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

abstract

  • Over 30 years ago, courts of appeals began to hold that the RICO statutes 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.

published proceedings

  • University of Pennsylvania Journal of Labor and Employment Law

author list (cited authors)

  • Gordon, R. D.

complete list of authors

  • Gordon, Randy D

publication date

  • January 2014