Of Gangs and Gaggles: Can a Corporation Be Part of an Association-in-Fact Rico Enterprise? Linguistic, Historical, and Rhetorical Perspectives
Gardere Wynne Sewell LLP
December 2, 2013
University of Pennsylvania Journal of Business Law (Forthcoming)
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.
Number of Pages in PDF File: 65
Keywords: RICO, association-in-fact, enterprise, linguistics, legislative history, rhetoric, interpretation, legal theoryAccepted Paper Series
Date posted: December 3, 2013
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