Public Law & Legal Theory
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" (University of Chicago Public Law & Legal Theory Working Paper No. 185, 2007).