James R. Marsh
Founding Partner
James has been licensed to practice law in New York and the District of Columbia for almost thirty years, and recently became licensed in his home state of Michigan. A University of Michigan Law School graduate, James represents victims and survivors of sex abuse in religious, educational, governmental, and military institutions; campus sexual assault and rape, online sexual exploitation; child pornography; sextortion and revenge porn.
About
James R. Marsh has over 30 years’ experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts, the United States Congress and state legislatures, and the United States Supreme Court. The organization he founded in Washington, DC—the Children’s Law Center—has helped over 50,000 at-risk and vulnerable children receive free legal advocacy over the past 25 years valued over $125 million. James is the board chair of Child USA, a think tank headed by Marci Hamilton, which engages in research-based public policy advocacy for children.
James has been instrumental in passing major laws on behalf of victims and survivors of childhood sexual abuse including the federal Amy Vicky and Andy Act, the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act, the States and Victims to Fight Online Sex Trafficking Act (FOSTA), Masha’s Law, and New York’s Child Victim’s Act. He created the Children’s Justice Fund to serve victims of child trafficking, child sex abuse, online child sexual exploitation, and child pornography.
His case on compensation for victims of child pornography in federal criminal restitution proceedings was decided by the United States Supreme Court in 2014. That case, United States v. Paroline, led to the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 which passed the House and Senate by unanimous consent and was signed into law on December 7, 2018.
James is an experienced trial attorney and frequent commentator, lecturer, and author on legal issues affecting children and victims of sex abuse and exploitation. He founded the Marsh Law Firm in New York which is recognized worldwide for its work helping sexually abused victims and survivors obtain justice and rebuild their lives with dignity and respect.
Practice Areas
- Child Sex Abuse
- Child Pornography
- Criminal Restitution
- Title IX Sex Discrimination
- Campus Sexual Assault and Harassment
- Crime Victim’s Rights
- Sextortion and Revenge Porn
- Federal Tort Claims Act Sexual Abuse
- Internet Privacy Law
- Children’s Rights
- Federal Appeals
Education
J.D., University of Michigan Law School (1990)
A.B. – University of Michigan (1987)
Graduated cum laude and with distinction
Certificates
Understanding Trauma: Foundations by Bessel van der Kolk, M.D. (2019)
The Complexity of Adaptation to Trauma by Jana Pressley, Psy.D. (2019)
The Nature of Trauma: Developmental Neurobiology, Neuroimaging Research and Effective Intervention by Bessel van der Kolk, M.D. (2019)
Neurobiology of Trauma Treatment: EMDR and New Research Directions by Bessel van der Kolk, M.D. (2019)
Adult Attachment Relationships by Jana Pressley, Psy.D. (2020)
The Roles Intersectionality & Cultural Humility Play When Working with Diverse Client Populations by Gary Bailey, MSW ACSW (2020)
Trauma Assessment of Children and Adults by Alexandra Cook, Ph.D. (2021)
Childhood Trauma: Impact and Long-Term Consequences by Bessel van der Kolk, M.D. (2021)
The Scope of Trauma Treatment: From Acute Interventions to Restoration of Self Experience by Bessel van der Kolk, M.D. (2022)
Jurisdictions Admitted to Practice
- New York
- District of Columbia
- Michigan
- US District Court – District of Columbia
- US District Court – Southern District of New York
- US District Court – Eastern District of New York
- US District Court – Northern District of New York
- US District Court – Western District of New York
- First Circuit Court of Appeals
- Second Circuit Court of Appeals
- Third Circuit Court of Appeals
- Fourth Circuit Court of Appeals
- Fifth Circuit Court of Appeals
- Sixth Circuit Court of Appeals
- Seventh Circuit Court of Appeals
- Eighth Circuit Court of Appeals
- Ninth Circuit Court of Appeals
