The Alien Tort Claims Act (ATCA) was an integral part of the Judiciary Act of 1789. In creating the judiciary, the Founding Fathers did not want to make the United States safe haven for enemies of nations. The ATCA provides a federal forum for suits involving foreign plaintiffs injured abroad by a person under U.S. jurisdiction in violation of the law of nations. Up until approximately twenty-five years ago, the ATCA remained predominantly unused in U.S. jurisprudence. In 1997, a suit was filed on behalf of Burmese villagers alleging human rights abuses. Doe v. Unocal involves claims that Unocal Corporation, a California corporation, enlisted the ruling military junta of Myanmar to provide security for a pipeline project. Egregious human rights abuses including murder, rape, torture, slavery, summary and arbitrary execution, forced relocation, and forced labor were committed upon the plaintiffs in furtherance of the joint venture. Drawing upon international law, the Ninth Circuit Court of Appeals confirmed the validity of plaintiffs' ATCA claims against Unocal for knowledge of the human rights abuses. This study intends to clarify issues relevant to parties in future ATCA cases. By distinguishing the need for a liability standard in cases filed under the ATCA and identifying the legal entities that can contribute to that effect, U.S. federal courts can develop sensible precedent in ATCA cases.

Heroin overdoses have become an epidemic in the Orlando area. The number of heroin overdoses has significantly increased over the years. The Drug Enforcement Administration is making efforts to combat this problem by actively investigating heroin overdoses, and then sending the cases to the federal prosecutors for prosecution. When an individual overdoses on a drug, the person they bought the drug from is held criminally responsible for their injury or death under Federal Statute 21 USC § 841. This statute mandates a minimum of twenty (20) years prison time, but is almost impossible to prove and convict. This research will address the difficulties investigating and prosecuting heroin overdoses. It will examine the groups in the federal system that are involved in the investigation of these cases; the Drug Enforcement Administration, and the U.S. Attorneys. This research will propose that certain changes need to happen in order for this statute to be effective and useful. It will be necessary to address heroin and what it does to the body when an overdose occurs. The federal statute concerning drug overdoses will be presented. This research will introduce those in the federal system that work on heroin overdose cases, then will proceed into the difficulties each of these groups encounters while working these cases. Sample situations and examples of cases will be described in order to illustrate the points. This research will lead to a proposed solution in an attempt to successfully prosecute more cases under this federal statute and reduce the number of heroin overdoses occurring. The purpose of this research endeavor is to address the problems and educate on this statute in an effort to decrease the number of heroin overdoses that occur in our community. It will attempt to help adapt the current statute and policies in order to improve the outcome of these cases and better serve the interest of society. The number of heroin overdoses needs to be curbed and this research will attempt to aid in helping deter and punish those involved in selling illegal drugs.

The medical malpractice insurance system experienced a period of crisis in the early 1970s. High jury awards and an increased amount of litigation were cited as causing a substantial increase in malpractice premiums. These premiums covered doctors for claims arising from their treatment of patients. As a result, physicians were unable to afford the high price of premiums and many insurers discontinued malpractice insurance. After years of stability, the medical malpractice crisis has resurfaced. In an effort to reduce malpractice premiums, many states implemented legislative tort reform acts. The majority of these acts included caps on noneconomic damages. These caps place a limit on the amount of money an injured person can receive for pain and suffering as the result of medical malpractice. Tort reform bills, which include these caps, created controversy in the court system. Lawyers argue that these caps violate an injured person's constitutional rights, but the legislature believes that they are necessary to ensure access to health care. The Florida legislature recently passed a Medical Liability Bill in an attempt to alleviate the crisis. The bill includes a $500,000 cap on noneconomic damages. My research was designed to analyze the current malpractice crisis, review Florida's Medical Liability Bill, and examine the effect of damage caps on medical liability litigation. The purpose is to evaluate the effects of current tort reform legislation, assess the constitutionality of damage caps, and propose solutions to the medical malpractice crisis.

