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Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe 2015 Northwestern University School of Law

Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe

Northwestern University Law Review

No abstract provided.


Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman 2014 Touro College Jacob D. Fuchsberg Law Center

Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman

Touro Law Review

No abstract provided.


Three Different Approaches To Rico Extraterritoriality, David L. Wallace, Jonathan Cross 2014 Herbert Smith Freehills New York LLP

Three Different Approaches To Rico Extraterritoriality, David L. Wallace, Jonathan Cross

David L Wallace

No abstract provided.


The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland 2014 The Catholic University of America, Columbus School of Law

The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland

Catholic University Law Review

No abstract provided.


Racking Up The Money: A Solution To The Ongoing Battle Between Rico And The Revenue Rule, Kye C. Handy 2014 University of Mississippi School of Law

Racking Up The Money: A Solution To The Ongoing Battle Between Rico And The Revenue Rule, Kye C. Handy

Kye C Handy

The Revenue Rule, a common law rule from British court systems, prevents foreign countries from bringing claims in the United States to enforce or adjudicate tax claims that did not happen in the United States. The Supreme Court in Pasquantino v. United States held that Canada’s right to collect imported liquor taxes was not barred by the Revenue Rule. However, the Second Circuit in European Community v. RJR Nabisco Inc., ruled the European Union and Colombia could not recover lost tax money or enforcement costs from cigarette smuggling under RICO because of the Revenue Rule. The European Community petitioned ...


Could You Use That In A Sentence, Please?: The Intersection Of Prosecutorial Ethics, Relevant Conduct Sentencing, And Criminal Rico Indictments, William S. McClintock 2014 Notre Dame Law School

Could You Use That In A Sentence, Please?: The Intersection Of Prosecutorial Ethics, Relevant Conduct Sentencing, And Criminal Rico Indictments, William S. Mcclintock

Notre Dame Law Review

This Note highlights a potential prosecutorial abuse at the intersection of RICO and the Sentencing Guidelines; specifically, how a weak RICO charge can create an unfair sentencing advantage over a defendant who is acquitted of that charge but is still convicted of at least one other count. Because this sentencing strategy involves two complex statutory frameworks, this Note requires a detailed overview of both the RICO Act and the current sentencing regime; this is necessary to clearly demonstrate how a faulty RICO indictment can be used to conceptually tie together otherwise unrelated acts and achieve an increased sentence under “relevant ...


Criminalizing Yakuza Membership: A Comparative Study Of The Anti-Boryokudan Law, Edward F. Reilly Jr. 2014 Washington University School of Law

Criminalizing Yakuza Membership: A Comparative Study Of The Anti-Boryokudan Law, Edward F. Reilly Jr.

Washington University Global Studies Law Review

Originating in Japan and operating across the globe, the Yakuza are regarded as some of the most sophisticated and wealthiest criminal organizations. Yakuza gangs operate a wide variety of illegal revenue-generating activities ranging from securities fraud to traditional extortion of civilians. These hierarchical criminal organizations are classified under Japanese Law as boryokudan (violence groups). As of 2010, the National Police Agency identified 22 boryokudan groups operating in Japan.

In July 2011, the United States Department of State included the Yakuza on a list of four transnational criminal organizations that “facilitate and aggravate violent civil conflicts.” Pursuant to this order, in ...


Time-Bars: Rico-Criminal And Civil Federal And State, G. Robert Blakey 2013 University of Notre Dame

Time-Bars: Rico-Criminal And Civil Federal And State, G. Robert Blakey

Notre Dame Law Review

The article discusses the role of the Racketeer Influenced and Corrupt Organizations Act (RICO) in criminal proceedings. The Act considers several provisions including illegal services of drugs and gambling, corruption in labor or management relations, and commercial fraud such as bankruptcy and securities fraud. The Act applies criminal and civil sanctions including fines and imprisonment, forfeiture, and treble damage relief for persons who injured in business due to violation of law.


Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter 2013 Pepperdine University

Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter

Pepperdine Law Review

Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact ...


Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister 2012 Pepperdine University

Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister

Pepperdine Law Review

No abstract provided.


Systemic Racial Bias And Rico's Application To Criminal Street And Prison Gangs, Jordan Blair Woods 2012 University of Cambridge

Systemic Racial Bias And Rico's Application To Criminal Street And Prison Gangs, Jordan Blair Woods

Michigan Journal of Race and Law

This Article presents an empirical study of race and the application of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to criminal street and prison gangs. A strong majority (approximately 86%) of the prosecutions in the study involved gangs that were affiliated with one or more racial minority groups. All but one of the prosecuted White-affiliated gangs fell into three categories: international organized crime groups, outlaw motorcycle gangs, and White supremacist prison gangs. Some scholars and practitioners would explain these findings by contending that most criminal street gangs are comprised of racial minorities. This Article challenges and problematizes this ...


Bringing Rico To The Ring: Can The Anti-Mafia Weapon Target Dogfighters?, Matthew C. Heger 2011 Washington University School of Law

Bringing Rico To The Ring: Can The Anti-Mafia Weapon Target Dogfighters?, Matthew C. Heger

Washington University Law Review

No abstract provided.


To Many Iraqis, Suicide Bombing Less Worrisom Than Graft, Tom McGettrick 2010 Loyola University Chicago, School of Law

To Many Iraqis, Suicide Bombing Less Worrisom Than Graft, Tom Mcgettrick

Public Interest Law Reporter

No abstract provided.


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