It is widely believed that the structure of free expression adjudication varies dramatically between the United States, on the one hand, and Canada, South Africa, and the European Convention on Civil Rights, among others, on the other hand. Under the conventional wisdom, American freedom of...

In the <italic>Principles of the Penal Code</italic>, Jeremy Bentham described offences that he labelled presumed or evidentiary. The conduct penalized under such offences is punished not because it is intrinsically wrong, but because it probabilistically indicates the presence of an intrinsic wrong. Bentham was...

There was a time when the topic of legal fictions engaged many of the most important thinkers about law, including Jeremy Bentham, Morris Cohen, John Chipman Gray, Jerome Frank, Lon Fuller, Rudolf von Ihering, Hans Kelsen, Henry Sumner Maine, Alf Ross, and Pierre de Tourtoulon, among many...

For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, environmental, and other litigation has functioned as an alternative form of regulation, the debate asks whether policy-making or regulation by litigation is more or less socially...

Psychologists have recently begun to study the psychological dimensions of judging, but to date almost all of the research has been on lay experimental subjects. Implicit in the research, therefore, is that the judge's attributes as a human bring are more important than the judge's attribute's...

Suppose you have a wooden board, and you need to drive a nail into it. You have the nail, and you have the board, but you do not have a hammer. You do, however, have a pipe wrench. What do you do? Faced with this problem, some people would simply abandon the task. Not possessing the right tool...

Although a great deal of sexual harassment takes place without words, even more of it does not. Whether it be the words that are used to make the kind of "quid pro quo" proposition that characterizes the classic if-you-sleep-with-me-you-will-not-get fired form of sexual harassment, or the...

Both criminal and regulatory law have traditionally been skeptical of what Jeremy Bentham referred to as evidentiary offenses - the prohibition (or regulation) of some activity not because it is wrong, but because it probabilistically (but not universally) indicates that a real wrong has...