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Full-Text Articles in Civil Law
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Northwestern University Law Review
In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …
Eustitia: Institutionalizing Justice In The European Union, Helen Elizabeth Hartnell
Eustitia: Institutionalizing Justice In The European Union, Helen Elizabeth Hartnell
Northwestern Journal of International Law & Business
Madame Guigou's prediction that a "single judicial space" might be in place by the year 2020 signals a brave new horizon for the rule of law in the European Union. Yet even her dramatic claim fails to convey the range, depth, and momentum of changes wrought by the Treaties of Maastricht and Amsterdam in the realm of justice. The European Union is installing new infrastructure upon which to build a "genuine European area of justice." This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a …