Jed I. Bergman and Cynthia M. Jordano summarize the key principles courts generally apply in deciding whether to permit Fifth Amendment adverse inferences in civil suits against corporate defendants.

Almost a century ago, Justice Louis Brandeis recognized that “[s]ilence is often evidence of the most persuasive character.” Bilokumsky v. Tod, 263 U.S. 149, 153 (1923). In civil litigation that ...

Big data is like the Atlantic Ocean; it’s huge and deep and full of power but we know that—whatever we have done so far—we have barely touched its potential. One example of tapping the potential of ...

We are concerned with the problem of estimating the number of antigens in a system and of determining the antibody composition of a panel of sera from the pattern of reaction of these sera with a ...