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Articles 91 - 120 of 121
Full-Text Articles in Law
Racketerring And The Federalization Of Crime, Craig M. Bradley
Racketerring And The Federalization Of Crime, Craig M. Bradley
Articles by Maurer Faculty
The federal anti-racketeering effort has grown steadily since its inception in response to the lottery schemes of the late nineteenth century. Yet, as this article demonstrates, it has done so in the absence of a clear understanding of just what the problem is, and how the ever-expanding body of legislation is going to deal with it. While not wholly critical of the efforts of the Department of Justice and the Congress to "stamp out" racketeering, Professor Bradley raises substantial questions about the government's assessments of the scope of the problem and the effectiveness of the methods employed in fighting it.
Application Of Respondeat Superior Principles To Securities Fraud Claims Under The Racketeer Influenced And Corrupt Organizations Act (Rico), Barbara Black
Santa Clara Law Review
No abstract provided.
Rico, Past And Future: Some Observations And Conclusions, Sheldon Jay Plager, Ilene H. Nagel
Rico, Past And Future: Some Observations And Conclusions, Sheldon Jay Plager, Ilene H. Nagel
Articles by Maurer Faculty
No abstract provided.
Rico And The Predicate Offenses: An Analysis Of Double Jeopardy And Verdict Consistency Problems, Karen J. Ciupak
Rico And The Predicate Offenses: An Analysis Of Double Jeopardy And Verdict Consistency Problems, Karen J. Ciupak
Notre Dame Law Review
No abstract provided.
Electronic Surveillance, The Mafia And Individual Freedom, Benjamin M. Shieber
Electronic Surveillance, The Mafia And Individual Freedom, Benjamin M. Shieber
Louisiana Law Review
No abstract provided.
The Dilemma Of The Intimidated Witness In Federal Organized Crime Prosecutions: Choosing Among The Fear Of Reprisals, The Contempt Powers Of The Court, And The Witness Protection Program, Stuart Mass
Fordham Law Review
No abstract provided.
Vicious Circles: The Mafia In The Marketplace, Michigan Law Review
Vicious Circles: The Mafia In The Marketplace, Michigan Law Review
Michigan Law Review
A Review of Vicious Circles: The Mafia in the Marketplace by Jonathan Kwitny
State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally
State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally
Fordham Law Review
No abstract provided.
Rico And The Liberal Construction Clause, Craig W. Palm
Rico And The Liberal Construction Clause, Craig W. Palm
Cornell Law Review
No abstract provided.
The Racketeer Influenced And Corrupt Organizations Act: An Analysis Of The Confusion In Its Application And A Proposal For Reform, Whitney L. Schmidt
The Racketeer Influenced And Corrupt Organizations Act: An Analysis Of The Confusion In Its Application And A Proposal For Reform, Whitney L. Schmidt
Vanderbilt Law Review
This Note will first discuss the technical elements of a RICO violation and set forth the four separate crimes that constitute the statute's central provisions. After then examining RICO's crucial statutory definitions and the confusion reflected in their application, this Note will evaluate the various judicial interpretations of the statute and propose a solution for amending the statute that is harmonious with legislative intent and accommodates the needs of both society and the individual.
Racketeers, Congress, And The Courts: An Analysis Of Rico, Craig M. Bradley
Racketeers, Congress, And The Courts: An Analysis Of Rico, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Raiding The Confessional--The Use Of Income Tax Returns In Nontax Criminal Investigations, David E. Joyce
Raiding The Confessional--The Use Of Income Tax Returns In Nontax Criminal Investigations, David E. Joyce
Fordham Law Review
No abstract provided.
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
Cleveland State Law Review
The United States v. Sutton decision poses many questions. In a case where the presence of organized crime is evident, why did the majority so severely limit the anti-racketeering statute's application so that its target, organized crime, was beyond its purview? Also, why did the majority allow the confession of illegality to serve as a defense to liability under a criminal statute? Lastly, why did the majority hold contrary to five other circuits and require a showing of legitimacy where the statutory definition of "enterprise" does not specifically require it? This note will attempt to answer these questions. It will …
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
Cleveland State Law Review
The United States v. Sutton decision poses many questions. In a case where the presence of organized crime is evident, why did the majority so severely limit the anti-racketeering statute's application so that its target, organized crime, was beyond its purview? Also, why did the majority allow the confession of illegality to serve as a defense to liability under a criminal statute? Lastly, why did the majority hold contrary to five other circuits and require a showing of legitimacy where the statutory definition of "enterprise" does not specifically require it? This note will attempt to answer these questions. It will …
Racketeers And Non-Racketeers Alike Should Fear Florida's Rico Act, Raymer F. Maguire Iii
Racketeers And Non-Racketeers Alike Should Fear Florida's Rico Act, Raymer F. Maguire Iii
Florida State University Law Review
No abstract provided.