- Tenth Circuit Court of Appeals
- Eleventh Circuit Court of Appeals
- District of Columbia Circuit Court of Appeals
- United States Supreme Court
Representative Cases
Sims v. Labowitz, 885 F.3d 254 (4th Cir. 2018)
Rex v. W. Virginia Sch. of Osteopathic Med., 119 F. Supp. 3d 542 (S.D.W. Va. 2015)
Doe v. Oshrin, 2014 WL 2208126 (D.N.J. May 28, 2014)
Paroline v. United States, 134 S. Ct. 1710 (2014)
United States v. Lundquist, 2013 WL 4779644 (2nd Cir. Sept. 9, 2013)
Paroline v. United States, 133 S.Ct. 2886 (U.S. June 27, 2013)
United States v. Cantrelle, 2013 WL 1624824 (E.D. Cal. April 15, 2013)
United States v. Benoit, 713 F.3d 1 (10th Cir. April 2, 2013)
In re Amy, 710 F.3d 985 (9th Cir. March 18, 2013)
United States v. Fast, 709 F.3d 712 (8th Cir. March 11, 2013)
In re Unknown, 2012 WL 5839049 (5th Cir. November 19, 2012)
In re Amy Unknown, 2012 WL 5835827 (5th Cir. November 19, 2012)
United States v. Laraneta, 2012 WL 5897610 (7th Cir. November 14, 2012)
In re Amy, 698 F.3d 1151 (9th Cir. October 24, 2012)
In re Unknown, 697 F.3d 306 (5th Cir. October 01, 2012)
United States v. Burgess, 684 F.3d 445 (4th Cir. July 11, 2012)
United States v. Olivieri, 2012 WL 1118763 (D.N.J. April 3, 2012)
In re Unknown, 668 F.3d 776 (5th Cir. January 25, 2012)
United States v. Lundquist, 847 F. Supp. 2d 364 (N.D.N.Y. December 14, 2011)
United States v. Aumais, 656 F.3d 147 (2nd Cir. September 8, 2011)
United States v. O’Brien, 2011 WL 2133707 (D.M.E. May 26, 2011)
In re Amy Unknown, 636 F.3d 190 (5th Cir. March 22, 2011)
United States v. Barkley, 2011 WL 839541 (M.D.P.A. March 7, 2011)
Amy, Victim in Misty Child Pornography Series v. Monzel, 132 S. Ct. 756 (November 28, 2011)
United States v. Monzel, 641 F.3d 528 (D.C. Cir. April 19, 2011)
United States v. Covert, 2011 WL 134060 (W.D.P.A. January 14, 2011)
United States v. Monzel, 746 F. Supp. 2d 76 (D.D.C. October 22, 2010)
R.S. v. Bd. of Educ. of Hastings-On-Hudson Union Free Sch. Dist., 371 F. App’x 231 (2nd Cir. April 9, 2010)
United States v. Church, 702 F. Supp. 2d 615 (W.D.V.A. February 26, 2010)
United States v. Faxon, 689 F. Supp. 2d 1344 (S.D.F.L. February 5, 2010)
United States v. Aumais, 2010 WL 3033821 (N.D.N.Y. January 13, 2010)
In re Amy, 591 F.3d 792 (5th Cir. December 22, 2009)
An Individual Known to the Defendant as 08MIST096.JPG and 08MIST067.JPG v. Falso, 2009 WL 4807537 (N.D.N.Y. December 9, 2009)
United States v. Paroline, 672 F.Supp.2d 781 (E.D.T.X. December 7, 2009)
An Individual Known to the Defendant as 08MIST096.JPG and 08MIST067.JPG v. Falso, 2009 WL 3838254 (N.D.N.Y. November 16, 2009)
United States v. Staples, 2009 WL 2827204 (S.D.F.L September 2, 2009)
United States v. Simon, 2009 WL 2424673 (N.D.C.A. August 7, 2009)
Sauerhaft v. Board of Education of the Hastings-on-Hudson Union Free School District, 2009 WL 1576467 (S.D.N.Y. June 2, 2009)
Spool v. World Child Int’l Adoption Agency, 520 F.3d 178 (2d Cir. March 18, 2008)
DePippo v. Kmart Corporation, 335 B.R. 290 (S.D.N.Y. November 14, 2005)
Pudalov v. Pudalov, 786 N.Y.S.2d 729 (N.Y.Sup. December 02, 2004)
Tate ex rel. Tate v. Board of Educ. of City School Dist. of Peekskill, 346 F.Supp.2d 536 (S.D.N.Y. November 29, 2004)
In re J.A.P., 749 A.2d 715 (D.C. March 31, 2000)
In re T.K., 708 A.2d 1012 (D.C. April 16, 1998)
Matter of New York City Com’r of Social Services on Behalf of Arlene S., 617 N.Y.S.2d 826 (N.Y.A.D. 2 Dept. October 17, 1994)
Matter of Commitment of Troy M., 595 N.Y.S.2d 640 (N.Y.Fam.Ct. April 30, 1992)
Child with a Disability, 06-071 (N.Y. S.R.O. 2006)
Child with a Disability, 05-042 (N.Y. S.R.O. 2005)
Board of Education of the Harrison Central School District, 04-034 (N.Y. S.R.O. 2004)
Publications
Trauma-Informed Advocacy, Trial, August 2022
The New Amy, Vicky, and Andy Act: A Positive Step Towards Full Restitution for Child Pornography Victims, Federal Sentencing Reporter, Vol. 31, No. 3, pp. 187–194 (2019)
Not Just “Kiddie Porn” The Significant Harms from Child Pornography Possession in Refining Child Pornography Law: Crime, Language, and Social Consequences, Carissa Byrne Hessick editor, University of Michigan Press, 2016.
