Richard H. McAdams (University of Chicago Law School) has posted Reforming Entrapment Doctrine in United States v. Hollingsworth (University of Chicago Law Review, Vol. 74, 2007) on SSRN. Here is the abstract:
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.
Short, illuminating, and recommended!
