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Criminal Law

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2013

Faculty Articles

Death and Taxes and Zombies

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Prosecuting The Undead: Federal Criminal Law In A World Of Zombies, Michael L. Smith Jan 2013

Prosecuting The Undead: Federal Criminal Law In A World Of Zombies, Michael L. Smith

Faculty Articles

Adam Chodorow's recent essay, Death and Taxes and Zombies, has alerted the legal world to the dangers posed by the looming zombie apocalypse. Chodorow successfully demonstrates that existing tax laws are woefully inadequate in a world where the undead outnumber the taxpaying living. In this Essay, I argue that while tax law may be ill suited to address the zombie apocalypse, federal criminal law offers an alternative approach to solving the problems that Chodorow identifies. In fact, the only plausible explanation for the existence of seemingly pointless features of federal criminal law is that these features are precautions for this …