Digital Commons Network^™

Dedication; Chief Justice John Dixon: Twenty Years In Retrospect, Paul R. Baier

Journal Articles

No abstract provided.

Letter To The Editor, Geoffrey J. Bennett

Journal Articles

A response to Professor Smith's commentary on the recent [United Kingdom] case of R. v. Hancock [1990] Crim. L.R. 125.

Women In The Lawyering Process: The Complications Of Categories, Judy Scales-Trent

Journal Articles

No abstract provided.

Foreword: Debunking Rico's Myriad Myths, G. Robert Blakey

Journal Articles

Foreword: In January of 1931, Warner Brothers-First National released a film entitled Little Caesar. Based on a book by W. R. Burnett, the movie, loosely portraying the life of Alphonse Capone, starred Edward G. Robinson in its title role, Caesar Enrico Bandello, also known as "Little Caesar," or “Rico.” Robinson, as he lies dying, utters one of the most famous end lines in film history: “Mother of Mercy–is this the end of Rico?” Likewise, no one who looks at this Symposium–or others7-or the seemingly inevitable march of RICO reform (chloroform?) legislation through Congress–or the endless efforts of the federal …

What's Next?: The Future Of Rico, G. Robert Blakey, John C. Coffee, Paul E. Coffey, L. Gordon Crovitz

Journal Articles

Editor's Note: After the presentation of the articles, the symposium concluded with a structured debate and an open discussion. The participants in the debate were Professor Blakey and Mr. Crovitz. The ensuing discussion was moderated by Professor Coffee and featured Professor Blakey, Mr. Coffey, and Mr. Crovitz, as well as questions from the audience. The edited transcript is presented here.

An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform: Mother Of God - Is This The End Of Rico?, G. Robert Blakey Professor, Thomas A. Perry

Journal Articles

In 1970 Congress enacted the Organized Crime Control Act, Title IX of which is known as the Racketeer Influenced and Corrupt Organizations Act, or RICO. At first, the Department of Justice moved slowly to use RICO in criminal prosecutions. Today, RICO is the prosecutor's tool of choice in organized crime, political corruption, white-collar crime, terrorism, and neo-Nazi and anti-Semitic hate group prosecutions. The Department of Justice also is implementing the civil provisions of the Act. The private bar did not begin to bring civil RICO suits until about 1975. When it did, a firestorm of controversy broke out, and today …

Foreword, G. Robert Blakey

Journal Articles

The past twenty years witnessed a sea change in the way that organized crime is investigated, prosecuted, and sanctioned, both criminally and civilly. RICO allowed the law to catch up with the rest of society. In the twentieth century, organizations, not people, control the important elements of society such as: government, commerce and labor. Until the passage of RICO, organizations as such were seldom the fcus of the law-outside of, perhaps, the antitrust statutes. This is no longer true.

RICO, however, is not limited to the activities of traditional Mafia families. It does not matter to a racketeering victim what …

Prison Visiting: Is It Time To Review The Rules? [Manuscript], Schafer E. N/A

Journal Articles

Visiting rules and regulations from 71 long-term adult correctional facilities from 31 states were collected and reviewed. Most of the rules cover five distinct areas: visitor application, visitor processing, contraband, conduct, and dress codes. The rules are described and discussed in light of recent standards which stress the importance of encouraging visitors. Suggestions and recommendations are included.

Black Women And The Constitution: Finding Our Place, Asserting Our Rights, Judy Scales-Trent

Journal Articles

No abstract provided.

The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

Journal Articles

No abstract provided.

The Pervasive Method Of Teaching Ethics, David T. Link

Journal Articles

The law school curriculum at Notre Dame is based on a two-faceted mission statement that the faculty developed in 1974. Moral values are central to both facets: (1) to be an outstanding teaching school that prepares competent and compassionate attorneys whose decisions are guided by the values and morality that Notre Dame represents; (2) to promote leading contributions to the development of the law, the system of justice, the legal profession, and legal education, through faculty scholarship and institutional projects that embody important qualities of the Notre Dame value system. We intend to dedicate as much intensity to sensitizing our …

The Line Between History And Casenote, John Henry Schlegel

Journal Articles

No abstract provided.