Full Restitution for Child Pornography Victims: The Supreme Court’s Paroline Decision and the Need for a Congressional Response, Ohio State Journal of Criminal Law, 13 Ohio St. J. Crim. L. 5 (2015)
Federal Criminal Restitution for Child Pornography Victims, Children’s Rights Litigation, American Bar Association Section of Litigation, Fall 2014
Blog, The Huffington Post, 2014
The Case for Full Restitution for Child Pornography Victims, George Washington University Law Review, Volume 82, Number 1, December 2013
Child Pornography Restitution Update, Sex Offender Law Report, Volume 14, #5, August/September 2013
Masha’s Law: A Federal Civil Remedy for Child Pornography Victims, Syracuse Law Review, 61 Syracuse L. Rev. 459, 2011
Recent Judicial Decisions Regarding the Adoption and Safe Families Act, Adoption Quarterly, Volume: 8 Issue: 4, 2005
Adopting a Foster Child in New York, Adoption Law: Practice and Procedure in the 21st Century, New York State Bar Association, 2004
Social Work Misconduct May Lead to Liability, Social Work, Volume: 49 Number: 4, 2004
Constitutional Rights of Foster Parents to Adopt Foster Children, Adoption & Fostering, Summer 2003
Recent Developments in Adoption Law, Adoption Quarterly, Volume: 6 Issue: 3, 2003
The Federal Government’s Role in Child Welfare – In Plain Language, Fostering Families Today, 2003
How Should the Law Respond When Children Die, Or Are Injured, In Foster Care? Even Limited Immunities for Foster Parents Are Dangerous, FindLaw’s Writ, March 27, 2003
The Adoption and Child Welfare Law Reporter, i-net Publishing Solutions LLC, 2002–2003
Federal Paternity Proceedings, Matthew Bender, Disputed Paternity Proceedings, 2002
Federal Impact on Adoption, Matthew Bender, Adoption Law and Practice, 2001, 2005
Legal Notes: USA, Adoption and Fostering Journal, Volume 26 Number 1, 2002
DC Adoption and Safe Families Act, The Children’s Law Center, Inc., CD–ROM and Website, 2000
Child Welfare Law and Practice in the District of Columbia, The Children’s Law Center, Inc., 2000
Issues for Attorneys in Adoption Cases, The Children’s Law Center, Inc., 1999
Initial and Shelter Care Hearings: Strategies and Practice Pointers for Attorneys, The Children’s Law Center, Inc., 1998
The Pro Bono Adoption Referral Project: Training Manual, The Children’s Law Center, Inc., 1997
Boards and Commissions
Member – Montclair State University Child Advocacy and Policy Advisory Board – 2019 to present
Member – Game Over: Commission to Protect Youth Athletes – 2018 to present
Board Chair – CHILD USA – 2017 to present
Founding Board Member – Children’s Justice Fund – 2016 to present
Member – Canadian Centre for Child Protection Victims of Child Sexual Abuse Imagery Working Group – 2015 to present
Founding Board Member – Child Redress International – 2015 to present
Expert Advisor – ECPAT International Access to Justice and Remedies Project – 2015 to 2017
Member – United States Sentencing Commission Victims Advisory Group – December 2012 to December 2018
President – Children’s Law Center Emeritus Board – 2011 to 2015
Honorary Board Member – Children’s Health Care is a Legal Duty (CHILD, Inc.) – 1999 to 2017
Founder, President, and Executive Director – Children’s Law Center – 1996 to 2011
Member – ABA Section of Litigation, Children and the Law Committee, Child Welfare Subcommittee – 2001 to 2002
Chair – The Mayor’s Committee on Adoption Law Reform, Washington, DC – 1999 to 2000
Secretary – The Mayor’s Advisory Council on Permanent Homes for Children, Washington, DC – 1999 to 2000
Co-chair – DC Metro Chapter of the National Association of Council for Children – 1997 to 2000
Founder – DC Superior Court Permanency Mediation Project – 1999 to 2000
Member – DC Superior Court Remediation Project Advisory Committee – 1999 to 2000
Member – DC Superior Court Family Division Advisory Rules Committee – 1999 to 2000
Member – DC Superior Court Family Division Model Court Committee – 1999 to 2000
Presenter – Fourth Annual Children’s Initiatives Forum (Washington, DC) – 1999
Member – The Charleston Condominium Board of Directors (Arlington, VA) – 1996 to 2000
Fellowships
Senior Fellow at the Center for Adoption Research – UMass Medical School – 2002 to 2004
Legislative Fellow for United States Senator Frank Lautenberg – 1993 to 1994
Speaker Reviews
What to say about James?:-) A character, an articulate champion for survivors of internet exploitation, again presented a big picture of the legal aspects of the landscape in federal law, past and future, given the passage of the new law. Well informed and entertaining, with the credibility that comes from having been a leader in a handful of lawyers to develop a legal response to a type of crime and impact of such “victimless crimes (not)” that helps provide useful information for the therapists who, understanding the legal terrain, can help guide with understanding the survivor while in therapy with a more informed perspective.
There are people fighting hard for these survivors! Again, I could have listened to him for much longer, given his entertaining, well informed resources.
“Wow!! A very informative lecture. It was a high honor to attend a lecture of such magnitude. I know this is a difficult area to speak on, but James was spot on in all areas.”
“Have been following the work of James Marsh in this area for the past three years because I think there’s a wealth of knowledge to be gleaned from his experiences. Hopefully some of that knowledge can translate to positive changes in my state for child victims. Thank you!”
“Bring Marsh back for another forum on the Trafficking on children.”
“I really enjoyed hearing James Marsh speak, he was by far my favorite part of the day.”
“James Marsh was incredible and should be asked to return.”
“Bring back Mr. Marsh next year.”
“The best part of the day was Mr. Marsh’s presentation. He was both informative and entertaining. He kept the atmosphere refreshing.”
“Great speaker.”
“Quite revealing and disturbing realities. Great speaker!”
“Fantastic and engaging.”
“Fantastic!!!”
“James Marsh was incredible!”
“Mr. Marsh was exceptional – information very useful.”
“I really enjoyed hearing James Marsh speak, he was by far my favorite part of the day.”
“James Marsh presentation was fantastic!”
“Loved James Marsh! He was informative but funny and kept me awake!”
“James Marsh – Wow! What a topic! Very enlightening and his comments and information was an eye opener.”
“Awesome.”
