She parallels those who would stop the mosque due to "sensitivities" to those who say that depictions of Muhammad should not be published due to "sensitivities." In each case, Hamilton argues, the law is clear: First Amendment speech and religion rights should win the day.Hamilton also contrasts the controversy in New York to one in Texas -- where a proposal for a religious building was denied, but apparently the denial was based on generally-applicable, non-discriminatory grounds.Find Law columnist and Cardozo law professor Marci Hamilton comments on the larger issues raised by the ongoing controversy about the planned mosque in Lower Manhattan.Hamilton argues that the mosque controversy illustrates three fault lines in the way Americans think about religion: (1) The tendency to oversimplify issues of religious identity, suggesting that there is only one set of beliefs that can characterize each faith; (2) a tendency of religious organizations and their lobbyists to put self-interest above the public interest; (3) a failure to draw a clear line line between constitutionally-protected religious beliefs and unprotected illegal actions that are done in the name of religion, or that are done within a religious institution.Find Law columnist and Cardozo law professor Marci Hamilton comments on America's approach to terrorism, in the wake of the recent plot by teenager Mohamed Osman Mohamud to set off a bomb at a crowded Portland, Oregon tree-lighting ceremony -- which was followed by what appears to have been an act of arson at the mosque Mohamud had attended.Hamilton contends that, while it's obvious that culprits like Mohamud and the arsonist belong in jail, it's less obvious what general strategy America should take toward homegrown terrorism.She also contends that the foiled plot should help teach us valuable lessons, such as (1) that we are not very good at identifying homegrown terrorists, especially when they have a westernized appearance; (2) that we are not well-aware of the activities and doctrine taught in the extremist subset of American mosques; and (3) that, more generally, the public needs more information on jihadism within America's borders.While Hamilton sharply challenges the claim that all Muslims are necessarily extremists, she calls for more information on, and investigation of, genuine extremists and the nature of their beliefs.
In addition, she describes the new RFRA efforts in Louisiana, Colorado and North Dakota. Professor Hamilton is an internationally recognized expert on constitutional and copyright law. Professor Hamilton clerked for Associate Justice Sandra Day O'Connor of the United States Supreme Court and Chief Judge Edward R. She has been a visiting scholar at Princeton Theological Seminary, the Center of Theological Inquiry, and Emory University School of Law.Find Law columnist and Cardozo law professor Marci Hamilton comments on the controversy regarding the plan to build a mosque in Lower Manhattan, near Ground Zero.Drawing a parallel to the Supreme Court's Korematsu case, Hamilton suggests that the mosque controversy shows that we have lost sights of the values and rights for which we go to war -- such as the right to believe as one wishes without government censorship or penalty, and the refusal to discriminate based on religion, national origin, or ethnicity.A review of Justice Denied appeared on this site on June 25, 2008. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005), now available in paperback. Find Law columnist and Cardozo law professor Marci Hamilton comments on ten developments, in ten different states across the nation, regarding statutes of limitations in child-sex-abuse cases.As Hamilton explains, states are considering issues such as whether to create a "window" in which child-sex-abuse cases can be brought despite the expiration of statutes of limitations; whether to lengthen existing statutes of limitations; and whether the recovery of repressed memories should affect statutes of limitations.), and that it arguably violates the separation of church and state -- particularly in light of the fact that some legislators said they supported the referendum in order to protect the State's Judeo-Christian heritage.Find Law columnist and Cardozo law professor Marci Hamilton lauds the Methodist church's recently-announced position, supporting the National Organization of Women's view that clergy should be among the categories of professionals who can be charged with a crime for having unlawful sexual relations with those they are advising.The new policies would require an internal Church trial and call for compliance with civil reporting statutes.But Hamilton points out that internal trials will not protect children outside the church, who still may unknowingly face abusers; and that the Church has lobbied hard for clergy and confessional exceptions to the very civil reporting statutes it now says it will follow.