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

16 U. PA. J. BUS. L. 973 (2014)

56 Pages Posted: 3 Dec 2013 Last revised: 31 Oct 2014

Randy Gordon

Texas A&M University School of Law

Date Written: December 2, 2013

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.

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

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). 16 U. PA. J. BUS. L. 973 (2014) . Available at SSRN: https://ssrn.com/abstract=2362531

Randy Gordon (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce Street
Fort Worth, TX 76102
United States
817-212-3941 (Phone)

HOME PAGE: http://https://law.tamu.edu/randygordon

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