Owning property, starting a business, and owning your own home are things considered to be part of the American dream. Our country was founded upon certain rights, which allow ownership of homes and small businesses. The Fifth Amendment to the United States Constitution protects the interests of private property owners from the seizure of their land, except where the property is needed to satisfy a public use, and they are provided with just compensation for their loss. The 2005 United States Supreme Court case decision in Keio v. City of New London eliminated private property owner's protection under the Constitution. The Supreme Court's decision allows for the public taking of private property which is then transferred to another private party for the economic development of a city. The court determined that the redevelopment of the city which provided an increase in jobs and in tax revenue for the city, is a public use under the Fifth Amendment. As a result of the decision in Keio, the floodgates to hundreds of similar cases across the county are open. Throughout the United States, local governments are attempting to seize land needed for economic gain and redevelopment through eminent domain. Thousands of private residences, businesses, churches, and other community buildings are being seized and transferred to other private owners who will benefit from this seizure and transfer. The courts are moving away from the words actually written in the Constitution, "for public use" and instead accepting a looser interpretation of a public benefit as a result of a huge governmental and corporate gain, to meet the requirements set forth in the Fifth Amendment.

The phone rings and Jan jumps from her seat. Jan knows that it is the person who has been stalking her. He showed up at Jan's work, school, and even at the mall when she went shopping with a friend. Jan is afraid because she knows if she calls the police, they will not be able to help her unless the police see him outside her house. Victims are no longer left on their own to handle stalkers. Florida and the federal government have enacted laws to protect stalking victims and to prosecute the offenders. Florida law gives a victim the right to obtain an order for protection from the stalker. The Florida stalking statutes allow stalkers to be charged with either misdemeanor or felony offenses if they violate these stalking statutes. Nevertheless, it is incumbent that state and federal laws continue to evolve as offenders begin to use additional resources, such as through the Internet, to stalk their victims. There are pretrial detention options that should be exercised by judges in stalking eases where it has been proven that the offender poses a threat of great bodily injury or death to the victim. There are also many victim support centers established to help victims understand the laws in their respective state, understand what safety precautions to take, and understand what actions to avoid. These services are available to any victim of stalking, whether a college student, a female, a male, a minor or an elderly person.

In the wake of September 11, 2001 Congress quickly approved a radical bill known as the Uniting and Strengthening America by Providing Appropriate Tools and Resources to Intercept and Obstruct Terrorism (USA PATRIOT) Act. The Patriot Act modifies fundamental aspects of criminal law and civil liberties in the United States. While many sections have provoked controversy, most of those fall within Title II, known simply as "Surveillance Provisions." Among the Title II provisions, the sections concerning pen registers and trap and trace devices are among the most significant, and yet most widely misunderstood. For that reason, Title II's pen register and trap and trace statutes are the focus of this essay. This essay systematically and chronologically evaluates each of the pen register provisions - Sections 204, 214, and 216. Each provision receives a four-part analysis: (1) What was the law prior to the Patriot Act? (2) How does that section change the law? (3) What arguments have been cited in defense of the section? (4) What objections and criticisms about the section have been raised? The purpose of this essay is to inform and educate the UCF population about the many legal implications and considerations created by the pen register provisions. The conclusion of the essay resolves to seek common ground between supporters and critics. Some aspects of the pen register statutes are found to be acceptable, while two others should be declared unconstitutional. Common ground exists. however, and the pen register provisions could be rewritten to maintain the benefits to law enforcement while minimizing concerns of abuse or infringements on civil liberties.