The Development Of The Federal Law Of Gambling, G. Robert Blakey, Harold A. Kurland
The Development Of The Federal Law Of Gambling, G. Robert Blakey, Harold A. Kurland
Journal Articles
The Commission on the Review of the National Policy Toward Gambling, believing that the States should have the primary responsibility for determining what forms of gambling may legally take place within their borders, recently suggested that the federal government should prevent interference by one State with the gambling policies of another, and should act to protect identifiable national interests.
Although this broad recommendation reinforces the role the federal government has traditionally played in regulating gambling, the Commission also proposed specific amendments to the cur- rent federal gambling laws. Should Congress act upon the Commission's report or otherwise attempt a comprehensive …
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Michigan Law Review
Section I of this article describes various theft and fencing operations. As will be evident from that discussion, the most sophisticated fences are far removed from those receivers who are owners of seedy pawnshops or who indiscriminately select potential customers on the street, and thus they pose peculiar problems for law enforcement. Section II then identifies inadequacies in existing investigative techniques and in the substantive laws of receiving in light of modern theft and fencing operations. It proposes changes in the law and suggests appropriate law enforcement strategies to facilitate the detection and conviction of alleged fences. Needed changes in …
Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power
Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power
Robert C Power
No abstract provided.
Organized Crime Control Act Of 1970: Introduction, J. Brian Williams
Organized Crime Control Act Of 1970: Introduction, J. Brian Williams
University of Michigan Journal of Law Reform
The purpose of the Organized Crime Control Act of 1970 is to facilitate the eventual eradication of organized crime in the United States, by strengthening the evidence-gathering process, by adopting new penal prohibitions, and by creating increased sanctions and numerous remedies to deal with unlawful activities. The primary thrust of the Act is aimed at three areas: the investigation of organized crime; the punishment of organized crime; and the examination of existing laws to determine their effectiveness in dealing with organized crime.
Title Vi - Depositions, Peter A. Kelly
Title Vi - Depositions, Peter A. Kelly
University of Michigan Journal of Law Reform
Title VI expands Rule 15 of the Federal Rules of Criminal Procedure to permit the Government to depose its witnesses in certain limited classes of cases. Previously only the defendant had been accorded this right. Upon the motion of either party at any time after a criminal indictment or information has been filed, the court may order that the testimony of the party's witnesses be taken by deposition if "due to exceptional circumstances it is in the interest of justice" that such testimony be taken and preserved. Such exceptional circumstances were intended by Congress to include the existence of a …
Title Vii - Litigation Concerning Sources Of Evidence, Peter A. Kelly
Title Vii - Litigation Concerning Sources Of Evidence, Peter A. Kelly
University of Michigan Journal of Law Reform
There are two operative provisions of title VII, both of which mitigate previous judicially imposed restrictions on governmental collection and presentation of evidence in "any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States.” The first purports to set aside the Supreme Court's holding in the 1968 case of Alderman v. United States, in which the Court held that, in cases involving unlawful electronic surveillance, the government must make full disclosure to the defendant of all records in its possession which contain any of …
Title Viii - Gambling And Organized Crime, Richard Levy
Title Viii - Gambling And Organized Crime, Richard Levy
University of Michigan Journal of Law Reform
With these words, President Richard Nixon underscored the dangers presented by organized crime's use of gambling. The proceeds of such syndicated gambling activities are universally acknowledged to be the financial lifeblood of organized crime. With the capital initially obtained from illicit gambling, organized crime operatives are able to bribe government officials, make political contributions, engage in loan sharking operations, infiltrate and contaminate legitimate businesses, and hire the vast number of attorneys, accountants and other professionals necessary to the success of the operation. In an effort to launch a frontal attack on syndicated gambling throughout the United States, Congress enacted title …
Title Ix - Racketeer Influenced And Corrupt Organizations, Richard Levy
Title Ix - Racketeer Influenced And Corrupt Organizations, Richard Levy
University of Michigan Journal of Law Reform
Organized crime's penetration of legitimate business has long been a major congressional concern. Although the means employed to effect such penetration may vary, the result remains constant; organized crime is provided with additional economic power and a facade of legitimacy behind which it can more easily spread its influence and pursue its goals. At the same time, organized crime's monopolistic tendencies, furthered by its use of various forms of coercion, pose a serious threat to free trade and lawful ownership. Prior law proved inadequate in curtailing these abuses. Federal law was piecemeal and not designed to meet the challenge of …
