Epstein Secrets

—and we needn't do so even in this case. We cite Professor Cassell's article here (and elsewhere) for several reason

agreement that these "proceeding"-focused rights apply only after the filing of a complaint or criminal charges. See Reply in Supp. of Pet. at 17; Paul G. Cassell, et aL, Crime Picini's' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed, 104 J. of

they assert that the term "case" can "refer both to a judicial case before a court and an investigative case pursued by a law enforcement officer," Cassell et al., supra, at 72 (emphasis added).9 Although it's true, at least in the abstract, that the term "case" can mean either thing, in legal parlanc

rule, that where there is a legal right, there is also a legal remedy." Marbury v. Madison, 5 U.S. 1 Cranch 137, 163, 2 L.Ed. 60 (1803) (quoting 3 William Blackstone, Commentaries *23). For that reason, "[w]here legal rights have been invaded, and a federal statute provides for a general right to sue for such i

ecution.' " Id. at 22. Thus, she says, our interpretation impermissibly renders the terms "detection" and "investigation" meaningless. Id.; see also Paul G. Cassell et al., Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed, 104 J. Crim

9:08-cv-80736-KAM Attorneys and Law Firms Paul Cassell, University of Utah College of Law, SALT LAKE CT

hat where there is a legal right, there is also a legal remedy." I I Marbuty v. Madison, 5 U.S. (I Cranch) 137, 163, 2 L.Ed. 60 (1803) (quoting 3 William Blackstone, Commentaries *23). I agree with the Majority, however, that the presence of rights- creating language alone does not establish that crime victims

ustified lethal force, see generally Heather Ann Thompson, Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy (2016). 41 Cf. Paul Cassell, Who Prosecutes the Police? Perceptions of Bias in Police Misconduct Investigations and a Possible Remedy, Wash. Post: Vololkh Conspiracy Blog (Dec.

ntly directed at public wrongs, he did so in the context of a late eighteenth century justice system in which private prosecutions were common. See 4 William Blackstone, Commentaries on the Laws of England: Book the Fourth 5-6 (1795). 78 See Jacoby, supra note 70, at 23 (concluding that after 1789 “for the first hal

chments/2015/02/06/{v2014aprfv_20]6app2.pdf (describing aspects of the "Vulnerable People Priority Goal"). 46 See Lichtblau, supra note 141. 47 See Paul G. Cassell & James R. Marsh, Full Restitution for Child Pornography Victims: The Supreme Court's Paroline Decision and the Need for a Congressional Response, /3