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Full-Text Articles in Law
Honest Beliefs, Credible Lies, And Culpable Awareness: Rhetoric, Inequality, And Mens Rea In Sexual Assault, Lucinda Vandervort
Honest Beliefs, Credible Lies, And Culpable Awareness: Rhetoric, Inequality, And Mens Rea In Sexual Assault, Lucinda Vandervort
Osgoode Hall Law Journal
The exculpatory rhetorical power of the term "honest belief" continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a "belief' in consent was or was not reckless or wilfully blind. An accused's "honest belief" routinely begs this question, leading to a truncated analysis of criminal responsibility and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in …
Case Note: Civil Procedure—The Forest For The Trees: The Minnesota Supreme Court Considers The Collateral Estoppel Effect Of Criminal Convictions In Illinois Farmers Insurance Co. V. Reed, Charles Delbridge
William Mitchell Law Review
This Note first examines the goals and history of the doctrine of collateral estoppel, including the great changes the doctrine has undergone of late. It then examines the facts of the Reed case, details the procedural history of the case, and outlines the analysis of the courts in deciding the case. This Note then analyzes both the successes and the failures of the Minnesota Supreme Court in the Reed opinion. Finally, this Note concludes that the Reed decision is correct in its privity and due process analyses, but falls short by failing to clarify what collateral estoppel effect a criminal …
Making It Easier To Milk The Cow: The Southern District Of New York Collapses The Culpable Participation Doctrine And Sidesteps The Private Securities Litigation Reform Act, Matthew W. Goulding
Making It Easier To Milk The Cow: The Southern District Of New York Collapses The Culpable Participation Doctrine And Sidesteps The Private Securities Litigation Reform Act, Matthew W. Goulding
Villanova Law Review
No abstract provided.