Title I - Special Grand Jury, Jeffrey J. Greenbaum
Title I - Special Grand Jury, Jeffrey J. Greenbaum
University of Michigan Journal of Law Reform
Title I establishes special grand juries to sit in major population areas and other areas designated by the Attorney General. These grand juries are protected from arbitrary dismissal by the district court before completion of their work. They can sit for extended periods (a maximum of thirty-six months), and are authorized to issue reports concerning (a) noncriminal misconduct of appointed government officials or employees involving organized criminal activity; and (b) organized crime conditions within the district. When reports are issued concerning governmental misconduct, individuals named are given notice, afforded the opportunity to present evidence, file an answer, and obtain judicial …
Title Ii - General Immunity, Jeffrey J. Greenbaum
Title Ii - General Immunity, Jeffrey J. Greenbaum
University of Michigan Journal of Law Reform
This title repeals or conforms the over fifty existing federal immunity statutes and establishes a uniform federal immunity statute to apply to proceedings before or ancillary to a court, grand jury, or agency of the United States, either house of Congress, or its joint committees, committees or subcommittees. The scope of immunity granted protects a witness from the use of his testimony or its fruits in a future criminal prosecution, but does not protect him from prosecution itself. This reflects a positive decision by Congress that the fifth amendment self-incrimination clause only requires a grant of what has been referred …
Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum
Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum
University of Michigan Journal of Law Reform
This title represents a congressional attempt to codify the court-developed civil contempt practice. When a witness is granted immunity and still refuses to answer the question presented to him he can be ordered by a court to answer the specific question. Upon his continued refusal, a court can have him confined summarily until he complies with such order, or until he is no longer able to comply. Such confinement is not intended to be punitive in nature, but rather to coerce compliance with the court's order by imposing imprisonment as an alternative to answering the question. The witness will be …
Title Iv - False Declarations, Jeffrey J. Greenbaum
Title Iv - False Declarations, Jeffrey J. Greenbaum
University of Michigan Journal of Law Reform
Title IV was designed to facilitate the bringing of federal perjury prosecutions, thereby strengthening the deterrent value of the perjury penalties and acting as a greater incentive for truthful testimony. It establishes a new false declarations statute applicable to court and grand jury proceedings, with maximum penalty slightly increased over that allowable under the previously controlling perjury statute.
Title X - Dangerous Special Offender Sentencing, Richard Levy
Title X - Dangerous Special Offender Sentencing, Richard Levy
University of Michigan Journal of Law Reform
Undoubtedly the most controversial new provision in the Organized Crime Control Act of 1970 is title X. Title X authorizes a federal prosecuting attorney to notify the defendant and the court before trial that the defendant, if found guilty of the felony on which he is being tried, is in the prosecutor's opinion also subject to the dangerous special offender provisions embodied in the title. Should the defendant be judged guilty of the felony, he then will fall subject to an additional penalty beyond that received for the conviction if the judge finds that he qualifies as one of three …
Book Reviews, Maurice H. Merrill, Tom C. Clark, Anthony Platt
Book Reviews, Maurice H. Merrill, Tom C. Clark, Anthony Platt
Vanderbilt Law Review
Discretionary Justice: A Preliminary Inquiry
By Kenneth Culp Davis Baton Rouge: Louisiana State University Press. 1969. Pp. xii,233. $8.50
reviewer: Maurice H. Merrill
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Gambling and Organized Crime
By Rufus King Washington:Public Affairs Press, 1969. Pp. viii, 239. $6.00
reviewer: Tom C. Clark
==========================
The Throwaway Children
By Lisa Aversa Richette New York:J.B. Lippincott, 1969. Pp. x, 342. $6.95
reviewer: Anthony Platt
The Organized Crime Act (S. 30) Or Its Critics: Which Threatens Civil Liberties, John L. Mcclellan, G. Robert Blakey
The Organized Crime Act (S. 30) Or Its Critics: Which Threatens Civil Liberties, John L. Mcclellan, G. Robert Blakey
Journal Articles
On January 23, 1970, the Senate passed by the overwhelming vote of 73 to 1, S. 30, the Organized Crime Control Act of 1969. During the debate in the Senate, S. 30 was subjected to indiscriminate charges that it would, in the words of the American Civil Liberties Union, "make drastic incursions on civil liberties" and that it ran "counter to the letter and spirit of the Constitution."
Certain newspaper commentators and a prominent mayor have echoed those charges, and recently a report critical of several key titles of S. 30 was published by the Committee on Federal Legislation of …