Law & Economics Working Papers
This short essay, written for a symposium commemorating Richard Posner's twenty-fifth year as a judge, examines Judge Posner's majority opinion for a closely divided en banc decision on the federal entrapment defense. The cases considers a fundamental issue in the meaning of the element of "predisposition." Judge Posner crafts a boldly innovative reading of the Supreme Court precedent on the topic, introducing the element of "position" or "readiness" to predisposition. I claim the result, properly understood, is to rationalize the doctrine of entrapment.
Richard H. McAdams, "Reforming Entrapment Doctrine in United States v. Hollingsworth" (John M. Olin Program in Law and Economics Working Paper No. 362, 2007).