Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaigns, James J. Brudney
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaigns, James J. Brudney
James J. Brudney
Over the past 30 years, facing volatile economic conditions and complex corporate relationships, unions have mounted coordinated campaigns (aimed at consumers, public officials, lenders, the media, and the public) in order to help organize new workers and to renew collective bargaining relationships. These often high-profile campaigns have at times been quite successful. In response, employers since the late 1980s have invoked civil RICO’s broad language to claim that the campaigns constitute actionable extortion. When these employer claims survive a motion to dismiss, they carry the threat of treble damages, attorneys’ fees, and reputational harms associated with unions being labeled mobsters. …
Sarbanes-Oxley & The Culture Of Bribery: Expanding The Territorial Scope Of Private Whistleblower Suits To Overseas Employees, Matt A. Vega
Sarbanes-Oxley & The Culture Of Bribery: Expanding The Territorial Scope Of Private Whistleblower Suits To Overseas Employees, Matt A. Vega
Matt A Vega
SARBANES-OXLEY & THE CULTURE OF BRIBERY: EXPANDING THE TERRITORIAL SCOPE OF PRIVATE WHISTLEBLOWER SUITS TO OVERSEAS EMPLOYEES, by Matt A. Vega
This article has been accepted for publication in Vol. 46, No. 2 Harvard J. on Legis. 425 (Summer 2009).
Abstract: This paper examines the use of private transnational litigation to enforce the Foreign Corrupt Practices Act of 1977 (FCPA). Small, but repetitive bribery of foreign officials by local employees is the Achilles heel of corporate ethics. In fact, it is what perpetuates the “culture of bribery” that makes major corruption possible. Unless overseas employees refuse to give in to …
Structural Strength: Resolving A Circuit Split In Boyle V. United States With A Pragmatic Proof Requirement For Rico Associated-In-Fact Enterprises, Michael Morrissey
Structural Strength: Resolving A Circuit Split In Boyle V. United States With A Pragmatic Proof Requirement For Rico Associated-In-Fact Enterprises, Michael Morrissey
Fordham Law Review
This Note addresses the circuit split among the U.S. Courts of Appeals over whether proving an associated-in-fact RICO enterprise requires proof of some ascertainable structure distinct from the underlying pattern of racketeering. After discussing the history of RICO and RICO enterprises, this Note dissects the three-way circuit split and details the facts and positions of Boyle v. United States. Finally, this Note argues that the U.S. Supreme Court needs to resolve the split with the common-sense position that some ascertainable-structure proof requirement is needed—although the enterprise need not have a purpose distinct from the pattern of racketeering—to balance the potential …
Rico Overreach: How The Federal Government's Escalating Offensive Against Gangs Has Run Afoul Of The Constitution, Matthew H. Blumenstein
Rico Overreach: How The Federal Government's Escalating Offensive Against Gangs Has Run Afoul Of The Constitution, Matthew H. Blumenstein
Vanderbilt Law Review
The United States has a problem with gangs. According to the Department of Justice, there are more than twenty thousand gangs in the United States today, with over one million members. There are gangs in every state and in the District of Columbia. This is a dire problem in the eyes of federal government officials. According to Attorney General Michael Mukasey, "Gangs threaten our society .... They bring a culture of violence and drugs to our doorsteps, creating an atmosphere of fear, diminishing the quality of life, and endangering the safety, well-being, and future of our children." In response, the …
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaign , James J. Brudney
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaign , James J. Brudney
Faculty Scholarship
The article addresses an important yet largely overlooked issue of statutory meaning and labor relations policy: employers’ aggressive use of civil RICO actions to chill coordinated union efforts in the organizing and bargaining arenas. Over the past 30 years, facing volatile economic conditions and complex corporate relationships, unions have mounted coordinated campaigns (aimed at consumers, public officials, lenders, the media, and the public) in order to help organize new workers and to renew collective bargaining relationships. These often high-profile campaigns have at times been quite successful. In response, employers since the late 1980s have invoked civil RICO’s broad language to …
Marks Of Mayhem & Murder: When A Few Bad "Mongols" Spoil The Bunch, Should The Government Seize A Motorcycle Association's Registered Trademark?, Tracy L. Reilly
Marks Of Mayhem & Murder: When A Few Bad "Mongols" Spoil The Bunch, Should The Government Seize A Motorcycle Association's Registered Trademark?, Tracy L. Reilly
Tracy Reilly
Incorporating The Criminal Law In Sport Studies, Adam Epstein
Incorporating The Criminal Law In Sport Studies, Adam Epstein
Adam Epstein
The purpose of this article is to provide an outline for teaching the criminal law in a sport studies (or related) course. The article discusses the differences among various crimes and whether physical violence involves legitimate or illegitimate force during a sports contest. Even non-violent (white collar) crimes such as the incident at the University of Toledo demonstrate how the criminal law can weave its way into the legal environment of sport. The article also notes how crimes can be committed in all environments and at all levels: youth sport, recreational activities and leagues, amateur competition and in the professional …