Law Commons^™

Gambling And The Law®: An Introduction To The Law Of Internet Gambling, I. Nelson Rose

UNLV Gaming Research & Review Journal

This article brings to gaming researchers, with or without a legal education, a roundup of major issues and problems in the unsettled field of Internet gaming. By citing laws, cases, articles and treatises this annotated essay leads the reader through the maze of confusion and contradiction that now clutters the legal scene. Topics touched on include: elements of gambling, Federal, state and local gambling regulation, organized crime implications, extraterritorial jurisdiction, police power and advertising. Conclusions are addressed to businesses considering the risks of operating Internet gambling web sites.

Organized Crime Outlaws: An Evaluation Of Criminal Organization Legislation In Canada, Carol Fleischhaker

PhD Dissertations

This thesis explains how some organized crime outlaws, such as anti-Prohibitionists, the North American Mafia or La Cosa Nostra, outlaw motorcycle gangs, and Aboriginal street gangs, come to exist and thrive in Canadian society. It sets forth the historical development and nature of criminal organization laws in Canada, and compares the definition of “criminal organization” in the Criminal Code with other criminal law concepts, such as corporate criminals and white-collar criminals; conventional criminality or garden-variety predatory crime; terrorists; and criminal conspirators, parties, and accessories. It uses various concepts and assertions within criminological, sociological and psychological theories to explain the formation …

January Roundtable: Crime And Human Rights In Brazil: The Police Pacification Units, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Brazil slum raids impress, but what's the impact?” By Bradley Brooks. Huffington Post, November 14, 2011.

Making Peace Or Pacifying?, Therese O'Donnell

Human Rights & Human Welfare

Notions of a culture of impunity surrounding the violence perpetrated by the Brazilian police have lingered ever since the largely unsuccessful prosecutions of those suspected to be involved in the notorious Candelária massacre of 1993. Eight young people, six of whom were under eighteen, were killed by an adult group comprised of several members of the police. Despite the security forces coming under increasing scrutiny ever since, the 2005 Concluding Observations of the Human Rights Committee on Brazil's Periodic Report made disheartening reading. The Committee expressed its continuing concerns regarding the widespread use of excessive force by Brazilian law enforcement …

From “Iron Fist” Policies To Comprehensive Social Intervention, Claudia Heiss

Human Rights & Human Welfare

The latest effort by Brazilian authorities to control crime in Rio's favelas confronts us with several complex questions regarding democracy, the rule of law, and civil-military relations, not only in this case, but throughout Latin America. What conclusions can we derive from the military and police interventions in Rio about the state of affairs of these third-wave democracies?

Beyond The Shackles And Chains Of The Middle Passage: Human Trafficking Unveiled., Enrique A. Maciel-Matos

The Scholar: St. Mary's Law Review on Race and Social Justice

For the Trafficking Victims Protection Act (TVPA) to truly meet its twin aims of the prosecution of traffickers and the protection of victims, it must be reformed. The current overemphasis on the prosecution of traffickers renders the TVPA an ineffective tool for providing aid to victims of human trafficking. Trusting law enforcement officers to identify victims without proper training may lead to victims of more severe trafficking being denied benefits. Further, by providing benefits only to those who agree to cooperate with law enforcement, the TVPA denies assistance and protection to those who may be too scared or traumatized to …

Improving The Effectiveness Of The International Law Of Human Trafficking: A Vision For The Future Of The Us Trafficking In Persons Reports, Anne T. Gallagher

Anne T Gallagher

In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on the behavior of states. In looking to the future, the article focuses on how this influential unilateral compliance mechanism …

The International Law Of Human Trafficking, Anne T. Gallagher

Anne T Gallagher

This book presents the first-ever comprehensive and in-depth analysis of the international law of human trafficking. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of State responsibility , as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of States with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators.

Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker

San Diego International Law Journal

This Article will survey the key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition of Serbia during the first five years following the deposition of authoritarian ruler Slobodan Milosevic in October 200, and the subsequent establishment of democratic rule...This article will show that the empirical evidence demonstrates that the outcome of the transitional justice process a country undertakes, upon its political stability, needs to be taken into account when fashioning said process.

Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

Given the “third wave” of democratic development and entrenchment that has taken hold around the world within the past three decades, the topic of how these transitioning societies cope with the legacy of atrocity and criminality that often accompany authoritarian rule has taken on a fresh salience. The structural, ethical, legal, and political problems faced during such transitions have become the topic of a burgeoning “transitional justice” sub-field within the fields of Law and Political Science. This Article will survey key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition …

Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …

Turf Wars: Street Gangs And The Outer Limits Of Rico's "Affecting Commerce" Requirement, Frank D'Angelo

Fordham Law Review

In response to the increasingly vast economic impact of organized crime, Congress in 1970 enacted the Racketeer Influenced and Corrupt Organizations Act (RICO) to provide federal prosecutors additional tools to combat such crime. RICO requires that enterprises whose members are charged with violating the Act must “affect interstate commerce.” Courts have held that RICO may be applied to enterprises with no economic motivation so long as they minimally affect interstate commerce. However, given the Act's economic history and interstate commerce element, its application to noneconomic intrastate enterprises presents a special problem. This Note argues that, consistent with relevant Commerce Clause …

Criminal Conspiracy Law In Japan, Chris Coulson

Michigan Journal of International Law

Part II of this Note describes CATOC's group criminality requirement. Part III outlines the provisions of several versions of Japan's conspiracy bill and compares these provisions to common-law conspiracy. Part IV analyzes Japan's conspiracy law by examining both substantive and procedural laws in Japan related to criminal conspiracy, as well as criticism within Japan of the conspiracy bills.

