Jurisprudence Commons^™

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 …

The Future Of The Common Law Tradition, Alan Watson

Scholarly Works

What, then, can one say about the common law tradition as it will develop in the relatively near future? In terms of the future development of the common law systems, three facts seem certain and decisive. In the first place, there has been, as a matter of observable fact, a great shift in the balance of lawmaking in the common law world from judicial precedent to legislation, which together comprise the two main sources of law. In the second place, there is a deep awareness in the common law countries of a crisis in lawmaking, an awareness that is probably …

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …

Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser

Buffalo Law Review

No abstract provided.

Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller

Washington and Lee Law Review

No abstract provided.

Philosophical Hermeneutics: Toward An Alternative View Of Adjudication, James J. Hamula

BYU Law Review

No abstract provided.

Thoughts On Decisionmaking, Patricia M. Wald

West Virginia Law Review

No abstract provided.

A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger

Indiana Law Journal

No abstract provided.

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Florida Industrial Development Bond Financing Act: The Need For Judicial Consistency, Dennis Scholl, Marc D. Jimenez

Florida State University Law Review

No abstract provided.

Revitalizing American Liberalism, David Gregory

Buffalo Law Review

Book review of Brue Ackerman's Reconstructing American Law

The Jurisprudence Of The Connecticut Constitution, Richard Kay

Faculty Articles and Papers

No abstract provided.

Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy

UIC Law Review

No abstract provided.

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Publications

No abstract provided.

Container Corporation Of America V. Franchise Tax Board: State Taxation Of Foreign Income And The Worldwide Combined Unitary Method: The United States Supreme Court Passes The Buck To Congress, 17 J. Marshall L. Rev. 587 (1984), Daniel Frommeyer

UIC Law Review

No abstract provided.

Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan

UIC Law Review

No abstract provided.

Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, Philip Soper

Book Chapters

Confronted with standards beyond those obvious in purpose and rule, the positivist, says Dworkin, has two choices. He must either claim that such standards are only discretionary and hence not legally binding, or he may concede their binding status and argue that he identifies them as legal standards through reference, in some more complex way, to his theoretical master test.

There is, however, a third possibility. The positivist might admit that some standards bind judges but explain that they play a role in the legal system sufficiently different from that of ordinary rules and principles to justify excluding them from …

Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne

Faculty Scholarship

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.

Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

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 …

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

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 …

The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton

All Faculty Scholarship

Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary …

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

All Faculty Scholarship

No abstract provided.