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(1)The core and periphery analysis: is this to be done for each case where a defense is brought up? Or is this just a way of thinking about these cases? It is a way of thinking. Most of the cases where your services will be needed are on the periphery. You should know that you are there as you argue for your client.
(2) I was curious as to what the standard of “active participation” is. In Carroll v. Beardon, Carroll knew what Beardon’s intentions were with the property in question, and knew it was illegal. I know the court here decided that Carroll, upon selling the property to Beardon, did not have a hand in any events that took place afterwards. However, I have come to understand that a lack of action may be seen as an action. — Excellent. Although in this case, the seller actively participated by receiving much more than the property would be worth (were it not a house of prostitution). I like dirty hands as a standard rather than “active participation” partly because of your question. and we know, hands can be dirty both by actions and by inactions (Please wash your hands).