The Yukos Money Laundering Case: A Never-Ending Story, Dmitry Gololobov

Michigan Journal of International Law

The Yukos case has unveiled the possible dangers of money laundering legislation in the hands of governments with transitional economies and weak democratic traditions. Even if the anti-money laundering laws of the country comply with international pronouncements to the letter, there are still a number of ways the laws could be used for the sole purpose of persecuting political opponents. In the Yukos case, the money laundering charges were interrelated with the charges of corporate tax evasion, which, taken separately, in Russia, represent a rather weak tool for suppressing the political opponents, but taken together they are perfect for the …

"Birds Of A Feather" Rico: Trying Partners In Crime Together, Julie Gunnigle

Syracuse Journal of International Law and Commerce

This Article examines how RICO's substantive elements, namely "enterprise," "pattern," and "racketeering activity," shift the balance of power in a criminal prosecution by altering the application of procedural and evidentiary rules. Part I reviews the relevant procedural and evidentiary rules, as they existed before RICO and the advent of the "enterprise trial." Part II introduces RICO and examines how it changed the application of these rules, with particular focus on the law of joinder of offenses and offenders. Part III examines the law of joinder and severance in the U .K. where the primary paradigm for a trial is a …

Anti-Racketeering Legislation In America, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Law Enforcement Cooperation As A 'Transnational Factor' In Cross-Taiwan Strait Relations, Jason A. Blatt

Jason A Blatt

In recent years, political disputes have constantly prevented governments in China and Taiwan from working with each other on important issues of mutual concern. However, cooperation between law enforcement authorities on both sides of the Taiwan Strait has steadily increased over the past decade and a half, regardless of ups and downs in political relations. While governments on both sides are still not speaking to each other, law enforcement authorities are boosting cooperation by sharing information on criminal cases, deporting each other's fugitives, exchanging visits of high-ranking police officials and participating in seminars on cross-strait crime-fighting. Successful cross-strait law enforcement …

The Black Market For Wildlife: Combating Transnational Organized Crime In The Illegal Wildlife Trade, Mara E. Zimmerman

Vanderbilt Journal of Transnational Law

Trade in endangered wildlife has been a concern in the global community since the dawn of international environmental law. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), one of the most successful international environmental treaties established, addresses the issue through regulation of international trade in certain wildlife species. However, the effectiveness of the treaty has been greatly undermined through illegal wildlife trading. Recently, the illegal wildlife trade has attracted the attention of organized criminal groups, whose participation in the trade have helped make the black market for wildlife the second largest in the world. …

International Money Laundering Abatement And Anti-Terrorist Financing Act Of 2001: Congress Wears A Blindfold While Giving Money Laundering Legislation A Facelift, George A. Lyden

Fordham Journal of Corporate & Financial Law

No abstract provided.

Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law

Michigan Journal of International Law

Symposium transcript.

Dont Throw Me Into The Briar Patch: Rico And Rules Of Evidence, James M. Evans

Notre Dame Law Review

No abstract provided.

Dont Throw Me Into The Briar Patch: Rico And Rules Of Evidence, James M. Evans

Notre Dame Law Review

No abstract provided.

Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton

Michigan Journal of Gender & Law

This Article will examine the recent criminal trend of trafficking women from post-Cold War Russia into the United States. First, it will examine the Russian mafia and its development. It will also discuss the system of economic corruption that currently exists in Russia, which facilitates government involvement with this criminal activity. It will further investigate the issues surrounding trafficked women and the international anti-trafficking conventions that have been created by the United Nations. Next, it will go into a deeper discussion of the current status of relevant international law and the issues involving the International Criminal Court. Finally, this Article …

An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston

Touro Law Review

No abstract provided.

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‘ …

The Conclusion That A Sinister Conspiracy Of Foreign Origin Controls Organized Crime: The Influence Of Nativism In The Kefauver Committee Investigation, David R. Wade

Northern Illinois University Law Review

The Special Senate Committee to Investigate Organized Crime in Interstate Commerce began its work on May 10, 1950 and concluded with the submission of its final report on May 1, 1951. The function of the Committee was to fully study the extent to which organized crime makes use of the facilities of interstate commerce. Following hearings held in 14 cities and testimony from more than 600 witnesses, the Committee concluded that a sinister conspiracy of foreign origin controls organized crime. The Committee's hearings were the first Congressional Committee hearings televised live to a national audience. This Article examines the influence …

State And Local Entities As Rico Enterprises: A Matter Of Perception, Ellen S. Podgor

West Virginia Law Review

No abstract provided.

Stalking The Enterprise Criminal: State Rico And The Liberal Interpretation Of The Enterprise Element , Jason D. Reichelt

Cornell Law Review

No abstract provided.

Should Courts Impose Rico's Pretrial Restraint Measures On Substitute Assets?, James M. Rosenthal

Michigan Law Review

This Note argues that courts should not apply RICO's pretrial restraint measures to substitute assets. Part I examines the text of RICO's forfeiture provisions in light of recent rulings by the Supreme Court providing guidance in interpreting the statute. Part I concludes that the statute's plain meaning limits pretrial restraint measures to tainted assets. Part II examines language in the legislative history of an earlier attempt to add a substitute asset provision to RICO and in the 1984 change from broad to specific language in the pretrial restraint provision. From this language, Part II concludes that Congress did not intend …

Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey

Journal Articles

In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.