Lectures
Latest Developments on Children’s Rights Online – Lightning Talk – Trust & Safety Research Conference – Stanford University (September 26, 2024)
Child Sexual Abuse Material: Online Exploitation and Social Media – Addressing the Impact on Victims – Presenter – APSAC Colloquium – New Orleans, LA (June 12, 2024)
Standards of Care in Litigation: Proving Your Case – Presenter — 2024 National AAICAMA Conference and Meeting — Ann Arbor, Michigan (June 5, 2024)
A Victim Centered Approach to Targeting CSAM Offenders – Panelist – PIER 24 Tackling Online Harms – London, United Kingdom (May 24, 2024)
Luminary Award Dinner – Keynote Speaker – Chicago Children’s Advocacy Center – Chicago, IL (April 24, 2024)
Expert Group Meeting on Removal of Child Sexual Abuse Material from the Internet Co-hosted by the United Nations Office on Drugs and Crime and the United Kingdom – Participant – Vienna, Austria (June 28, 2023)
The Latest on Child Sex Abuse Litigation – Presenter – Child USA Destination CLE – New Hope, PA (May 5, 2023)
Spring Luncheon – Keynote Speaker on Sextortion – New York Society for the Prevention of Cruelty to Children – New York, NY (April 27, 2023)
Website/App/Tech Liability Update – Presenter – National Crime Victims Bar Association Mid-Year Conference – Washington, DC (March 31, 2023)
European Safer Internet Centres and MEP members of the Intergroup on Children’s Rights in the European Parliament – Participant – Brussels, Belgium (October 25, 2022)
Statement to the Intergroup on Children's Right in the European Parliament
Sexual Abuse Litigation and Coverage – Presenter – Perrin Conferences – New York, New York (October 12, 2022)
Trauma Informed Law Reform: How Masha’s Law Protects Victims from Invasive Litigation – Presenter – CHILD USA Destination CLE (September 16, 2022)
Federal Legal Remedies for Child Exploitation — Presenter — Child USA (March 3, 2022)
Litigating Child Pornography and the Online Exploitation of Children – Presenter – Child USA (December 11, 2020)
Child Pornography Legal Update — Presenter — National Crime Victims Bar Association Child Sex Abuse Section Annual Meeting — Zoom (November 10, 2020)
Avenues to Civil Damages for Child Sex Abuse and Child Pornography Victims — Presenter — 2019 National Center for Victims of Crime National Training Institute — Denver, Colorado (December 5, 2019)
Child Trafficking: When the Virtual World Meets Reality — Presenter — 2019 National AAICAMA Conference and Meeting — Austin, Texas (June 19, 2019)
Trailblazing Restitution for Victims of Child Sexual Abuse Material — Presenter — Missing and Exploited Children Training Conference — Winnipeg, Manitoba (May 30, 2019)
Lessons Learned – from the University of Michigan Child Advocacy Law Clinic to the United States Supreme Court — Guest Lecturer — Center for Child Advocacy at Montclair State University — Montclair, New Jersey (April 10, 2019)
Confronting CM Facilitated by Government, Internet, and in Extra-Familial Activities — Presenter — Academy on Violence & Abuse Global Health Summit — Tallahassee, Florida (November 29, 2018)
Image Exploitation: Federal Remedies for Child Exploitation in the United States — Presenter — Third Regional Workshop on Justice for Children in East Asia and the Pacific — Bangkok, Thailand (September 7, 2018)
A Multidisciplinary Approach to Child Pornography on the Internet: Addressing the Impacts on Victims — Panelist — APSAC Colloquium — New Orleans, Louisiana (June 15, 2018)
A Multidisciplinary Approach to Child Pornography on the Internet: Impact on its Victim — Guest Lecturer — Center for Child Advocacy at Montclair State University — Montclair, New Jersey (January 24, 2018)
Online Exploitation: Federal Remedies for Victims of Child Pornography – Workshop – 36th Annual Michigan Statewide Conference on Child Abuse and Neglect: Prevention, Assessment and Treatment – Plymouth, Michigan (October 24, 2017)
