Marci Hamilton
Encyclopedia
Marci Hamilton is the Paul R. Verkuil
Chair of Public Law
at the Benjamin N. Cardozo School of Law
and a widely-regarded scholar in constitutional law
. She is an expert on and advocate for the U.S. Constitution's required separation of church and state.
from Vanderbilt University
in 1979. She then earned a Master's degree
at Pennsylvania State University
and a Juris Doctor
from the University of Pennsylvania Law School
, where she was editor-in-chief of the Law Review
.
Hamilton served as a law clerk
for Justice
Sandra Day O'Connor
of the Supreme Court of the United States
and Chief Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit
.
She was the lead counsel for the city of Boerne, Texas, in Boerne v. Flores before the U.S. Supreme Court.
Hamilton is a critic of the Utah Attorney General's office for not vigorously prosecuting polygamists in the state. She indicated that arguments against prosecution based on due process violations and alleged violations of religious freedom had no merit. However, this position has been criticized as one based on legal theory that ignores the reality of limited amounts of evidence and limited government resources.
Her children are William Kuzma and Alexandra Kuzma.
in 2005 to discuss her book God vs. the Gavel. She advocates for the removal of religious exemptions for medical neglect, where Christian Scientists and others are permitted to only pray for children who are dying of easily curable diseases.
However, God vs. the Gavel also drew stern academic criticism from Professor Douglas Laycock of the University of Virginia Law School. In a law review article entitled A Syllabus of Errors, Professor Laycock wrote: “Occasional errors are inevitable, but [in God vs. the Gavel ] the extraordinary number of errors, often with reference to famous cases and basic doctrines, implies a reckless disregard for truth. I document these errors for a reason. No one should cite this book. No one should rely on it for any purpose. You might use its footnotes as leads to other sources, but take nothing from this book without independent verification. . . . Legal scholars may be advocates, and they may reach out to nonscholarly audiences, but every scholar has a minimum obligation of factual accuracy and intellectual honesty. God vs. the Gavel does not come close to meeting either standard. . . . Its many footnotes offer the patina of scholarship, but there is no substance of scholarship. This book is unworthy of the Cambridge University Press and the Benjamin N. Cardozo School of Law.” Douglas Laycock, A Syllabus of Errors, 105 Mich. L. Rev. 1169, 1187-88 (2007).
Laycock's positions on these issues are known to be the polar opposite of Hamilton's--they often debate publicly, and spar in law reviews as well. The on-going Debate between Professor Laycock and Professor Hamilton continues. Her response to his aggressive, and borderline personal review of her book is available here:http://www.cardozo.yu.edu/uploadedFiles/Cardozo/Profiles/hamilton02-447/A%20RESPONSE%20TO%20PROFESSOR%20LAYCOCK.pdf
Paul R. Verkuil
Paul Robert Verkuil is an attorney, former dean of the Tulane University Law School, former president of the College of William and Mary, and former dean of Cardozo School of Law. He has also served as the CEO of the American Automobile Association from 1992 to 1995. He is currently on the...
Chair of Public Law
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
at the Benjamin N. Cardozo School of Law
Benjamin N. Cardozo School of Law
The Benjamin N. Cardozo School of Law is the law school of Yeshiva University, located in the New York City borough of Manhattan. The school is named for Supreme Court Justice Benjamin N. Cardozo. Cardozo's success as a young school has been remarkable, leading some to characterize Cardozo as a...
and a widely-regarded scholar in constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
. She is an expert on and advocate for the U.S. Constitution's required separation of church and state.
Background
Hamilton received her Bachelor of ArtsBachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Vanderbilt University
Vanderbilt University
Vanderbilt University is a private research university located in Nashville, Tennessee, United States. Founded in 1873, the university is named for shipping and rail magnate "Commodore" Cornelius Vanderbilt, who provided Vanderbilt its initial $1 million endowment despite having never been to the...
in 1979. She then earned a Master's degree
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
at Pennsylvania State University
Pennsylvania State University
The Pennsylvania State University, commonly referred to as Penn State or PSU, is a public research university with campuses and facilities throughout the state of Pennsylvania, United States. Founded in 1855, the university has a threefold mission of teaching, research, and public service...
and a Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the University of Pennsylvania Law School
University of Pennsylvania Law School
The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report,...
, where she was editor-in-chief of the Law Review
University of Pennsylvania Law Review
The University of Pennsylvania Law Review is a law review focusing on legal issues, published by an organization of second and third year J.D. students at the University of Pennsylvania Law School. It is the oldest law journal in the United States, having been published continuously since 1852...
.
Hamilton served as a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
and Chief Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
.
She was the lead counsel for the city of Boerne, Texas, in Boerne v. Flores before the U.S. Supreme Court.
Hamilton is a critic of the Utah Attorney General's office for not vigorously prosecuting polygamists in the state. She indicated that arguments against prosecution based on due process violations and alleged violations of religious freedom had no merit. However, this position has been criticized as one based on legal theory that ignores the reality of limited amounts of evidence and limited government resources.
Her children are William Kuzma and Alexandra Kuzma.
Media Appearance and Scholarly Controversy
Hamilton appeared on The Daily ShowThe Daily Show
The Daily Show , is an American late night satirical television program airing each Monday through Thursday on Comedy Central. The half-hour long show premiered on July 21, 1996, and was hosted by Craig Kilborn until December 1998...
in 2005 to discuss her book God vs. the Gavel. She advocates for the removal of religious exemptions for medical neglect, where Christian Scientists and others are permitted to only pray for children who are dying of easily curable diseases.
However, God vs. the Gavel also drew stern academic criticism from Professor Douglas Laycock of the University of Virginia Law School. In a law review article entitled A Syllabus of Errors, Professor Laycock wrote: “Occasional errors are inevitable, but [in God vs. the Gavel ] the extraordinary number of errors, often with reference to famous cases and basic doctrines, implies a reckless disregard for truth. I document these errors for a reason. No one should cite this book. No one should rely on it for any purpose. You might use its footnotes as leads to other sources, but take nothing from this book without independent verification. . . . Legal scholars may be advocates, and they may reach out to nonscholarly audiences, but every scholar has a minimum obligation of factual accuracy and intellectual honesty. God vs. the Gavel does not come close to meeting either standard. . . . Its many footnotes offer the patina of scholarship, but there is no substance of scholarship. This book is unworthy of the Cambridge University Press and the Benjamin N. Cardozo School of Law.” Douglas Laycock, A Syllabus of Errors, 105 Mich. L. Rev. 1169, 1187-88 (2007).
Legal/Social Commentary
- God vs. the Gavel (2007), ISBN 0-521-70338-7
- Justice Denied (2008), ISBN 0-521-88621-X
Reviews
Laycock's positions on these issues are known to be the polar opposite of Hamilton's--they often debate publicly, and spar in law reviews as well. The on-going Debate between Professor Laycock and Professor Hamilton continues. Her response to his aggressive, and borderline personal review of her book is available here:http://www.cardozo.yu.edu/uploadedFiles/Cardozo/Profiles/hamilton02-447/A%20RESPONSE%20TO%20PROFESSOR%20LAYCOCK.pdf
External links
- Cardozo Faculty Page
- FindLaw.com's page on Professor Hamilton
- Board Member of NAPSAC
- Advisory Board Member of The Awareness Center, Inc.The Awareness Center, Inc.The Awareness Center, Inc., also known as the Jewish Coalition Against Sexual Abuse/Assault, was a nonprofit institution whose stated mission was to end sexual violence in the Jewish community...