Abstract

https://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


Texas A&M University School of Law

December 2, 2013

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

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: 56

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


Open PDF in Browser Download This Paper

Date posted: December 3, 2013 ; Last revised: October 31, 2014

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

Contact Information

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
Feedback to SSRN


Paper statistics
Abstract Views: 227
Downloads: 42