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2012

Criminal Law

Journal

Pepperdine Law Review

Consent

Articles 1 - 3 of 3

Full-Text Articles in Law

Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried Nov 2012

Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Innocent Threats, Concealed Consent, And The Necessary Presence Of Strict Liability In Traditional Fault-Based Tort Law , Marin Roger Scordato Feb 2012

Innocent Threats, Concealed Consent, And The Necessary Presence Of Strict Liability In Traditional Fault-Based Tort Law , Marin Roger Scordato

Pepperdine Law Review

This article identifies and carefully analyzes the use in tort law of what is termed unilateral and bilateral legal analysis. Unilateral, or one-party, analysis involves the design of legal doctrine that is focused on the characteristics or status of a single legal person. It is traditionally associated with criminal law, where the doctrinal attention is tightly focused on the criminal defendant. Inquiry may be made regarding the nature and degree of harm suffered by the victim, or whether the victim agreed to the harm producing act, but these considerations are generally relevant only to the degree that they shed light …