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Like most youth organizations, the BSA has struggled with the problem of sex abuse and how to handle abuse allegations. A centerpiece of the program is the "two deep" leadership criterion which dictates that no adult can ever be alone with any members.

Tarr, a Chief Scout Executive in the 1980s, said regarding sexual assault cases against Scout leaders across all 50 states: "That's been an issue since the Boy Scouts began." In the 1980s, BSA developed its Youth Protection program, a comprehensive program to educate and prevent abuse.

A study of 50 lawsuits against the Boy Scouts of America showed that from 1986 to 1991 BSA and local councils agreed to pay more than million in damages.

According to federal tax returns, BSA payments to one law firm in Miami working on abuse cases were more than one-half million dollars; the BSA insurance reserve, from which the damages are paid, stood at .9 million.

He is an Honorary Bencher of the Inner Temple and a corresponding fellow of the British Academy, and he was the President of the American Law and Economics Association from 1995 to 1996 and the honorary President of the Bentham Club of University College, London, for 1998.

He has received a number of awards, including the Thomas Jefferson Memorial Foundation Award in Law from the University of Virginia in 1994, the Marshall-Wythe Medallion from the College of William and Mary in 1998, the 2003 Research Award from the Fellows of the American Bar Foundation, also in 2003 the John Sherman Award from the U. Department of Justice, the Learned Hand Medal for Exellence in Federal Jurisprudence from the Federal bar Council in 2005, and, also in 2005, the Thomas C. Kennedy School of Government at Harvard University.

2009), The Problems of Jurisprudence (1990), Cardozo: A Study in Reputation (1990), The Essential Holmes (1992), Sex and Reason (1992), Overcoming Law (1995), The Federal Courts: Challenge and Reform (1996), Law and Legal Theory in England and America (1996), The Problematics of Moral and Legal Theory (1999), Antitrust Law (2d ed.The series, written shortly after the inception of BSA's Youth Protection program, concluded that "After decades of shying away from the problem, the Scouts have created what many child abuse experts call one of the best sex abuse education programs in the country.The program teaches boys, leaders and parents about resisting, recognizing and reporting abuse." A number of lawsuits have resulted.They published a detailed list of 416 cases from 1971–1990 where a US Scout leader was arrested or banned from Scouting for sexual abuse of Scouts, adding that experts said the real number of abusers and victims was probably several times higher.The newspaper articles later formed the basis for a book by the main journalist involved, Patrick Boyle: Scout's Honor: Sexual Abuse in America's Most Trusted Institution.

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A Guide to America's Sex Laws is the first concise compendium of the nation's sex laws. Silbaugh cover broadly defined areas of reg A Guide to America's Sex Laws is the first concise compendium of the nation's sex laws. Silbaugh cover broadly defined areas of regulation, providing background and definitions and placing the laws in their historical and constitutional context.