Beyond Criticism, Guyora Binder

Journal Articles

During the 1980’s, Critical Legal Studies was frequently criticized for offering no policy prescriptions. This essay explained critical scholars’ reluctance to propose policy as a reflection of their epistemological and political critiques of instrumentalist policy analysis. Because critical scholars saw both causal relationships and interests as highly contingent on normative assumptions, they were skeptical of claims that well-intentioned law reforms would benefit the interests of the poor and the powerless. Valuing democratic participation, critical legal scholars were also reluctant to define the interests of the powerless for them. The essay proceeded to argue that critical legal scholars should see instrumentalism …

Law Enforcement And The Separation Of Powers, Gerard V. Bradley

Journal Articles

The underlying theory and internal coherence of separation of powers is examined. It is noted that the classic rationale for the separation of power is to prevent tyranny by placing execution of the laws in hands independent from those of the legislature. The author summarizes various opinions that contradict this rationale. For example, Synar stated that the legislature and the Executive were directly accountable to the people if they neglected interbranch checks between them. The separation of powers theory, which justifies the claimed enforcement prerogative, is examined from a constitutional perspective. The author also reports on the consequences of federalism. …

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Journal Articles

Roman Catholic universities maintain law schools for theological purposes. This Article discusses the five steps to explaining the theological answer to why there are Catholic law schools—first, the presence of the law school is the presence of the church; second, the presence of the law school is the presence of service; third, the presence of the law school is a presence in the world; fourth, the presence of the law school in the world is enacted vicariously; and fifth, the presence of the law school in the world is a searching presence that reaches into the world to find out …

Equitable Relief Under Civil Rico: Reflection On Religious Technology Center V. Wallersheim: Will Civil Rico Be Effective Only Against White-Collar Crime?, G. Robert Blakey, Scott D. Cessar

Journal Articles

The Court of Appeals for the Ninth Circuit held in Religious Technology Center v. Wollersheim that Congress did not intend to give private civil RICO plaintiffs any right to injunctive relief. This Article argues that the Wollershiem’s reasoning is flawed for being inconsistent with the text, the legislative history, and the purpose of RICO. In addition, it argues that it is inconsistent with statutory interpretation principles advanced by the Supreme Court. In particular, it discusses the case’s facts, provides an overview of civil RICO, examines and critiques Wollersheim’s reasoning, and addresses the adverse policy, economic, and political consequences of Wollersheim …

Forfeiture Of Legal Fees: Who Stands To Lose?, G. Robert Blakey

Journal Articles

It is widely accepted that criminals should not benefit from the fruits of their crime. But it is equally accepted that the accused are innocent until proven guilty. There are three alternatives currently being evaluated for determining how legal fees shall be paid for organized crime—free market, political decisions, or judiciary determinations. This Article presents the argument that clients who might possess illicit assets should be able to pay them to a lawyer rather than forfeit them to the government. It discusses how legal forfeiture is handled within the Racketeer Influence and Corrupt Organizations statute (RICO) and the Continuing Criminal …

Professionalism In The Alaska Department Of Corrections: Education And Experience [Manuscript], Schafer E. N/A

Journal Articles

A survey of Alaska corrections personnel reveals that employees in all clasiffications tend to have more than the minimum education or experience required for their positions. More than 74 percent of college-educated corrections personnel earned degrees and more than 40 percent acquired their experience outside Alaska. The advantages and disadvantages of hiring large numbers of employees whose education and experience were gained elsewhere are discussed in the context of the unique problems of correctional service delivery in so large and diverse a state.

Present At The Creation? A Critical Guide To Weeks V. United States And Its Progeny, Gerard V. Bradley

Journal Articles

The Supreme Court in Weeks v. United States held that upon a pretrial motion for return of property illegally seized, a court must order restitution, even if government is thereby deprived of its use at a subsequent trial. Many have characterized the Court’s decision as being grounded on a principled rather than empirical basis and as supporting the principle of exclusion. This Article critically examines Weeks to gauge the validity of the principled basis theories that Justice Day arguably advances as defenses to the rule in his opinion. Although a principled rationale underlies the decision in Weeks, it does …

Discretion In Making Legal Decisions: A Frances Lewis Law Center Colloquium, Thomas L. Shaffer

Journal Articles

Colloquium papers, pp. 1161-1311, edited by Professor Shaffer.

Gaming, Lotteries, And Wagering: The Pre-Revolutionary Roots Of The Law Of Gambling, G. Robert Blakey

Journal Articles

Over the last several decades, there has been an increasing trend to move away from general prohibition against gambling and to move towards legalizing various forms of gambling. This Article traces the pre-revolutionary roots concerning the law of gambling and breaks the discussion into three types: gaming, lotteries, and wagering. In particular, the discussion focuses on the law and practice of the English prior to 1776 and the law and practice of the Early Colonial Period from 1929-1776. The Author proposes that an understanding of the past is needed in order to reform the law of gambling without succumbing to …

What Now For The Insanity Defense?, Fernand N. Dutile, Thomas H. Singer

Journal Articles

The jury's verdict of acquittal by reason of insanity in the case of President Reagan's attempted assassination has stirred vivid debate, both in and out of the U.S. Congress and other public bodies. This article will briefly discuss the history of the insanity defense in the United States, the current status of that defense, and some major problems remaining in its use.

