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Full-Text Articles in Law
Criminalizing The Denial Of Honest Services After Skilling, Elizabeth R. Sheyn
Criminalizing The Denial Of Honest Services After Skilling, Elizabeth R. Sheyn
Elizabeth R Sheyn
The United States Supreme Court’s recent decision in Skilling v. United States is only the latest in a series of blows that the Court has dealt to the intangible rights theory of mail fraud (also known as honest services fraud). In Skilling, the Court considered the constitutionality of the so-called honest services statute, which criminalizes “scheme[s] or artifice[s][designed] to deprive another of the intangible right of honest services,” and narrowed its scope considerably. The Court limited the application of the statute to schemes to defraud involving bribes or kickbacks. Most significantly, the Court rejected the notion that the statute applies …
The Humanization Of The Corporate Entity: Changing Views Of Corporate Criminal Liability In The Wake Of Citizens United, Elizabeth R. Sheyn
The Humanization Of The Corporate Entity: Changing Views Of Corporate Criminal Liability In The Wake Of Citizens United, Elizabeth R. Sheyn
Elizabeth R Sheyn
Although the recent United States Supreme Court decision in Citizens United v. Federal Election Commission clearly controls the First Amendment rights of corporations, the effect of Citizens United on corporate criminal liability is less obvious, though equally (if not more) significant. The Court’s view that corporations are equal to human beings, at least under the First Amendment’s Free Speech Clause, when combined with the traditional understanding that corporations are considered “persons” under the United States Constitution, likely impacts the way that corporations’ alleged misdeeds are investigated by the government and the manner in which the government subsequently deals with corporate …