminate the arbitrary statutes of limitation for childhood sexual abuse so that survivors past and present can get into court. Removing this merely procedural barrier permits the millions of survivors to make public the identities of their perpetrators and to receive justice and much-deserved compensation. Standing in the way, however, are formidable opponents such as the insurance industry and the hierarchy of the Roman Catholic Church. In Justice Denied, Hamilton predicts a coming civil rights movement for children and explains why it is in the interest of all Americans to allow victims of childhood sexual abuse this chance to seek justice when they are ready.

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Editorial Reviews

Review

"Too many 'talk the talk' of making children a priority in society. What Hamilton has done with her book is to show a clear and simple way that policymakers can 'walk the walk'. . . [she] clearly and articulately connects the value of using civil law as a tool to protect children. "
--Ted Thompson, Executive Director, NAPSAC (Natl Assn to Prevent the Sexual Abuse of Children)


"This brave book is one all lawmakers should read."
--Jason Berry, author of Lead Us Not Into Temptation


"In understandable, eloquent prose, Marci Hamilton makes the case for abolishing a statutory scheme that protects sexual predators and which closes our courtrooms to maltreated children. Although it is too late to claim the honor of having acted quickly to address this injustice, this book shows us how to avoid the disgrace of having never acted at all."
--Victor Vieth, Director, National Child Protection Training Center


"Hamilton is absolutely right: a vigorous and effective children's civil rights movement is long overdue . . . I applaud Marci Hamilton for leading the way with her outstanding legal scholarship, advocacy and passion for justice!"
--Eileen King, Regional Director, Justice For Children


"Hamilton provides a compelling case that demonstrates that the interests of insurance companies, unions, churches, and schools will always trump the safety of children unless we do something about it. Hamilton tells us what we can do, how to do it, and why it will work."
--Charol Shakeshaft, Chairperson and Professor, Department of Educational Leadership, Virginia Commonwealth University


"Professor Hamilton combines genuine sensitivity to the plight of survivors of childhood sexual abuse with in depth expertise in the working of the legal system. "
--Barbara Bennett Woodhouse, Director, Center on Children and Families, Fredric G. Levin College of Law, University of Florida


"A powerful call to action by one of America's leading constitutional scholars. Marci Hamilton makes clear what must be done if we are to prevent the continued sexual abuse of children."
--Jeff Dion, National Center for Victims of Crime.


"...Hamilton tackles the issue head-on but in language that is clearly written and not full of unnecessary legalese...I encourage you to read Hamilton's book."
---Bucks County Courier Times, Diane Shea, Langhorne, adjunct professor, Holy Family University and former director, residential services for Elwyn, Inc.

"Professor Marci A Hamilton, a law professor at Cardozo School of Law, has written a strong and well researched book....a must-read for lawyers who have represented victims or, as Professor Hamilton refers to them, survivors, of sexual abuse."
--Herbert J. Friedman, The Nebraska Lawyer


"Justice Denied is about one of the most horrendous offenses against children short of murder: child sexual abuse....The author paints a vivid and shocking picture of child sexual abuse which should disavow the attitudes of those who think its limited to sinister looking street denizens in dirty trench coats.... Marci Hamilton's book is short and to the point. Its last sentence sums up the book and the cause: "It is an either/or choice: we can either protect the predators or the children." This book concludes with the hope that it will be so for the right of children and their parents to live in a society without fear of sexual assault."
-- Thomas P. Doyle, is a Dominican priest and served as a canon lawyer at the Vatican Embassy. Doyle is the author of Sex, Priests, and Secret Codes: The Catholic Church's 2,000-Year Paper Trail of Sexual Abuse with A.W. Richard Sipe and Patrick Wall.


"Argues for removing states' statutes of limitation for cases of child sexual abuse..."
--Chronicle of Higher Education


"...an impassioned plea to lawmakers and the "uniformed public" (p. 108) to tackle the problem of child sexual abuse in the United States..."
--Harvard Law Review

Book Description

In Justice Denied, Hamilton proposes the elimination of the arbitrary barrier that has kept survivors of childhood sexual abuse out of court - the statutes of limitation. Removing this merely procedural barrier permits the millions of survivors to make public the identities of their perpetrators and to receive justice and much-deserved compensation.

Product Details

  • Hardcover: 168 pages
  • Publisher: Cambridge University Press; 1 edition (April 7, 2008)
  • Language: English
  • ISBN-10: 052188621X
  • ISBN-13: 978-0521886215
  • Product Dimensions: 9.1 x 5.9 x 0.9 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 4.3 out of 5 stars  See all reviews (11 customer reviews)
  • Amazon Best Sellers Rank: #846,916 in Books (See Top 100 in Books)

More About the Author

MARCI A. HAMILTON is one of the United States' leading constitutional law scholars, specializing in church/state issues. During the academic year 2007-08, she is a Visiting Professor of Public Affairs and the Kathleen and Martin Crane Senior Research Fellow in the Program in Law and Public Affairs at Princeton University.

