Abstract

http://ssrn.com/abstract=1520117
 


 



Do We Need a 'Beanie Baby' Fraud Statute


Ellen S. Podgor


Stetson University College of Law

January 7, 2000

American University Law Review, Vol. 49, No. 5, p. 1031, 2000

Abstract:     
This Essay examines the appropriate line in legislative drafting between the overly generic fraud statute (e.g., mail fraud) and the addition of an overly specific statute, such as "Beanie Baby" fraud. Clearly, issues of federalism warrant consideration to determine whether the conduct belongs in the realm of the state and local prosecutor or more aptly in the federal system. Likewise, the scope of the federal statute needs to be clear in order to avoid ambiguity, overbreadth, and application of the Rule of Lenity.

This Essay looks to a third factor for considering the propriety of the legislation: Whether the statute is designed to advance the historic roles provided to each of the three branches of government. When legislation accords a fair balancing to the executive, legislative, and judicial bodies, the appropriate line between the generic and specific statute is achieved.

Number of Pages in PDF File: 16

Accepted Paper Series





Download This Paper

Date posted: December 9, 2009  

Suggested Citation

Podgor, Ellen S., Do We Need a 'Beanie Baby' Fraud Statute (January 7, 2000). American University Law Review, Vol. 49, No. 5, p. 1031, 2000. Available at SSRN: http://ssrn.com/abstract=1520117

Contact Information

Ellen S. Podgor (Contact Author)
Stetson University College of Law ( email )
1401 61st Street South
Gulfport, FL 33707
United States
727 562 7348 (Phone)
HOME PAGE: http://www.law.stetson.edu/tmpl/faculty/memberProfile.aspx?id=88

Feedback to SSRN


Paper statistics
Abstract Views: 721
Downloads: 22

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.281 seconds