Digital Neglect and the Online Abuse of Children – Keynote Presentation – 36th Annual Michigan Statewide Conference on Child Abuse and Neglect: Prevention, Assessment and Treatment – Plymouth, Michigan (October 24, 2017)
A Multidisciplinary Approach to Child Pornography on the Internet: Impact on its Victim – Workshop – 36th Annual Michigan Statewide Conference on Child Abuse and Neglect: Prevention, Assessment and Treatment – Plymouth, Michigan (October 23, 2017)
Full restitution for child pornography victims: the Supreme Court’s Paroline decision and the need for a congressional response — Lecture — Children’s and Young People’s Rights in the Digital Age — London School of Economics — London, England (July 26, 2016)
Pursuing Restitution & Justice for Child Pornography Victims — Keynote Speaker — Utah Crime Victims Conference: 21st Century Solutions Enhancing Response to Victims — Midway, Utah (April 21, 2016)
Digital Neglect and the Online Abuse of Children — Lecture — The Passaic County Multidisciplinary Team — Passaic, New Jersey (October 22, 2015)
Representing Child Victims: Promises and Challenges for the 21st Century — Guest Lecturer — Center for Child Advocacy at Montclair State University — Montclair, New Jersey (April 8, 2015)
Representing Child Victims, Assessing their Competency, and Working with Parents — Lecture — Special Victims’ Counsel Seminar — Judge Advocate General’s School — Maxwell Air Force Base, Alabama (January 9, 2015)
Title IX on Campus — Luncheon Workshop — Denison University — Granville, Ohio (October 10, 2014)
Child Pornography as Child Trafficking — Laura C. Harris Symposium — Denison University — Granville, Ohio (October 9, 2014)
Pornography — Feminist Theory Special Guest — Denison University — Granville, Ohio (October 8, 2014)
Restitution for Child Pornography Victims: The Impact of Paroline v. United States — 2014 National Institute — The National Center for Victims of Crime — Miami, Florida (September 17, 2014)
Compensation for Child Pornography Victims — 19th International Conference & Summit on Violence, Abuse & Trauma — Institute on Violence, Abuse and Trauma — San Diego, California (September 9, 2014)
Providing Legal Services to Child Victims — Victims’ Legal Counsel Organization Annual Training — United States Marine Corps — San Diego, California (August 26, 2014)
Architecture of a Victims’ Rights Case: How Amy Made it to the U.S. Supreme Court — Never Whisper Justice; Demand Victims’ Rights — National Crime Victim Law Institute Conference — Portland, Oregon (June 19, 2014)
Child Pornography: First Report of the Dutch National Rapporteur — The Twenty First Century Child: New Technologies and New Concerns — Center for Child Advocacy at Montclair State University Ninth Annual National Conference — Montclair, New Jersey (April 4, 2014)
Compensation for Child Pornography Victims — The Twenty First Century Child: New Technologies and New Concerns — Center for Child Advocacy at Montclair State University Ninth Annual National Conference — Montclair, New Jersey (April 4, 2014)
Restitution for Child Pornography Victims — The Twenty First Century Child: New Technologies and New Concerns — Prevent Child Abuse Texas 28th Annual Conference on the Prevention of Child Abuse — San Antonio, Texas (March 3, 2014)
Compensating Victims of Child Pornography and Exploitation — 31st Annual Conference on Crime Victims’ Issues — Virginia Beach, Virginia (November 22, 2013)
Restitution for Child Pornography Victims — ICAC Training and Technical Assistance Program — Webinar (August 22, 2013)
Financial Compensation for Victims of Child Pornography — 14th International Symposium — World Society of Victimology — The Hague, Netherlands (May 23, 2012)
