Escaping the RICO Dragnet in Civil Litigation: Why Won't the Lower Courts Listen to the Supreme Court?

Authors

Michael P. Kenny

Abstract

This article provides a comprehensive analysis of civil RICO, and shows that the federal courts are divided in their interpretations of virtually every significant aspect of civil RICO. Mr. Kenny argues that the division of opinion is due to articulate meaningful interpretations of RICO's essential elements. Mr. Kenny also argues that unless RICO is amended to clarify its central components, or unless the Supreme Court decides that RICO is unconstitutionally vague, the lower federal courts will continue to fail to reach consensus on RICO's various elements. As a result, the courts will continue to fail to articulate meaningful standards of behavior, and litigants will continue to allege RICO causes of action in disputes that are far afield from racketeering and criminal activity.

First Page

257

Recommended Citation

Michael P. Kenny, Escaping the RICO Dragnet in Civil Litigation: Why Won't the Lower Courts Listen to the Supreme Court?, 30 Duq. L. Rev. 257 (1992).
Available at: https://dsc.duq.edu/dlr/vol30/iss2/4