Abstract

http://ssrn.com/abstract=2362531
 


 



Of Gangs and Gaggles: Can a Corporation Be Part of an Association-in-Fact Rico Enterprise? Linguistic, Historical, and Rhetorical Perspectives


Randy Gordon


Gardere Wynne Sewell LLP

December 2, 2013

University of Pennsylvania Journal of Business Law (Forthcoming)

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.

Number of Pages in PDF File: 65

Keywords: RICO, association-in-fact, enterprise, linguistics, legislative history, rhetoric, interpretation, legal theory

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Date posted: December 3, 2013  

Suggested Citation

Gordon, Randy, Of Gangs and Gaggles: Can a Corporation Be Part of an Association-in-Fact Rico Enterprise? Linguistic, Historical, and Rhetorical Perspectives (December 2, 2013). University of Pennsylvania Journal of Business Law (Forthcoming). Available at SSRN: http://ssrn.com/abstract=2362531

Contact Information

Randy Gordon (Contact Author)
Gardere Wynne Sewell LLP ( email )
3000 Thanksgiving Tower
1601 Elm Street
Dallas, TX 75201
United States
214-999-3000 (Phone)
HOME PAGE: http://www.gardere.com/Attorneys/Attorney_Bio/?id=373
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