Law Commons^™

Filling In The Gap Left By Congress: What Is The Statute Of Limitations For Private Rico Claims?, Barbara Black

Faculty Articles and Other Publications

In increasing number, victims of business fraud are bringing lawsuits under the Racketeer Influenced and Corrupt Organizations Act (RICO). Since the statute does not set out a time limit for bringing suit, the courts must determine the appropriate statute of limitations. Malley-Duff & Associates, Inc. v. Crown Life Insurance Co. illustrates the difficulties Congress creates for the courts when it fails to provide a limitations period. RICO makes it illegal to engage in a "pattern of racketeering activity" for certain illegal purposes. A "pattern of racketeering activity" consists of at least two acts of "racketeering activity" within a ten-year period. …

Kennan And Human Rights, Gordon A. Christenson

Faculty Articles and Other Publications

This essay seeks understanding of his view of normative thinking in foreign policy, whether moral or legal, and the implications from the perspective of human rights in an unfriendly world. It criticizes his conceptual presuppositions to gain clarity, posing paradoxes and dilemmas regarding their normative quality within the present structure of international relations.

Racketeer Influenced And Corrupt Organizations (Rico)—Securities And Commercial Fraud As Racketeering Crime After Sedima: What Is A "Pattern Of Racketeering Activity"?, Barbara Black

Faculty Articles and Other Publications

Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO) in 1970 in order to stem the infiltration and corruption of legitimate businesses by organized crime. During the 1970's, civil litigants virtually ignored the statute, but in the 1980's the utility of RICO's civil provisions has come to be generally recognized. Attorneys representing the victims of securities and commercial fraud now routinely add a claim alleging a RICO violation. Ii It is the attractiveness of the remedy - the successful plaintiff's recovery of treble damages and attorney's fees - that has led to this ever increasing use of RICO.

To …

Nuclear Transition: From Three Mile Island To Chernobyl, Joseph P. Tomain, Constance Dowd Burton

Faculty Articles and Other Publications

The regulation of the commercial nuclear power industry in the United States is experiencing a radical transformation caused by dramatic changes in nuclear power markets and politics. This Article addresses the economic and political displacement and realignment of nuclear regulation during the period of transition from the traditional model of regulation to the emerging post-industrial model. The transition dates from March 28, 1979, the date of the incident at Three Mile Island, to April 26, 1986, the date of the Chernobyl accident. Part II describes the nuclear market and the signs of fatigue. Part III discusses the political and regulatory …

Faith, Hope, And The Law Teacher: A Reaction To Professor Levinson, Joseph P. Tomain

Faculty Articles and Other Publications

In this symposium, the editors have assigned the commentators a difficult task by requesting a response to Professor Levinson's speech. I disagree with little, if any, of what Professor Levinson has written.

Professor Levinson's article of faith stands poised between modernist and postmodernist sentiments about law and contains a degree of skepticism that I understand, share, and find uncomfortable. The modernism in Levinson's remarks, as I see it, is contained in his recognition (and partial acceptance) of paradox and contradiction in law, and his consequent rejection of, or agnosticism toward, legal dogma as the Way to Truth and Justice. As …

Law And Policy In The Activist State: Rethinking Nuclear Regulation, Joseph P. Tomain

Faculty Articles and Other Publications

This Article concerns the interaction of law and policy and its impact on the formation of rules of law and their implementation. In a modern bureaucratic polity, law and policy interact according to a set formula: law follows policy in the activist state. This Article will analyze the law-follows-policy formula in the context of nuclear power regulation.

Nuclear policy has not kept up with the political or economic climates which have grown skeptical of nuclear power. This failure or inability of the nuclear power bureaucracy to respond effectively to political and economic changes is the essential weakness in the law-follows-policy …