This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention of Sexual Harassment Law in 1998, 222...

Prof. Adam Kolber's theory on punishment calibration is a novel and interesting way to approach the problem of personality differences among prisoners and the questions those differences raise for classical retributivist and consequentialist punishment theories. However, there are problems of...

This Article is as simple and provocative as its title suggests: it explores the legal implications of the word fuck. The intersection of the word fuck and the law is examined in four major areas: First Amendment, broadcast regulation, sexual harassment, and education. The legal implications...

The Miranda warnings are very much a product of their time, and this paper argues that, because they are prophylactic, the warnings can and should be modified in the context of the War on Terror. On the other hand, while Miranda over-regulates confessions in some contexts, it under-regulates in...

This Essay, prepared in connection with the Marquette University Conference on Plea Bargaining: Understanding and Improving Dispute Resolution in Criminal Law, critiques the application of behavioral law and economics to the criminal justice system. It offers two reasons to be skeptical of the...

Through analysis of two recent cases, one Israeli and one British this paper advances a deliberative paradigm with which to understand emerging global, meta-constitutional norms, such as prohibition against torture, enforced through transitional adjudication. More specifically, this paper...

Several European countries base their anti-usury laws on the definition of interest ceilings. Underlying this approach is the identification of high interest rates with the usurious nature of the relative credit contract; hence usury is nothing more than a particularly onerous credit...

Is the usurer just an illegal banker? Economic literature generally gives a positive answer to this question, as it does not identify any specific feature to differentiate the market of usury from any other credit market. The usurer offers a debit contract with the same qualitative...

The term show trial surfaces frequently in discussions of the trial of Saddam Hussein, but the term's meaning is not clear. This Article proposes that show trial be defined by the presence of two essential elements: a heightened probability of the defendant's conviction, and a focus on the...

The French have recently created a jury court of appeal (cour d'assises d'appel) for appeals from the jury trial court (cour d'assises) which latter, transplanted from the British after the Revolution, judges serious criminal cases. A convicted accused has now a right to a new trial before...