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Misprision Of Antitrust Felony, Robert J. Hoerner
Misprision Of Antitrust Felony, Robert J. Hoerner
Cleveland State Law Review
When an attorney discovers clear evidence that his corporate client has committed an antitrust felony, he and his client are immediately confronted with an interrelated tangle of extraordinarily difficult questions. There has been much concern over these questions, particularly since violation of sections 1, 2 and 3 of the Sherman Act became indictable as felonies on December 21, 1974. Little has been written, however, on the misprision issue. Antitrust practitioners are not ordinarily trained in the contours of 18 U.S.C. § 4, the federal misprision statute. Our criminal practice is typically in rarified and antiseptic economic fields, and does not …
The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey
The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey
Cleveland State Law Review
One thing is abundantly clear from the analysis reported in this article: if Ohio is to reinstate capital punishment, its justification will have to be based upon grounds other than the deterrent effect of the death penalty for murder. Notwithstanding the opinion of some members of the United States Supreme Court, and possibly a majority of the Ohio House and Senate, the present analysis of Ohio's experience with capital punishment provides no justification for reinstating the death penalty as an effective means of dealing with the state's murder problem.
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
Cleveland State Law Review
The United States v. Sutton decision poses many questions. In a case where the presence of organized crime is evident, why did the majority so severely limit the anti-racketeering statute's application so that its target, organized crime, was beyond its purview? Also, why did the majority allow the confession of illegality to serve as a defense to liability under a criminal statute? Lastly, why did the majority hold contrary to five other circuits and require a showing of legitimacy where the statutory definition of "enterprise" does not specifically require it? This note will attempt to answer these questions. It will …
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
Cleveland State Law Review
The United States v. Sutton decision poses many questions. In a case where the presence of organized crime is evident, why did the majority so severely limit the anti-racketeering statute's application so that its target, organized crime, was beyond its purview? Also, why did the majority allow the confession of illegality to serve as a defense to liability under a criminal statute? Lastly, why did the majority hold contrary to five other circuits and require a showing of legitimacy where the statutory definition of "enterprise" does not specifically require it? This note will attempt to answer these questions. It will …
Controlling Firearms, John Kaplan
Controlling Firearms, John Kaplan
Cleveland State Law Review
One may ask why I am beginning a lecture entitled "Controlling Firearms" with analogies between drugs and alcohol. The reason is simple: I propose to draw an analogy between drugs and firearms. Part of the reason for this is that I have worked in the drug area for over a decade while my interest in guns is much more recent. In addition, the similarities in the way we discourse about drug control and about firearms control are striking. Finally, and most important, the issues with which we grapple in the drug control area may, on examination, turn out to be …
Misprision Of Antitrust Felony, Robert J. Hoerner
Misprision Of Antitrust Felony, Robert J. Hoerner
Cleveland State Law Review
When an attorney discovers clear evidence that his corporate client has committed an antitrust felony, he and his client are immediately confronted with an interrelated tangle of extraordinarily difficult questions. There has been much concern over these questions, particularly since violation of sections 1, 2 and 3 of the Sherman Act became indictable as felonies on December 21, 1974. Little has been written, however, on the misprision issue. Antitrust practitioners are not ordinarily trained in the contours of 18 U.S.C. § 4, the federal misprision statute. Our criminal practice is typically in rarified and antiseptic economic fields, and does not …