Criminal Restitution for Victims of Child Pornography — Crimes Against Children: The Multiple Faces of Child Victimization — Montclair State University Center for Child Advocacy National Conference (April 15, 2011)
Restitution for Victims of Child Pornography — Predators, Porn & The Law: America’s Children in the Internet Era — Syracuse University College of Law (April 9, 2011)
Rehabilitation, Incapacitation, Retribution: What is Congress’s Role? — Predators, Porn & The Law: America’s Children in the Internet Era — Syracuse University College of Law (April 9, 2011)
Restitution for Victims of Child Exploitation — National Crime Victim Bar Association National Conference (September 16, 2010)
Child Exploitation and the Child Welfare System — Connecticut Assistant Attorneys General Retreat (June 14, 2010)
Representing Victims of Child Pornography — National Crime Victim Bar Association Natinoal Conference (June 20, 2007)
The Practice of Child Welfare Law in 2036 — The University of Michigan Law School Child Advocacy Law Clinic 30th Anniversary Symposium (March 31, 2007)
New Developments In Special Education — Lorman Educational Services (January 24, 2006)
Children’s Legal Rights in New York Public Schools — Pace Law School (November 21, 2005)
Records Retention Management in the Digital Age: A Key Element in Minimizing Agency and Worker Liability — National Resource Center for Information Technology in Child Welfare (April 21, 2004)
Document Management: Best Practices and Technology Solutions — The Child Welfare League of America (November 12, 2003)
Adoption and Kinship Law — The Child Welfare League of America (July 31, 2003)
Meeting the Special Legal Needs of Children — The American Bar Association (April 16–17, 2003)
Adoption Law and Policy Update — The Child Welfare League of America (November 7, 2002)
ASFA Panel Discussion: Following the Yellow Brick Road? — Twelfth Annual Peirce Warwick Symposium — Gallaudet University — Washington, DC (October 4, 2002)
Preparing Social Workers to Testify in Court — National Association of Council for Children (September 28, 2002)
Organizing and Running a Children’s Law Center and Pro Bono Child Representation Program — The American Bar Association Center on Children and the Law 10th National Conference — Washington, DC (June 8, 2002)
Fundamentals of Social Worker Witness Preparation — District of Columbia Child and Family Service Agency (May 24–28, 2002)
The Adoption and Safe Families Act in the District of Columbia — The Council for Court Excellence (February 25–May 19, 2000)
Courtroom Skills for Child Welfare Social Workers — District of Columbia Child and Family Service Agency (May 24–25, 2000)
Permanency Mediation — The Superior Court of the District of Columbia (May 11, 2000)
Technology Fundamentals for Attorneys — The Bar Association of the District of Columbia (May 6, 2000)
The District of Columbia Foster Children’s Guardianship Act — The Children’s Law Center (2001)
Children’s Records Law in the District of Columbia — Lorman Educational Services (1999–2001)
The District of Columbia Adoption and Safe Families Act (ASFA) and the Courts — The Council for Court Excellence (2000)
Superior Court of the District of Columbia Adoption and Safe Families Act (ASFA) Training — The Superior Court of the District of Columbia (2000)
Adoption Subsidy in the District of Columbia — The District of Columbia Bar Association (1999–2000)
Child Welfare in the District of Columbia in the 21st Century – Steps to Achieving Successful Outcomes in Abuse and Neglect Cases — Executive Office of the Mayor of the District of Columbia (2000)
Next Steps for Child Welfare Reform in the District of Columbia — Consortium for Child Welfare Symposium (November 17–18, 1999)
Issues for Attorneys in Adoption Cases — The Neglect and Delinquency Practice Institute (June 19, 1999)
Mandatory Reporting of Child Abuse and Neglect – Issues for Physicians — Howard University School of Medicine (1999)
Abuse and Neglect Legal Overview for Men and the Community — The Urban League (1999)
Social Worker Introductory Training — The Consortium for Child Welfare (1999)
Adoption in the District of Columbia: Promises and Challenges — Georgetown Television Children at Risk Series (1998)
Articles and Publications
The New Amy, Vicky, and Andy Act: A Positive Step Towards Full Restitution for Child Pornography Victims, Federal Sentencing Reporter, Vol. 31, No. 3, pp. 187–194 (2019)
Full Restitution for Child Pornography Victims: The Supreme Court’s Paroline Decision and the Need for a Congressional Response, Ohio State Journal of Criminal Law, 13 Ohio St. J. Crim. L. 5 (2015)
Federal Criminal Restitution for Child Pornography Victims, Children’s Rights Litigation, American Bar Association Section of Litigation, Fall 2014
Blog, The Huffington Post, 2014
The Case for Full Restitution for Child Pornography Victims, George Washington University Law Review, Volume 82, Number 1, December 2013
Child Pornography Restitution Update, Sex Offender Law Report, Volume 14, #5, August/September 2013
Masha’s Law: A Federal Civil Remedy for Child Pornography Victims, Syracuse Law Review, 61 Syracuse L. Rev. 459, 2011
Recent Judicial Decisions Regarding the Adoption and Safe Families Act, Adoption Quarterly, Volume: 8 Issue: 4, 2005
Adopting a Foster Child in New York, Adoption Law: Practice and Procedure in the 21st Century, New York State Bar Association, 2004
Social Work Misconduct May Lead to Liability, Social Work, Volume: 49 Number: 4, 2004
Constitutional Rights of Foster Parents to Adopt Foster Children, Adoption & Fostering, Summer 2003
Recent Developments in Adoption Law, Adoption Quarterly, Volume: 6 Issue: 3, 2003
The Federal Government’s Role in Child Welfare – In Plain Language, Fostering Families Today, 2003
How Should the Law Respond When Children Die, Or Are Injured, In Foster Care? Even Limited Immunities for Foster Parents Are Dangerous, FindLaw’s Writ, March 27, 2003
The Adoption and Child Welfare Law Reporter, i-net Publishing Solutions LLC, 2002–2003
Federal Paternity Proceedings, Matthew Bender, Disputed Paternity Proceedings, 2002
Federal Impact on Adoption, Matthew Bender, Adoption Law and Practice, 2001, 2005
Legal Notes: USA, Adoption and Fostering Journal, Volume 26 Number 1, 2002
DC Adoption and Safe Families Act, The Children’s Law Center, Inc., CD–ROM and Website, 2000
Child Welfare Law and Practice in the District of Columbia, The Children’s Law Center, Inc., 2000
Issues for Attorneys in Adoption Cases, The Children’s Law Center, Inc., 1999
Initial and Shelter Care Hearings: Strategies and Practice Pointers for Attorneys, The Children’s Law Center, Inc., 1998
The Pro Bono Adoption Referral Project: Training Manual, The Children’s Law Center, Inc., 1997
Legislation and Public Policy
Expert Group Meeting on Removal of Child Sexual Abuse Material from the Internet – United Nations Office and Drugs and Crime – Vienna, Austria (June 2023)
UNODC, in partnership with the Government of the United Kingdom, convened an expert group meeting in Vienna on 26-27 June 2023. The objectives of the meeting were to discuss some of the gaps and limitations in current approaches to the problem and to formulate new ways to accomplish the twin goals of removal of CSAM images online, linked to a comprehensive strategy to prevent the re-upload of known CSAM. The meeting brought together experts in their individual capacities. Participants included child protection and criminal justice experts, academics, representatives of civil society organizations, the private sector and financial institutions.
