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Reason
Reason
Eugene Volokh

The Right to Defy Criminal Demands: Negligence and the Robber's Explicit Demands

I've just finished up a rough draft of my The Right to Defy Criminal Demands article, and I thought I'd serialize it here, minus most of the footnotes (which you can see in the full PDF). I'd love to hear people's reactions and recommendations, since there's still plenty of time to edit it. You can also be previous posts (and any future posts, as they come up), here.

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Let's return to situation 3 from the Introduction: Craig comes to rob Danielle's store; he is demanding money, and Danielle has reason to think that, if she doesn't comply, he'll injure some of the patrons. Does this make Danielle legally liable if she refuses to comply, on the theory that she has an affirmative duty to protect her business visitors, and failing to give in to the demands violates that duty?

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