Notre Dame Law Review

Articles from Vol. 88, No. 4, April

Optimizing English and American Security Interests
INTRODUCTION Security is a relationship between collateral and monetary obligations. The essence of the relationship is that if the obligations are not paid, the collateral may be sold and the sale proceeds applied to pay the obligations. The security...
Sustained Dissent and the Extended Deliberative Process
INTRODUCTION In the summer of 2012, in American Tradition Partnership, Inc. v. Bullock, (1) the Supreme Court of the United States summarily reversed a decision of the Montana Supreme Court, which had upheld a state statute regulating independent...
The Resurrection of the "Single Scheme" Exclusion to RICO's Pattern Requirement
INTRODUCTION In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations Act ("RICO") as Title IX of the Organized Crime Control Act. (1) RICO was designed primarily to "eliminat[e] ... the infiltration of organized crime and racketeering...
The Twin Aims of Erie
We all remember the twin aims of the Erie rule from first-year civil procedure. A federal court sitting in diversity must use forum state law if it is necessary to avoid 'forum shopping" and the "inequitable administration of the laws." This Article...
Time-Bars: RICO-Criminal and Civil-Federal and State
TABLE OF CONTENTS INTRODUCTION I. RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (RICO) A. Enactment of RICO B. Organized Crime Myth C. Criminal and Civil Proceedings D. Liberal Construction ...
Time-Bars: RICO-Criminal and Civil-Federal and State
II. STATUTES OF LIMITATIONS IN CRIMINAL RICO CASES A. History and Justifications At common law, the king could bring a criminal prosecution at any time, as the rule was nullum tempus occurit regi. (51) The first American criminal statute of limitations...
Time-Bars: RICO-Criminal and Civil-Federal and State
III. STATUTES OF LIMITATIONS IN CIVIL RICO CASES A. History and Justifications Civil statutes of limitations were not a part of English common law, but were creatures of the legislature. (137) The first English statutes of limitations did not...
Time-Bars: RICO-Criminal and Civil-Federal and State
2. The Clayton Act Rule While the majority in Klehr was reluctant to decide finally on an accrual rule for civil RICO, Justice Scalia in his concurring opinion argued for the adoption of the Clayton Act or the injury-occurrence accrual rule. (338)...
Time-Bars: RICO-Criminal and Civil-Federal and State
2. Laches Laches is a doctrine in equity that bars a plaintiff's claim if the plaintiff's tardiness unjustly prejudices the defendant. A party raising the, laches defense must prove "(1) lack of diligence by the party against whom the defense is...
Too Many Cooks in the Kitchen? the Potential Concerns of Finding More Parents and Fewer Legal Strangers in California's Recently Proposed Multiple-Parents Bill
"When it comes to parenting, three's a crowd." (1) INTRODUCTION While "family life" remains an important source of joy for the vast majority of Americans, (2) the shape and structure of American family units have changed rapidly such that many...