Gregory M. Gilchrist (University of Toledo College of Law) has posted Willful Blindness as Mere Evidence (Loyola of Los Angeles Law Review, Forthcoming) on SSRN. Here is the abstract:
The willful blindness doctrine at criminal law is well-established and generally fits with moral intuitions of guilt. It also stands in direct tension with the first principle of American criminal law: legality. This Article argues that courts could largely preserve the doctrine and entirely avoid the legality problem with a simple shift: willful blindness ought to be re-conceptualized as a form of evidence.