Articles

The Third Wave of Crime Victims Rights: Standing, Remedy, and Review

I. Introduction And Background A. Introduction: Crime Victims' State Constitutional Rights Are Often Illusory B. Background II. How Victims Are Denied Standing A. Real Rights Require Standing, Adequate Remedy, And Review B. The Discretion Problem 1. Discretion: Mandated And Enabled Rights 2. Discretion And Particular Victims' Rights 3. Discretion And Broad Victims' Rights C. The Remedies Problem 1. The Inferior Remedies 2. The Superior Remedy Of Voiding D. The Review Problem 1. Ripeness And M...

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Sosa v. Alvarez-Machain And Abu Ghraib-Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors

I. Introduction II. Civil Remedies Under U.S. Law-Foreign And Domestic Relief A. The Foreign Claims Act-Compensating Claims In A Foreign Country B. Relief In U.S. Courts 1. The Federal Tort Claims Act 2. Constitutional Torts 3. Relief Only Available To Aliens-The Alien Tort Statute III. Sosa v. Alvarez-Machain-The Most Recent Supreme Court Decision On Domestic Liability For International Conduct A. The Factual And Procedural History Of Alvarez-Machain's Criminal Prosecution B. Alvarez-Machain...

When Does a Party Prevail?: A Proposed Third-Circuit- Plus Test for Judicial Imprimatur

I. Introduction II. Background A. The "American Rule" And Fee-Shifting Statutes B. The Continuum Of Litigation-Conclusion Mechanisms Short Of Final Judgments 1. Consent Decrees 2. Purely Private Settlements 3. Dismissal Orders Incorporating Settlement Terms III. Supreme Court Prevailing Party Jurisprudence A. Decisions Prior To Buckhannon B. The Buckhannon Decision 1. The Background Of Buckhannon 2. The Supreme Court Opinion 3. What Buckhannon Adds To The Prevailing Party Jurisprudence IV. Th...

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The Effects Of Judicial Immunization Of Passive Sellers In Sanns v. Butterfield Ford And A Proposal For The Shifting Nature Of Fault

I. Introduction: The Tension In Strict Liability Between Innocent Consumers And Innocent Sellers II. Parties Subject To Section 402A Strict Liability And The Development Of Strict Liability In Utah Jurisprudence A. Strict Liability's Place In Tort Law B. Section 402A, Passive Sellers, And Passive Seller Immunization 1. Section 402A 2. The Legislative Immunization Of Passive Sellers C. Utah's Strict Liability Jurisprudence D. The Liability Reform Act III. Sanns v. Butterfield Ford A. The Facts...

Tribunals Organized To Convict: Searching For A Lesser Evil In The Capital Juror Death-Qualification Process In United States v. Green

I. Introduction II. Background On The Death-Qualification Process A. Supreme Court Jurisprudence B. The Debate: Are Death-Qualified Jurors Predisposed To Find Guilt? C. The Operative Statute: 18 U.S.C. § 3593 III. United States v. Green IV. Analysis: Balancing Interests In Pursuit Of A Better Solution119 A. Strengths And Weakness Of The Unitary System And Its Alternatives B. The Superiority And Failure Of The Green Court's Method One C. A Proposal Of A Better Option V. Conclusion