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- And suggests that the current bi-polar (objective-subjective) conception of reasonableness be replaced with a conception of reasonableness that recognizes different gradations of objectivity. (1)
- But the defendant's conduct must also be reasonable. The article also proposes a new form of imperfect self-defense. If the defendant's beliefs are reasonable but his conduct unreasonable (1)
- Capital sentencing (1)
- Changed circumstances (1)
- Commerce Clause (1)
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- Consumer protection (1)
- Contracts (1)
- Death penalty (1)
- Default rule (1)
- Dispute resolution (1)
- Good faith purchase doctrine (1)
- Guilt attribution (1)
- Holder in due course (1)
- Internet (1)
- Judicial deference (1)
- Juror-victim racial similarity (1)
- Negotiability (1)
- Negotiable instrument (1)
- Original meaning (1)
- Race and the jury (1)
- Race and the victim (1)
- Racial disparity (1)
- Restatement (1)
- Supreme Court (1)
- Textualism (1)
- Then the defendant may be acquitted of the charged offense and liable for a lesser offense. The article also explores the meaning of reasonableness in self-defense doctrine (1)
- This article critiques traditional formulations of the defense of self-defense which focus upon the reasonableness of the defendant's beliefs (1)
- This article proposes a dual requirement for perfect self-defense. Not only must the defendant's beliefs be reasonable (1)
- U.C.C. (1)
- UCC (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
The Holder In Due Course Doctrine As A Default Rule, Gregory E. Maggs
The Holder In Due Course Doctrine As A Default Rule, Gregory E. Maggs
GW Law Faculty Publications & Other Works
The "holder in due course" doctrine, as implemented by Article 3 of the Uniform Commercial Code, says that a party who acquires a negotiable instrument in good faith, for value, and without notice of certain facts, and who also meets some additional requirements, takes the instrument free of competing claims of ownership and most defenses to payment. The standard justification for immunizing a holder in due course from claims and defenses is that the immunity will encourage beneficial commercial transactions. The standard explanation for the various requirements for attaining holder in due course status - good faith, value, lacking notice …
Ipse Dixit: The Restatement (Second) Of Contracts And The Modern Development Of Contract Law, Gregory E. Maggs
Ipse Dixit: The Restatement (Second) Of Contracts And The Modern Development Of Contract Law, Gregory E. Maggs
GW Law Faculty Publications & Other Works
This article considers how courts have responded to the inclusion of six innovative rules in the Restatement (Second) of the Law of Contracts. It observes that most courts simply have deferred to the new rules. In the vast majority of cases, courts gave no reasons for their decisions to embrace the six rules. They simply cited them as they would cite a statute or code and did not question their authority. This practice raises an important normative question: Should courts follow the Restatement (Second) as readily as they currently do? The article concludes that, although some arguments counsel against deference …
The Act-Belief Distinction In Self-Defense Doctrine: A New Dual Requirement Theory Of Justification, Cynthia Lee
The Act-Belief Distinction In Self-Defense Doctrine: A New Dual Requirement Theory Of Justification, Cynthia Lee
GW Law Faculty Publications & Other Works
This article critiques traditional formulations of the defense of self-defense which focus upon the reasonableness of the defendant's beliefs, without requiring a separate inquiry into the reasonableness of the defendant's conduct. The article also critiques formulations of the defense which require the defendant to be correct about the existence of justifying circumstances. Rather than focus exclusively upon the defendant's beliefs or exclusively upon the defendant's conduct, this article proposes a dual requirement for perfect self-defense. Not only must the defendant's beliefs be reasonable, but the defendant's conduct must also be reasonable. The article also proposes a new form of imperfect …
Race And The Victim: An Examination Of Capital Sentencing And Guilt Attribution Studies, Cynthia Lee
Race And The Victim: An Examination Of Capital Sentencing And Guilt Attribution Studies, Cynthia Lee
GW Law Faculty Publications & Other Works
This article examines the effect of the race of the victim on legal decision making in capital and non-capital criminal cases. A large body of research on race and capital sentencing indicates that the crime victim's race affects the prosecutor's decision to seek, and the jury's decision to recommend, the death penalty. The most well known of these is undoubtedly the Baldus study, which provided the data underlying the defendant's challenge to the Georgia death penalty regime in McCleskey v. Kemp. Less well known are empirical analyses conducted since the Supreme Court rejected McCleskey's challenge. The article reviews several of …
Internet Solutions To Consumer Protection Problems, Gregory E. Maggs
Internet Solutions To Consumer Protection Problems, Gregory E. Maggs
GW Law Faculty Publications & Other Works
This Article claims that the Internet may provide consumers with new kinds of protection in buying goods and services and new powers in resolving disputes. The Internet achieves these results by reducing the cost of communication.
Translating Federalism: A Textualist Reaction, Gregory E. Maggs
Translating Federalism: A Textualist Reaction, Gregory E. Maggs
GW Law Faculty Publications & Other Works
In his rich and important article, Translating Federalism: United States v Lopez, Professor Lawrence Lessig advances two ambitious and provocative claims. Lessig first asserts that the Supreme Court has sought to control the expansion of federal power by "translating" the Commerce Clause instead of following the Clause's textual meaning. Second, Lessig proclaims that, as a normative matter, the Supreme Court should engage actively in this type of translation. In his view, the Court shows greater fidelity to the Constitution by reading it in ways that preserve the document's original function than the Court exhibits by strictly following the document's text. …