Tag Archives: Defenses&quot

Failure to file prehearing statements required by the reviewing agency's rules held to constitute a "waiver of defenses"

Failure to file prehearing statements required by the reviewing agency's rules held to constitute a "waiver of defenses" Matter of Smith v Albany County Sheriff's Dept., 2011 NY Slip Op 01559, Appellate Division, Third Department Raymond C. Smith, a correction … Continue reading

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"Cultural Defenses," Crime, and Mistakes of Fact

(Eugene Volokh) In light of the discussion on the cultural defense / de minimis statute thread, it might be helpful to think of another area where culture is relevant under existing law: mistakes of fact. Consider an example. Theft is … Continue reading

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