The adversary system of trial, the defining feature of the Anglo-American legal procedure,
developed late in English legal history. For centuries defendants were forbidden to have …

Witt argues that experiments in accident law at the turn of the 20th century arose out of
competing views of the loose network of ideas and institutions that historians call the …

In response to the broad scope of the Enron-era frauds, the federal government has adopted
novel strategies to manage the complexity of corporate criminal investigations. Chief among …

The US Supreme Court has long pondered how the Fourth and Fifth Amendments relate
during a criminal investigation. Under the hoary, nineteenth century Boyd doctrine, the Court …

Many state and federal statutes provide that when property is used in certain prohibited
ways, ownership of the property passes to the government. Often, the statutes allow these …

There are two strange discontinuities in accounts of the history of American accident law.
First, the historical literature's narrow focus on the common law of tort contrasts sharply with …

This book is a historical inquiry into law and the experience of American nationhood. Like so
much else in early twenty-first century America, the book's beginnings can be traced to the …

The law and basic commitments of criminal procedure, though subject to unending contest
at their margins, are reasonably mature. They have developed mostly in terms of a binary …

For more than a century, judges and commentators have sought to determine the proper
meaning of the Self-Incrimination Clause of tile Fifth Amendment Although the Supreme …

Lower courts recently have divided on how the privilege against self-incrimination applies to
accessing encrypted digital evidence. 1 The issue usually comes up when the police seize a …