Results for 'IF'
Dual Sovereignty, Due Process, and Duplicative Punishment: A New Solution to an Old Problem
offense.” This is true even if the offenses contain identical elements and even if the underlying statutes contain identical language. The result is that
The Mens Rea of Accomplice Liability: Supporting Intentions
commission of an offense. I suggest considering instead his stance toward the perpetrator’s intention to act: a helper is an accomplice, on this view, if
Forum: Law Reviews, the Internet, and Preventing and Correcting Errors
Such a policy would save other scholars effort. If a source was useful for one article, it might be useful again. Why put others to the trouble, time
Bounded Institutions
other rules to guide the agent’s decision. If agents are biased but otherwise share preferences with the principal—and the principal knows the
Forum: The Taxing Power, The Affordable Care Act, and the Limits of Constitutional Compromise
comparative advantage, if any, lies in the tax field. I have covered this ground before, but I return to respond to the commentators who criticized my
Forum: EBay’s Second Life: When Should Virtual Earnings Bear Real Taxes?
and a raft of hotels has no additional wealth—those assets are returned to the box once the game is over. If user agreements that state that all of
Forum: Delineating the Heinous: Rape, Sex, and Self-Possession
stolen. According to that belief, if a woman wants to have sex with anyone other than her husband, she isn’t chaste and is therefore incapable of being
Forum: Executives Do Not Need Waivers and Companies Should Not Offer Them: A Response to Mark Kressel
wrongdoing. Mr. Kressel’s proposal is unnecessary because corporate directors and officers rarely, if ever, need to rely on a defense of advice of counsel
Forum: RFRA and First Amendment Freedom of Expression
religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section. (b) Exception. Government
Criminal Attempts
often very difficult to tell if a particular defendant has committed a criminal attempt; the courts do not know exactly what they are looking for