Law Commons^™

False Analogies To Predatory Pricing, Christopher R. Leslie

University of Pennsylvania Law Review

Philosophers and policymakers have long cautioned against comparing incomparable objects or concepts. Scores of judicial opinions caution judges and litigants against comparing apples to oranges. The original idiom, as recited by such sixteenth-century luminaries as Sir Thomas More and William Shakespeare, admonished against equating apples and oysters,4 two items unlikely to be mistaken for each other given their obvious dissimilarities in color, texture, smell, and immediate edibility. Over time, oysters were replaced by oranges and the expression evolved to caution against confusing two types of fruit, which do in fact share some similar qualities but are quite distinct and, thus, …

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose

University of Arkansas at Little Rock Law Review

No abstract provided.

The Power Of Antitrust Personhood, Herbert Hovenkamp

University of Pennsylvania Journal of Business Law

Antitrust law addresses conspiracy, or collaborative conduct, more harshly than it does unilateral conduct. One person acting alone can get away with far more than groups of firms acting by agreement. In most cases that distinction is justified. Creating substantial market power unilaterally is difficult and relatively uncommon, but it can be created in a moment’s time by an agreement among firms. But how do antitrust tribunals determine when conduct is unilateral rather than collaborative? Often the ansawer is obvious, but sometimes it is not. Two statutory provisions were intended to be the umpire of such decisions. A section of …

Penerapan Sanksi Daftar Hitam Pengadaan Barang/Jasa Pemerintah Dalam Perspektif Penegakan Hukum Persaingan Usaha, Gleshya Regita Putri My Made

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The authority to impose blacklisting sanction, particularly in terms of the procurement of government goods/services stipulated in Presidential Regulation 16/2018 and LKPP Regulation 17/2018 may only be exercised by the Budget User (Pengguna Anggaran/”PA”)/Authorized Budget (Kuasa Pengguna Anggaran/”KPA”). Neither the said regulations do also clearly state that the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha/”KPPU”) has the authority to impose such blacklisting sanction in relation to the procurement of government goods/services. This research examines the authority of KPPU in imposing blacklisting sanction against business practitioner who are proven violating business competition law and …

S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe

SAIPAR Case Review

The Lifumbela case stems straight from the High Treason Trial, Namibia’s longest and – probably – most expensive judicial saga. In S v Lifumbela, the Supreme Court of Namibia had to settle an appeal against the convictions and sentences of 30 accused implicated in the High Treason Trial. Despite the big stakes involved in this matter, the apex court did not manage to rise to this once-in-a-lifetime occasion and seize this historic moment.

By confirming that the appellants committed high treason, murder, and attempted murder on the basis of conspiracy (i.e., an incomplete crime), the Namibian Supreme Court upended the …

"I'M Concerned About This Post": Combatting Fake News On Social Media, Jake Latimer

Seattle Journal of Technology, Environmental & Innovation Law

The public concern over the spread of “fake news” on social media has increased over the last decade. Large social networking platforms like Facebook and Twitter have attempted to address fake news by flagging it as misleading. Even former President Trump has seemingly exhibited a sense of paranoia over its spread. While the term “fake news” is often used as a political weapon to discredit unfavorable information and opinions, fake news refers to factually false or grossly misleading content likely designed to sway or entrench one’s opinion on a particular topic. The pervasiveness of this type of fake news on …

Conspiracy Liability And The Fcpa: The Second Circuit's Rare Interpretation Of The Fcpa In United States V. Hoskins And Its Potential Implications, Morgan R. Knudtsen

William & Mary Business Law Review

The scope of the Foreign Corrupt Practices Act (FCPA) is inherently difficult to ascertain. Over time, the SEC and DOJ have privately settled claims under the FCPA, leaving most interpretation to government agencies. Though agency interpretation happens frequently, there has been little interpretation over major questions such as who is subject to the FCPA’s jurisdiction and how far that jurisdiction extends. United States v. Hoskins, which was decided in August 2018, involved the FCPA, conspiracy, and foreign corporate officials. The Second Circuit in its decision subsequently limited the scope of the FCPA, holding that liability cannot extend to foreign …

Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar

Pace Law Review

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First …

Prosecutorial Misconduct: Mass Gang Indictments And Inflammatory Statements, K. Babe Howell

Dickinson Law Review (2017-Present)

This Article examines inflammatory statements by prosecutors in the context of mass gang indictments. I contend that inflammatory remarks not only harm the justice system and defendants, particularly minorities, but also that, when prosecutors craft and repeat hyperbolic narratives about vicious gang wars, prosecutors may come to believe the narratives and become effectively blinded to the fact that these narratives are improper, unfair, and untrue. First, I review the professional rules, standards, and case law that prohibit. Then, drawing on press releases and trial transcripts from two mass gang indictments in New York City, I demonstrate how prosecution statements exaggerate …

Ocasio V. United States: The Supreme Court’S Sudden Expansion Of Conspiracy Liability (And Why Bribe-Taking Foreign Officials Should Take Note), Michael F. Dearington

Washington and Lee Law Review Online

Last year, the United States Supreme Court decided a Hobbs Act conspiracy case that could significantly expand the bounds of the general federal conspiracy statute. In Ocasio v. United States, 136 S. Ct. 1423 (2016), the Court held that, under “age-old principles of conspiracy law,” a police officer could conspire with shop owners to extort those very same shop owners in violation of the Hobbs Act. The corollary is that a shop owner can, in theory, conspire to extort himself. If a shop owner can conspire to extort himself as a matter of law, why can’t a bribe-taking foreign …

Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac

Nevada Law Journal

No abstract provided.

Distorting Extortion: How Bribery And Extortion Became One And The Same Under The Hobbs Act, Sigourney Haylock

Loyola of Los Angeles Law Review

No abstract provided.

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …

How Do I Divorce My Gang?: Modifying The Defense Of Withdrawal For A Gang-Related Conspiracy, Cecelia M. Harper

Valparaiso University Law Review

No abstract provided.

Terrorism: The Proposed United States Draft Convention, William T. Bennett

Georgia Journal of International & Comparative Law

No abstract provided.

Hung Up On Words: A Conduct-Based Solution To The Problem Of Conspiracy In Military Commissions, Joshua D. Foote

Vanderbilt Law Review

At 9:02 a.m. on September 11, 2001, the world watched in horror as American Airlines Flight 175 slammed into the South Tower of the World Trade Center on live television,' ending all consideration that the first collision might have been an accident. Halfway around the world, Ali al Bahlul sat in a remote part of Afghanistan operating a radio so that Usama Bin Laden could monitor reports of the attacks. That day, Al Qaeda terrorists killed 2,977 people, caused billions of dollars of economic damage, and initiated the defining sociopolitical issue of the early 21st century.

Legal practitioners have faced …

Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon

Georgia Journal of International & Comparative Law

No abstract provided.

Al Bahlul V. United States: The Conspiracy Behind The Conspiracy Offense In U.S. Military Commissions, Brianna Edwards

Loyola of Los Angeles Law Review

No abstract provided.

County Court, Westchester County, People V. Gant, Albert V. Messina Jr.

Touro Law Review

No abstract provided.

Supreme Court, New York County, People V. Cespedes, Kathleen Egan

Touro Law Review

No abstract provided.

Is It Really All About Race?: Section 1985(3) Political Conspiracies In The Second Circuit And Beyond, Lee Pinzow

Fordham Law Review

The recent scandal involving the Internal Revenue Service’s targeting of conservative Tea Party groups highlights the need for a judicial remedy to politically motivated deprivations of legally recognized rights. Section 2 of the Ku Klux Klan Act, codified as 42 U.S.C. § 1985(3), presents such a remedy.

