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...

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...

All federal courts (and most state courts) agree that when a criminal defendant pleads nolo contendere and subsequently becomes a civil defendant, his plea is inadmissible against him pursuant to Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure 11(f). Conversely, courts are...

An entry in the comprehensive Encyclopedia of American Civil Liberties explaining the relevant facts, holding and reasoning of the United States Supreme Court's decision in Arizona v. Hicks, a fourth amendment search and seizure case

As the title indicates, the paper focuses on whether the FSA imposes sanctions which are of a criminal nature but which are not presented as such. At the origin of the question are human rights issues. If the FSA were not to recognize as imposing criminal sanctions, the proceedings should be...

A number of recent corporate law scandals (including the Wells Fargo fraudulent accounts scandal, the Volkswagen emissions scandal, sexual harassment claims at Fox News and CBS, and various banking scandals currently under investigation in a high profile Australian Royal Commission) epitomize...