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...

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...

Allowing citizens to carry concealed weapons deters violent crimes and it appears to produce no increase in accidental deaths or suicides. If those states who did not have right-to-carry concealed gun provisions had adopted them in 1992, approximately 1570 murders and over 4177 rapes would have...

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...

This essay address the Israeli Supreme Court decision holding that the use of physical force by the General Security Service (GSS) in the course of its interrogations of terror suspects was unauthorized by Israeli law. The Court ruled that, in the absence of explicit enabling legislation, the...

The contribution is based on an earlier article, 'Reshaping Commonwealth Caribbean Jurisprudence: From Pratt and Morgan to Joseph and Boyce' (2007) 32 (2) West Indian Law Journal (forthcoming). That article traces the continuity between the Privy Council decision in Pratt and Another v the AG...

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...

An entry in the Encyclopedia of Civil Liberties explaining the United States Supreme Court's decision in Schmerber v. California upholding the constitutionality of the compelled extraction of blood sample evidence from an arrestee as quot;realquot; evidence as opposed to a quot;testimonialquot;...

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...