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Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams
Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams
Faculty Publications
This Securities Symposium provides an opportunity to evaluate civil RICO's place in American law at the end of the private remedy's first quarter-century. In its essence, civil RICO is the unfortunate product of crime legislation hastily enacted in the heat of a national political campaign. Rushing toward adjournment, Congress enacted RICO on October 12, 1970 as Title IX of the omnibus Organized Crime Control Act (OCCA). President Nixon signed the OCCA on October 15. Less than three weeks later, Americans preoccupied with crime went to the polls in off-year congressional elections after a shrill campaign dominated by ‘law and order‘ …
Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams
Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams
Faculty Publications
As the names ‘Organized Crime Control Act’ and ‘Racketeer Influenced and Corrupt Organizations' themselves indicate, Congress' concern was the threat posed by organized crime and racketeering. The OCCA's purpose was ‘to seek the eradication of organized crime in the United States . . . by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.’ According to the Senate Report, RICO's purpose was to ‘eliminate . . . the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce.’
The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams
The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams
Faculty Publications
When a federal court resolves equipoise in its effort to determine the contours of a litigant class created by an express private cause of action, the court should consider the control that the Federal Rules of Civil Procedure, taken as a whole, exercise on the conduct of litigation. With civil RICO as background, part II presents this thesis and discusses the circumstances in which procedural control would be an element supporting a determination *1481 that Congress created a broad litigant class. Implicit in the notion of equipoise is the threshold recognition that when a court engages in statutory interpretation, it …