The privilege against self-incrimination has been widely attacked as lacking any sound theoretical basis. This article seeks to craft a new one, a variant on the supposedly discredited mental privacy rationale. Drawing on cognitive psychology and linguistics, this piece argues that the privilege...

This is a brief and informal discussion of some issues related to corporate criminal liability arising in recent cases. It expands on my remarks in connection with the University of Maryland School of Law's Roundtable on the Criminalization of Corporate Law, drawing on my recent commentary on...

The attorney-client privilege protects communications between a client and his attorney, so that other litigants cannot demand these e-mails, letters, and so on through the pre-trial process of discovery. This privilege is ordinarily waived, however, if the client leaks such a document to a...

The legal and economic analysis presented here empirically tests the theoretical framework advanced by Kugler, Verdier, and Zenou (2004) and Buscaglia (1997) and moves further by focusing on the identification of the institutional mechanisms that have proven to affect the levels of organized...

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...

This article discusses the potential effects of a declaration by Ireland on its acceptance of the European Arrest Warrant (stating Ireland's opposition to investigative detention) on the interpretation of the Framework Decision and of Ireland's implementing legislation, in the broader context of...

Should the level of liability imposed on an injurer be based on the harm he caused or instead on the gain he obtained from engaging in the harmful act? There is a strong reason to favor liability based on harm rather than gain when account is taken of the possibility of legal error. Notably,...

This paper was presented at a symposium on Fulfilling the Legacy: International Justice 60 Years After Nuremberg, sponsored by Amnesty International, and published by the Gonzaga Journal of International Law. The article critiques the detention of enemy combatants by U.S. military forces at...

This study discusses a murder case in France's trial court for the most serious crimes, the Cour d'assises. The case was highly unusual because the person on trial was an American, accused of having murdered other Americans in the United States. For reasons given below, cases in which crimes...