February 2006 Vol. 104 No. 4 THE REVIEW
ARTICLES

Choice, Consent, and Cycling: The Hidden Limitations of Consent

Leo Katz

If there is consent, a rape is no longer a rape, but lovemaking; a theft is no longer a theft, but a gift; a battery is no longer a battery, but surgery, or sports, or massage. A wrong, it seems, is no longer a wrong if the victim consents to it. That at least is the generally accepted view.

 

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Should Coercive Interrogation Be Legal?

Eric A. Posner & Adrian Vermeule
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American Indians, Crime, and the Law

Kevin K. Washburn
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NOTES

Declining to State a Name in Consideration of the Fifth Amendment's Self-Incrimination Clause and Law Enforcement Databases after Hiibel

Joseph R. Ashby

In response to a report of an argument on a public sidewalk, a police officer approaches two people standing in the vicinity of the reported dispute. The officer requests that each person provide her name so the officer can run the names through databases to which the police department subscribes. After searching each name through various databases, the officer might discover that one of the individuals made several purchases of cold medicine containing pseudoephedrine and that the other just received a license from the State to procure certain hazardous chemicals. These two people might be in the early stages of setting up a methamphetamine ring, or they might respectively be a person getting over a cold and an entrepreneur. In either case, merely by giving her name, each person provided the police officer with information that she could have reasonably believed might lead the officer to incriminating evidence.

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