M. Beth Valentine | University of North Dakota (original) (raw)
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Papers by M. Beth Valentine
Law and Philosophy, 2017
My thanks to an anonymous reviewer for her/his help with the organizational structure of this art... more My thanks to an anonymous reviewer for her/his help with the organizational structure of this article. CONSTRUCTIVE ''CONSENT'' Constructive Consent: Based upon S's voluntary acquiesce to U, or act of U-ing, it is permissible to treat S as if she actually consents to something else. 4
International Journal of Legal Information, 1982
1 2 3 Your article is protected by copyright and all rights are held exclusively by Springer Scie... more 1 2 3 Your article is protected by copyright and all rights are held exclusively by Springer Science+Business Media B.V., part of Springer Nature. This e-offprint is for personal use only and shall not be self-archived in electronic repositories. If you wish to self-archive your article, please use the accepted manuscript version for posting on your own website. You may further deposit the accepted manuscript version in any repository, provided it is only made publicly available 12 months after official publication or later and provided acknowledgement is given to the original
De minimis defenses are an understudied aspect of law, appearing in legal practice more often tha... more De minimis defenses are an understudied aspect of law, appearing in legal practice more often than in legal theory but rarely garnering any type of extensive analysis in either. This has led to an unfortunate state of affairs in which one term is applied to a set of practices that are, at best, only loosely connected. Using Paul Robinson’s system of defense types, this paper will illustrate the various roles and functions the de minimis defense plays in our legal system. In doing so, it will highlight the dangers of viewing the defense as monolithic and suggest that our terminology surrounding de minimis ought to be revised due to the differing justifications that support the application of each de minimis
type.
Law and Philosophy, 2017
My thanks to an anonymous reviewer for her/his help with the organizational structure of this art... more My thanks to an anonymous reviewer for her/his help with the organizational structure of this article. CONSTRUCTIVE ''CONSENT'' Constructive Consent: Based upon S's voluntary acquiesce to U, or act of U-ing, it is permissible to treat S as if she actually consents to something else. 4
International Journal of Legal Information, 1982
1 2 3 Your article is protected by copyright and all rights are held exclusively by Springer Scie... more 1 2 3 Your article is protected by copyright and all rights are held exclusively by Springer Science+Business Media B.V., part of Springer Nature. This e-offprint is for personal use only and shall not be self-archived in electronic repositories. If you wish to self-archive your article, please use the accepted manuscript version for posting on your own website. You may further deposit the accepted manuscript version in any repository, provided it is only made publicly available 12 months after official publication or later and provided acknowledgement is given to the original
De minimis defenses are an understudied aspect of law, appearing in legal practice more often tha... more De minimis defenses are an understudied aspect of law, appearing in legal practice more often than in legal theory but rarely garnering any type of extensive analysis in either. This has led to an unfortunate state of affairs in which one term is applied to a set of practices that are, at best, only loosely connected. Using Paul Robinson’s system of defense types, this paper will illustrate the various roles and functions the de minimis defense plays in our legal system. In doing so, it will highlight the dangers of viewing the defense as monolithic and suggest that our terminology surrounding de minimis ought to be revised due to the differing justifications that support the application of each de minimis
type.