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Articles 1 - 6 of 6
Full-Text Articles in Law
Union Autonomy And Federal Intrusion, Hannah Borowski
Union Autonomy And Federal Intrusion, Hannah Borowski
University of Colorado Law Review
Union autonomy, a critical aspect of the health and growth of unions and employee power broadly, is weakened by (1) the Department of Justice’s (DOJ) attempts to target organized crime through civil Racketeer Influenced and Corrupt Organizations Act (RICO) litigation against unions and (2) the creation of federal trusteeships in settlement, both of which can be analyzed through litigation between the DOJ and the International Brotherhood of Teamsters (Teamsters or IBT) at the end of the 20th century. The field of compliance offers a solution to prevent these breaches of union autonomy. Relying on the Federal Sentencing Guidelines and the …
American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin
American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin
Publications
In an effort to reexamine legal and political decisions about criminalization and the role of the criminal law in shaping American markets and social institutions, this Article explores the ways in which criminal conspiracy laws in the United States have historically been used to subdue nonstate actors and informal markets that threatened the hegemony of the state and formal market. To this end, the Article focuses primarily on the Racketeer Influenced and Corrupt Organizations Act (RICO) as illustrative of broader trends in twentieth-century criminal policy. Enacted in 1970, RICO provides criminal sanctions for individuals engaged in unacceptable organized activities and …
Rico: Is It A Panacea Or A Bitter Pill For Labor Unions, Union Democracy And Collective Bargaining?, Steven T. Ieronimo
Rico: Is It A Panacea Or A Bitter Pill For Labor Unions, Union Democracy And Collective Bargaining?, Steven T. Ieronimo
Hofstra Labor & Employment Law Journal
No abstract provided.
Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy
Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy
University of Michigan Journal of Law Reform
Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …
A Leash Upon Labor: Rico Trusteeships On Labor Unions, Kenneth R. Wallentine
A Leash Upon Labor: Rico Trusteeships On Labor Unions, Kenneth R. Wallentine
Hofstra Labor & Employment Law Journal
No abstract provided.
The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall
The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall
Fordham Urban Law Journal
The author examines corruption within labor unions and the responses to that corruption with the use of two laws, the Labor-Management Reporting and Disclosure Act of 1959 and the Hobbs Act. While the LMRDA guarantees union members important rights, corruption and the influence of organized crime has severely weakened members’ ability to exercise those rights. The author argues that RICO actions can and should be pursued against those who extort and otherwise violate union members’ rights because the remedies available under RICO are stronger than those available under the Hobbs Act. The author contends that the Hobbs Act should be …