In recent years there has been a tendency for people throughout the sports world to talk about the possibilities of a number of young athletes becoming professional athletes right out of high school. This subject is one of great interest. This timely subject is extremely important because of the perceived influx of young teenage athletes entering the professional ranks. With the media covering the stories of such individuals as Kevin Garnett, LeBron James, Freddy Adu, and the suit brought against the National Football League by Maurice Clarett, this has developed into a hot button subject with multiple points of view, all of which will be explored in my research project. My intention in pursuing this research is to examine the pros and cons of both enacting minimum age requirements in professional sports and the social implications of following through with either option. There are a number of points of view and opinions on this subject and deservedly so, because the decisions that the professional leagues make will have far reaching implications for generations to come for the athletes themselves, their families, colleges, universities, and even the economy. When discussing a controversial subject such as this one, it is important to be aware that the debate begins much earlier than at that moment when a teenage athlete decides to make the jump from high school or even junior athletics into the professional leagues; it begins the moment a young athlete shows superior talent. This project will examine in depth the aspects of the arguments both for and against age requirements in sports.

Creditors "loosely lend" funds to third world nations controlled by despotic governments who in turn use the funds for their personal gain. According to the Doctrine of Odious Debts, debts incurred through the interests of corrupt leaders are odious and not enforceable. South Africa is a third world nation that is hindered from progress because they are drowning in debts incurred during the unjust apartheid era. This research examines the application of the doctrine of odious debts to South Africa and the legal effects of its application.

The field of' Liability for Animals' appears at first sight to be only of minor interest to academics. This, however, is a false syllogism as incidents involving animals are frequent, and courts constantly deal with claims regarding damages for injuries caused by animals. Indeed, in many countries the law of animals forms special subject. With respect to English law for instance Lord Simonds, using the metaphor of a train, remarked that the Common Law of torts has developed historically in separate compartments and that beasts have travelled in a compartment of their own. 1 However, it is also true, that within this "tort-train" a few animals lurking in the other compartments marked 'Negligence or Nuisance' may also be found.

The coexistence of customary and statutory law, tenure, and administration in peri-urban areas of sub-Saharan African (SSA) countries such as Nigeria may cause conflict and tension. An efficient and effective land administration systems (LASs) and legal frameworks are crucial for ensuring pro-poor objectives in land administration. Women, the vulnerable and the poor who are denied access to efficient and effective land administration services tend to experience tenure insecurity. Nigeria is one of the countries with an inefficient and ineffective LASs. The study explores the possibility of hybrid legal systems contributing to tenure insecurity in peri-urban areas of Southwest Nigeria. This study assesses customary and statutory laws and administration systems pertaining to Ekiti State, Nigeria to understand whether there is legal pluralism. A case study of customary and statutory laws, tenure, and administration was carried out using primary and secondary data. The study used three peri-urban cases from Ekiti State, Nigeria (Ikere-Ekiti, Ijero-Ekiti, and Oye-Ekiti) to learn how customary and statutory laws, tenure, and administration operate within the same geographical space. The study adopted Soft System Methodology (SSM), with two analytical frameworks: Responsible Land Management (RLM) and Fit-For-Purpose Land Administration (FFPLA). Moreover, the study used institutional isomorphism theory to determine the conflicting pressure exerted on the customary legal framework, comprising the customary courts and the Customary Court of Appeal of a State (CCAS). The LASs with their legal frameworks were assessed using text-based and empirical approaches. The study findings show weak and deep legal pluralism in LASs. The assessment leads to developing conceptual tools for assessing LASs with their legal frameworks. On the one hand, the conceptual tool for assessing LASs with their legal frameworks is based on the three pillars of human rights, the rule of law, and legal pluralism, taking a constitutional focus. The study findings revealed conflicting pressure exerted on customary courts and the Customary Court Appeal of a State (CCAS). On the other hand, the conceptual tool for measuring land tenure security based on three pillars of jurisdiction, legitimacy, and collaboration. The conceptual tools provide understanding of the influence of the hybrid legal system in LASs in peri-urban areas. The understanding of the influence of hybrid system is based on decentralising land administration activities, local land management, self-determination, and autonomy. The framework also incorporates legal and institutional flexibility. Areas of further research are recommended.