Vol. 86:6
Archive for the 'Volume 86-6' Category
Criminal Relationships: Vertical and Horizontal Relatedness in Criminal RICO
The Racketeer Influenced and Corrupt Organizations Act (RICO) has been an immensely successful federal law in the fight against crime in the United States. The most extensively used provision of that act is 18 U.S.C. § 1962(c). The text of § 1962(c) reads: “It shall be unlawful for any person employed by or associated with [...]
Preemption and Removal: Watson Shuts the Federal Officer Backdoor to the Federal Courthouse, Conceals Familiar Motive
A group of plaintiffs sues a large national corporation in state court for violating state law. The corporate defendant responds that even if it did violate state law, it is not liable because federal law or a relevant federal regulatory agency authorized or directed the allegedly illegal conduct. But before arguing that the supremacy of [...]
Banishment of Sex Offenders: Individual Liberties, National Rights and the Dormant Commerce Clause, Environmental Justice, and Alternatives
Although most sex offenses are committed by relatives or acquaintances of the victims, our public policy approach has been to focus on the stranger sex offender and punish sex offenders through residency restrictions. These residency restrictions effectively banish these locally undesirable and dangerous individuals from our communities in fear that they may reoffend in our [...]
The Public’s Right to Health: When Patient Rights Threaten the Commons
This Article offers a contemporary examination of traditional public health objectives to address social problems not amenable to individual resolution. Taking the tradition a step further, it defines a “public health right” that may justify certain government actions that otherwise appear to impair individual rights. For example, lawmakers are considering whether current regulations on prescription [...]
Legitimacy And Corporate Law: The Case for Regulatory Redundancy
This Article provides a democratic assessment of the corporate lawmaking structure in the United States. It draws upon the basic democratic principle that those affected by legal rules should have a voice in determining the substance of those rules. Although other commentators have noted certain undemocratic aspects of corporate law, this Article aims to present [...]