Statement of James R. Marsh
Masha’s Law – Technical Assistance, Drafting, Analysis and Training – United States Congress
In late 2005, I was instrumental in enhancing the federal civil legal rights of children who are victims of child pornography. Borrowing from intellectual property law, I drafted, introduced, and passed—in just seven months—a update to a forgotten federal law which gives children the right to sue anyone who produces, distributes or possess their pornographic images. This act, called Masha’s Law, provides statutory damages of $150,000 for each violation.
Foster Children’s Guardianship Act of 2000 – Technical Assistance, Drafting, Analysis, Testimony and Training – District of Columbia
The Foster Children’s Guardianship Act of 2000 was created in response to a pressing need for permanency which was not being met by traditional legal outcomes. During the fall of 1999 a mayoral charted committee of guardian ad litems, attorneys, judges, social services professionals and policy makers meet in weekly public sessions with the goal of aligning the District’s law with the needs of the District’s foster children. The result was a new guardianship law which combined well established legal principles with nationally regarded best practices.
Foster Children's Guardianship in the District of Columbia: An Overview and Explanation
District of Columbia Family Court Act of 2001 – Technical Assistance – United States Congress
This Congressionally led initiative resulted in the creation of the District of Columbia’s Family Court.
Adoption Voucher Fund Act of 2000 – Technical Assistance, Analysis and Training – District of Columbia
This groundbreaking initiative, which is funded with federal dollars, provides individuals, who are interested in adopting a child under the care of District of Columbia child welfare agency, vouchers to offset the legal costs associated with the adoption of a child as well as the costs of the adoption home study.
A Carrot Among the Sticks – The Adoption Incentive Bonus
Adoption and Safe Families Amendment Act of 2000 – Technical Assistance, Analysis, Testimony and Training – District of Columbia
The District of Columbia’s version of the Federal Adoption and Safe Families Act of 2007.
Child in Need of Protection Act of 2000 – Technical Assistance, Analysis and Testimony – District of Columbia
The District of Columbia’s effort to update, revise and reform child protection and child welfare law.
Kinship Care Amendment Act of 1999 – Analysis – District of Columbia
The Family Court Advisory Rules Committee – Superior Court of the District of Columbia Child Abuse and Neglect Attorney Practice Standards 2003 – Technical Assistance, Drafting, and Analysis – District of Columbia
The Family Court Advisory Rules Committee (formerly known as the Family Division Advisory Rules Committee) was established in January 2000 by Eugene N. Hamilton, then Chief Judge of the Superior Court of the District of Columbia. One of the goals of the Committee, then chaired by Judge Kaye K. Christian, formerly Deputy Presiding Judge of the Family Division, was to develop standards of practice for attorneys appointed to represent children and parents in abuse and neglect cases. Following an internal review by the Chief Judge, the practice standards were published for comment.
District of Columbia Safe Passages to Permanency Initiative of 1999 – Technical Assistance – District of Columbia
Provided recommendations regarding Permanency Mediation, Visiting Nurse Program, Child-Centered Basket of Services and Family Group Conferences. Safe Passages was part of the District government’s FY2000 Children and Youth Action Plan which was founder on the premise that, “[t]he experiences children encounter as they travel through the major passageways of life dramatically impact where they go, how far they go, and the kind of people they grow up to be.”
The District of Columbia Safe Passages to Permanency Initiative