However, it is unclear whether the statute applies to conspiracies motivated solely by political animus. The U.S. Supreme Court in Griffin v. Breckenridge and United Brotherhood of Carpenters Local 610 v. Scott delved into the question but chose not to resolve the issue. Based on the Court’s discussion of the statute’s legislative history …

The System Of Modern Criminal Conspiracy, Steven R. Morrison

Catholic University Law Review

No abstract provided.

Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder

Pepperdine Law Review

No abstract provided.

Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl

Duke Law Journal

The current ethical rule governing lawyers' interactions with the media applies equally to defense attorneys and prosecutors despite their different roles and responsibilities in the justice system. With a focus on the Blagojevich trial as an example of modern lawyers' interactions with the press, this Note argues for a separate rule governing defense lawyers' extrajudicial speech. Such a rule would recognize an interest in protecting the legitimacy of the justice system and would provide clear standards to guide defense lawyers' advocacy outside of the courtroom. This Note provides an overview of the development of the trial-publicity rules, a glimpse of …

Wall Street As Yossarian: The Other Effects Of The Rajaratnam Insider Trading Conviction, J. Scott Colesanti

Hofstra Law Review

Without warning, the patient sat up in bed and shouted, ‘I see everything twice!’

And thus Yossarian, the war-weary bomber pilot of the masterful novel, Catch-22, was able to malinger in an Italian hospital even longer while nervous doctors attended to the strange malady of his neighbor.

The storied literary diversion may highlight the good fortune of those evading government prosecution of financial crimes in 2011, a year that fulfilled the promise that observers of hedge fund discipline would similarly see things twice. To wit, in May 2011, a Manhattan jury convicted billionaire hedge fund entrepreneur Raj Rajaratnam of fourteen …

Rico Conspiracy: The Ninth Circuit Distinguishes Itself From The Rising Costs Of Guilty Thoughts, Stephanie Profitt

Golden Gate University Law Review

Part I of this Comment briefly surveys the legislative development of the RICO statute. It discusses the elements of a RICO cause of action and disputes that have arisen among the circuit courts over its interpretation. Part II of this Comment examines the development of civil liability for conspiring to participate in a RICO enterprise. It focuses on cases that have significantly shaped civil RICO conspiracy liability throughout the circuit courts. Part III explores the split that has developed among the circuits over the definition of RICO conspiracy liability, specifically, the difference between the Ninth Circuit's definition and that of …

Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor Reeves Dalton

ILSA Journal of International & Comparative Law

In the International Criminal Tribunal for Rwanda (ICTR) case Prosecutor v. Musema, the trial chamber held that an individual could be found guilty solely for the crime of conspiracy to commit genocide even if no genocide takes place.

Dr. Miles Is Dead. Now What?: Structuring A Rule Of Reason For Evaluating Minimum Resale Price Maintenance, Thomas A. Lambert

William & Mary Law Review

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., the U.S. Supreme Court overruled its 1911 precedent declaring vertical minimum resale price maintenance (RPM) to be per se illegal. The Leegin Court held that the practice should instead be examined on a case-by-case basis under antitrust's rule of reason. The Court further exhorted the lower courts to craft a "structured" rule of reason for evaluating RPM. This Article critiques six proposed approaches for evaluating minimum RPM and offers an alternative approach. The six approaches critiqued are: (1) the Brandeisian, unstructured rule of reason; (2) Judge Posner's rule of per se …

Judgment-Sharing Agreements, Christopher R. Leslie

Duke Law Journal

Antitrust law condemns price-fixing cartels and seeks to encourage private suits against the conspirators by automatically trebling antitrust damages and by providing for joint and several liability. Because the Supreme Court has held that there is no right to contribution among antitrust violators, this creates the risk of a single defendant being saddled with damages significantly greater than three times the amount of the harm associated with that firm's own market share. Firms engaged in-or accused of-price fixing often try to ameliorate this risk by entering into judgment-sharing agreements, which essentially create a right to contribution through contract. Despite their …

Judicially Fusing The Pinkerton Doctrine To Rico Conspiracy Litigation Through The Concept Of Mediate Causation, Dean Browning Webb

Kentucky Law Journal

No abstract provided.