HISTORY BACKGROUND ACADEMIC PROFESSIONAL ASSOCIATIONS PUBLICATIONS & PRESENTATIONS PUBLICATIONS PRESENTATIONS LETTER TO THE EDITOR RECOGNITIONS WRITTEN ABOUT JAMES CLIENTS CREDO CONTACT US

 

WHAT IS WRITTEN ABOUT: James Shellow

 

Professor Matthew A. Pauley writes
Rutledge’s most serious criticism is his accusation that the Court is adopting a theory of vicarious liability. This criticism of the Pinkerton case has been echoed by many others. In a 1985 article, for instance, Professor James Shellow and his colleagues stated categorically that, in the Pinkerton case, “the Supreme Court imported the civil concept of vicarious liability into the American law of criminal conspiracy.” The view that Pinkerton adopts a new vicarious liability also informed the Model Penal Code’s rejection of the Pinkerton doctrine as offensive to the law’s “sense of just proportion."

Pierce Law Review

< Return