Due Process Limits on Accomplice Liability

In a prior piece in this journal, I noted some disturbing developments in the law of accomplice liability. By definition, complicity law attaches guilt to the accomplice for the criminal acts of others.  Thus, no matter how trivial the assistance or commitment, she is as guilty as the actual criminal actor.  The notion of guilt for subsequent crimes […]

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The Limitations of Economic Reasoning in Analyzing Duress

My colleagues and friends, Mark Seidenfeld and Murat Mungan, have made an interesting attempt to reduce the doctrine of duress in contract law to an inquiry about “rent-seeking,” by which they mean attempts to redistribute rather than to produce wealth. There is much truth in their argument, and they are admirably sensitive to many factors that […]

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Tax Credits on Federally Created Exchanges: Lessons from a Legislative Process Failure Theory of Statutory Interpretation

This Essay advocates that the question of whether, under the Affordable Care Act, individuals who purchase insurance on federally created exchanges are eligible for tax credits should be interpreted using a recently proposed method of reading statutes – the “legislative process failure theory of statutory interpretation.” Under this theory, courts should not rely on traditional judicial […]

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