Professor Hamilton holds the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University. She is the author of Justice Denied: What America Must Do to Protect Its Children (Cambridge 2008) and GOD VS. THE GAVEL: RELIGION AND THE RULE OF LAW (Cambridge University Press 2005, 2007). She is also a columnist on constitutional issues for www.findlaw.com, where her column appears every other Thursday.

Professor Hamilton is frequently asked to advise Congress and state legislatures on the constitutionality of pending legislation and to consult in cases involving important constitutional issues. She is the First Amendment and constitutional law advisor for victims in many clergy abuse cases involving many religious institutions, including the federal bankruptcies filed by the Portland Archdiocese, Spokane Diocese, and San Diego Diocese. She also advises cities and neighborhoods in cutting edge cases dealing with the Religious Land Use and Institutionalized Persons Act. She was lead counsel for the City of Boerne, Texas, in Boerne v. Flores, 521 U.S. 507 (1997), before the Supreme Court in its seminal federalism and church/state case holding the Religious Freedom Restoration Act unconstitutional.

Professor Hamilton clerked for Associate Justice Sandra Day O'Connor of the United States Supreme Court and Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit. She received her J.D., magna cum laude, from the University of Pennsylvania Law School where she served as Editor-in-Chief of the University of Pennsylvania Law Review. She also received her M.A. in Philosophy and M.A., high honors, in English from Pennsylvania State University, and her B.A., summa cum laude, from Vanderbilt University.



 

Customer Reviews

11 Reviews
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Average Customer Review
4.3 out of 5 stars (11 customer reviews)
 
 
 
 
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1 of 1 people found the following review helpful:
4.0 out of 5 stars Still waiting...., May 15, 2011
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This review is from: Justice Denied: What America Must Do to Protect its Children (Hardcover)
I am a survivor, and a recovering Catholic.
.
I suffered at the hands of family members and religious heathens!
.
With a stroke of the pen those SOL laws can be abolished.
.
I have waited for many years. I thought this book would start the long process of vindication for us. Like millions before and since me, we wait. Will justice ever come to us? Or will the politicians continue to aide and abet in the protection of those that harmed for life all of the little children, still hiding in the shadows, of shame and hurt.
.
Ms. Hamilton, will you stand for us or continue to fall for the lies and procrastinations, of your fellow colleagues in the legal realms? Will you demand justice for us and those that are being abused as I write this? Will you do for us, as you do for those you represent in a court of law? Will you do your Grandfather proud,...again? Or leave a legacy of shame for your children?
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11 of 16 people found the following review helpful:
5.0 out of 5 stars Must read...the painful truth, May 6, 2008
This review is from: Justice Denied: What America Must Do to Protect its Children (Hardcover)
Children had almost no personal rights through the middle ages. They were often punished as adults but had less perceived value than chattel. In our era we pride ourselves on our enlightened approach to childens' rights and welfare. If you believe we are truly enlightened this book will shatter that belief. Professor Hamilton describes the legal quirk whereby victims of child abuse are denied their day in court and perpetrating abusers are enabled by the law. The concept of the Statute of Limitations is designed to prevent miscarriages of justice yet in the case of child abuse it promotes them. Child abuse abvocates and victims have struggled for changes in State legislation to promote laws that are far more protective of children and their rights. The shocker is that the two institutions that have done the most to prevent enlightened legislation are the institutional Catholic Church, mostly the bishops, and the insurance industry. The Church is afraid to bare its secrets and lose its power (and money too) and the insurance industry blatantly puts its money way before the welfare of children. This book is solid. It is not a polemic. It is a painful and at times shocking revelation of well documented facts by a leading constitutional legal scholar and fearless advocate for the rights of children. Get the book. You'll be shocked, scandalized, angry and hopefully motivated to insist that your lawmakers do the right thing.
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3.0 out of 5 stars Good book, May 31, 2010
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This review is from: Justice Denied: What America Must Do to Protect its Children (Hardcover)
This is an informative book written by an expert in the subject of statutes of limitation [SOL] on sexual abuse against children. It was timely for me, as the Florida legislature had just passed a law doing away with SOL'S for the crime of sex abuse against children. I wrote to our Governor an urged him to sign the new legislation into law. Gov. Crist did sign the bill and it goes into effect on July 1, 2010. That's a god thing.
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
justice denied, window legislation, child sex abuse survivors, sexual abuse insurance, child sex abuse victims, clergy abuse, child predators
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Catholic Church, United States, Megan's Law, Protect Children, The Other Barriers, Boston Globe, Supreme Court, Stranger Danger, Los Angeles Archdiocese, Boston Archdiocese, Los Angeles Times
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