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Criminal Law for Undead ‏- UCLALawReview

March 10, 2014

UCLA Law Review Discourse: Prosecuting the Undead: Federal Criminal Law in a World of Zombies by Michael L. Smith, 61 UCLA L. Rev. Disc. 44

This appears to have published last year (July?), so I’ve missed this for a while already. It refers to Chodorow‘s tax article and claims that criminal law is better suited to zombies than tax law may be:

Part I of this Essay will briefly discuss the implications of a zombie apocalypse and how tax and tort laws are unable to address this disaster. Part II notes that federal criminal law’s broad scope and liberal use of strict liability allow legal action against unconscious zombies. The creation of new crimes prohibiting the spread of the zombie germ or attempts to spread this disease, coupled with severe fines for these crimes, will address the simultaneous problems of the government’s loss of revenue from a decimated tax base and the government’s need for revenue to combat the zombies. Part III discusses how criminal restitution can supplement federal crimes and tax laws by transferring the resources of the undead to the living, providing those still alive with necessary funds to purchase weaponry and supplies. I conclude that while Chodorow raises a valid critique of tax laws, extant criminal law—for all its contemporary shortcomings—may effectively serve the functions of the tax code when the undead begin to attack the living.

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