On Thu, Feb 26, 2009 at 13:01, Kerim Aydin <ke...@u.washington.edu> wrote: > > On Thu, 26 Feb 2009, Charles Reiss wrote: >> On Thu, Feb 26, 2009 at 12:41, Kerim Aydin <ke...@u.washington.edu> wrote: >> (d) deliberately does not care about what the defendent actually >> thinks, only what e could have thought. Therefore, there is no reason >> to consider the defendent's admission in deciding whether it is >> acceptable. > > Um, IIRC I wrote (d), and I beg to differ on it what it deliberately > cares about. -G.
Looking at the archives, I guess you probably did. But I don't know how else you expected people to interpret a change from the old wording ("UNAWARE, appropriate if the defendant reasonably believed that the alleged act did not violate the specified rule") to one that uses "could have". And, well, I think it's an improvement. - woggle