The Theory, History, and Practice of the Bribery-Extortion Distinction

In the law of blackmail and extortion, two topics have generated great debates: the paradox of blackmail and the bribery-extortion distinction.The paradox debate has so far been more theoretical than practical or historical, while the bribery-extortion debate has been more practical and historical than theoretical.In this Article, I will first examine the theoretical overlap of bribery and extortion.Next, I will try to tie together the paradox debate and the briberyextortion debate.As I see it, the same principle that underlies bribery underlies public official extortion and blackmail.That is part of what has made extortion and bribery so difficult to distinguish.Then I will analyze the recent Supreme Court jurisprudence of extortion and answer some of the historical questions raised by the sharp exchange between Justices Stevens and Thomas over my work.I.