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Full-Text Articles in Law
Panel Discussion: The Prosecutor's Role In Light Of Expanding Federal Criminal Jurisdiction, Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt
Panel Discussion: The Prosecutor's Role In Light Of Expanding Federal Criminal Jurisdiction, Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt
Fordham Urban Law Journal
Moderator: Honorable Barbar S. Jones. Panelists: Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt, David A. Sklansky.
The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall
The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall
Fordham Urban Law Journal
The author examines corruption within labor unions and the responses to that corruption with the use of two laws, the Labor-Management Reporting and Disclosure Act of 1959 and the Hobbs Act. While the LMRDA guarantees union members important rights, corruption and the influence of organized crime has severely weakened members’ ability to exercise those rights. The author argues that RICO actions can and should be pursued against those who extort and otherwise violate union members’ rights because the remedies available under RICO are stronger than those available under the Hobbs Act. The author contends that the Hobbs Act should be …
Partaker Or Prey? Futures Commission Merchants Under Civil Rico And The Commodity Exchange Act, Robert G. Lendino
Partaker Or Prey? Futures Commission Merchants Under Civil Rico And The Commodity Exchange Act, Robert G. Lendino
Fordham Urban Law Journal
Racketeer Influenced and Corrupt Organizations Act (RICO) has a civil statutory scheme that broadly allows "any person" to recover damages if he has been injured in his business or property by reason of a defendant's violation of section 1962 the Act. While the statute was aimed at organized crime, it has been used far more against legitimate businesses. Courts continuously wrestle with the broad language of the statute. The author discusses two questions regarding the interpretation of Civil RICO that remain unanswered: whether the same entity can be the "culpable person" and the "enterprise" under Section 1962(a); and if so, …