Thursday, December 12, 2013
Randy Gordon has posted Of Gangs and Gaggles: Can a Corporation Be Part of an Association-in-Fact Rico Enterprise? Linguistic, Historical, and Rhetorical Perspectives (University of Pennsylvania Journal of Business Law (Forthcoming)) on SSRN. Here is the abstract:
Over 30 years ago, courts of appeals began to hold that the RICO statute’s definition of association-in-fact enterprise is broad enough to include corporations as constituent members, even though that definition states that such an association is limited to a “group of individuals.” This Article demonstrates why these cases were wrongly decided from a variety of perspectives: linguistic, systemic and consequentialist. It also suggests a strategy for correcting this widespread interpretive error and provides evidence that the Supreme Court may be disposed to agree that the lower courts have uniformly erred.