Greatness Thrust Upon Them: Class Biases In American Law, Robert E. Rodes

Journal Articles

A common view of our present society is that it is largely egalitarian and classless. This paper proposes that this conception of an egalitarian and classless society belies reality. It argues that there is a dominant class of leaders in government, labor, and business who are characterized by their organizational skills and their technical expertise, and who have more in common with one another that they have with the respective constituencies in whose name they exercise power. It further argues that this class, in effect, is able to wield power to control the structure of society and the legal system …

Rico Civil Fraud Action In Context: Reflections On Bennett V. Berg, G. Robert Blakey

Journal Articles

In Bennett v. Berg, the United States Court of Appeals for the Eighth Circuit, as a matter of "first impression in the Circuit Courts of Appeals," faced and resolved a number of significant issues in the construction of Title IX, the Racketeer Influenced and Corrupt Organizations (hereinafter "RICO") provisions of the Organized Crime Control Act of 1970. In Bennett, the plaintiffs, residents in a "life care" retirement village, sought treble damages and equitable relief under 18 U.S.C. § 1964 from a number of defendants, including named individuals, a not-for-profit corporation, the John Knox Village, attorneys, accountants, the firm of Snyder, …

The Justice Center, Fitzgerald N/A

Journal Articles

This article, by the editor of University of Alaska Magazine, presents a profile of the Justice Center at University of Alaska, Anchorage. The article covers the Justice Center's creation (as the Criminal Justice Center) in 1975, its faculty and staff, and Justice Center research and education projects, such as the Justice Center-sponsored 1982 Conference on Violence (https://scholarworks.alaska.edu/handle/11122/10716) and video documentaries including an award-winning series on the legal and social issues of the Beaufort Sea oil lease sale. Other items of discussion include faculty views on crime and crime prevention and a project to develop a conflict resolution center in Anchorage.

On Clandestine Warfare, Robert E. Rodes

Journal Articles

Common moral judgments on many types of clandestine warfare, referred to by some as terrorism, seem to be more nuanced and less severe than our current legal judgments. This paper begins by offering a detailed typology of clandestine operations and measures to combat them, a few general reflections on the laws of war, and a critique of those laws as they now stand. It then proposes a substantial revision of the laws which govern clandestine warfare based on four basic principles of the laws and the morality of just war: the independence of jus in bello from the jus ad …

Language, Audience, And The Transformation Of Disputes, Lynn M. Mather, Barbara Yngvesson

Journal Articles

This article develops an analytic framework for comparing dispute processing within a single institution and across different cultures, by focusing on the transformation of disputes. Case studies from diverse nonwestern and western settings are examined to show how disputes change as they are processed in response to the interests of various participants. Disputants, supporters, third parties, and relevant publics seek to rephrase and thus transform a dispute by imposing established categories for classifying events and relationships (narrowing), or by developing a framework which challenges established categories (expansion). Disputes may be expanded by adding new issues, by enlarging the arena of …

American Constitutional Law 1976–1981, Donald P. Kommers, Kenneth Ripple, John A. Scanlan

Journal Articles

From the Introduction:

"The principal goal of this report is to chart for an essentially non-American audience the course of doctrinal movement and change in important areas of Ameri­can constitutional law. The report relics almost entirely upon primary sources, particularly the decisions and opinions of the United States Supreme Court. The opinions and decisions discussed here arc those which in our view have had the most impact upon American governmental institutions, political processes, and constitu­tional policy in the period under review. In the short space provided we clearly cannot cover developments in all areas of American constitutional law. One such …

Effective Assistance Of Counsel: In Quest Of A Uniform Standard Of Review, Theresa L. Springmann, John Eric Smithburn

Journal Articles

Nearly a decade ago, the United States Supreme Court in McMann v. Richardson held that the sixth amendment right to counsel was a right to effective assistance of counsel. The Court declared that criminal defense attorneys must act "within the range of competence demanded of attorneys in criminal cases, '' and that trial judges must "strive ... to maintain proper standards of performance by attorneys ... in their courts." The Court has not elaborated, however, on what conduct the right to effective counsel requires of both defense counsel and the trial judge, or the procedure by which appellate review can …

Racketeer Influenced And Corrupt Organizations (Rico): Basic Concepts - Criminal And Civil Remedies, G. Robert Blakey, Brian Gettings

Journal Articles

This article will present a brief overview of the legislative history of RICO, the Racketeer Influenced and Corrupt Organizations, and its structure, including its standards and basic concepts. The article will then consider the criminal sanctions authorized under RICO and discuss specific aspects of the RICO civil suit as well as some of the problems that may be expected to arise in it. The objective of the article is to provide the reader with a short introduction to RICO, one of the most sophisticated statutes ever enacted by Congress.