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The Clergy Sex Abuse Crisis and the Legal Responses
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Table of Contents

Preface

PART I: CONTEXT & BACKGROUND
Chapter 1 Introduction to a Complex Problem
Chapter 2 Understanding the Patterns of Clergy Abuse Litigation

PART II: CIVIL LITIGATION
Chapter 3 Civil Litigation Against Catholic Dioceses, Parishes and Priests
Chapter 4 Participants in the Clergy Abuse Case

PART III: HANDLING ABUSE CLAIMS
Chapter 5 Delays & Limitations in Clergy Abuse Claims

PART IV: OTHER RELATED ISSUES
Chapter 6 Effects of Criminal Charges & Plea Agreements
Chapter 7 Church Insurance & Abuse Claims
Chapter 8 Constitutional Issues
Chapter 9 Bankruptcy Issues
Chapter 10 Mandated Abuse Reporting Issues
Chapter 11 Evidence Privileges & Clergy Abuse Issues
Chapter 12 Repressed Memory Inducement Cases
Chapter 13 Fraud and Nondisclosure in the Assignment of Clergy
Chapter 14 Defenses & Claims of Immunity
Chapter 15 Damages Issues
Chapter 16 Fiscal Impacts of Abuse Cases on the U.S. Catholic Church
Chapter 17 Impact of Abuse Cases on External Relations of the Catholic Church
Chapter 18 Responses Vary Inside & Outside the United States
Chapter 19 The Church's Internal Big Picture - Governance and Law
Chapter 20 How Episcopal Culture Contributed to Administrative Failure
Chapter 21 The Development of the Problem: 1950 to 2002
Chapter 22 The Perfect Storm in Canon Law: What Went Wrong
Chapter 23 2002 and Beyond
Chapter 24 The Particular Issues of Religious Communities
Chapter 25 The Investigation and Pretrial Canonical Process
Chapter 26 The Accuser and The Canonical Process
Chapter 27 Canonical Penal Trials and Outcomes
Chapter 28 Limitations and Weaknesses in the Canonical Penal System
Chapter 29 Clergy Abuse Issues in Non-Roman Catholic Denominations

Chronology

Bibliography

Index

About the Author

James T. O'Reilly is a Professor at the University of Cincinnati College of Law. He was President of the Archdiocesan Pastoral Council under Archbishop (later Cardinal) Joseph Bernardin. He has served as a state police officer, taught criminal law and published several books on criminal investigatory procedure. His legal article on church accountability was accepted by state appeals courts in several states. He is co-author of Punishing
Corporate Crime: Legal Penalties for Criminal and Regulatory Violations (Oxford University Press, 2009).

Margaret S. P. Chalmers has worked for many years in canon law, and as a civil attorney. She worked for the Diocese of Birmingham in Alabama for ten years, and has been an adjunct professor in the Honors College at the University of Alabama. She is currently the Chancellor of the Personal Ordinariate of the Chair of Saint Peter, as well as being in canonical practice with Canon Law Professionals. She is a member of the Canon Law Society of America as well as a member of the
Alabama State Bar. Her articles have been published in both Studia Canonica and CLSA Proceedings.

Reviews

"The Clergy Sex Abuse Crisis is a comprehensive handbook for anyone contemplating action against the church or for those wanting to understand the complexities of the civil and canon law. The steps in criminal prosecution and civil litigation are carefully spelled out." -Frank Brennan, S.J, American Magazine
"The book is as much a textbook for those in the legal profession, law enforcement and in the Catholic Church, who might have to deal with clergy sex abuse cases, as it is a work for Catholics, including clergy child sex abuse victims, and others, trying to understand the multiple facets of the legal side of clergy child sex abuse cases." -Carolyn M. Warner, Criminal Law and Criminal Justice Books
"The heart of the book reads like a primer for someone stepping into the litigation...the book is overall a thoughtful and thorough legal analysis-both secular and religious-about the crisis and its profound effect on the survivors and the Catholic Church in the short and long term." -Jerome F. O'Neill, Trial magazine

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