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Full-Text Articles in Jurisprudence

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review Dec 1984

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review

Michigan Law Review

This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …


Justice, Mercy, And Craziness, Stephen J. Morse Jul 1984

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Connecticut V. Johnson: Can Sandstrom Error Ever Be Harmless?, Charles A. Dorff Jr. Jan 1984

Connecticut V. Johnson: Can Sandstrom Error Ever Be Harmless?, Charles A. Dorff Jr.

Loyola University Chicago Law Journal

No abstract provided.


Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer Jan 1984

Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.


Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson Jan 1984

Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson

All Faculty Scholarship

Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …


Imputed Criminal Liability, Paul H. Robinson Jan 1984

Imputed Criminal Liability, Paul H. Robinson

All Faculty Scholarship

Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …