"Possessing with intent to distribute" under the schoolyard statute
Article Abstract:
The ambiguous language contained in the federal schoolyard statute should be explicitly and narrowly interpreted by courts unless Congress clarifies the statute with broader language. 21 U.S.C. section 860 doubles penalties for drug crimes committed within a school zone of 1000 feet. Intent to distribute is an included offense but the statute does not define if the scope of the intended distribution is limited to the school zone. Courts have implicitly interpreted the statute narrowly so that penalties have generally fallen on defendants with established school zone activities.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1997
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Fashioning a victim standard in mail and wire fraud: ordinarily prudent person or monumentally credulous gull?
Article Abstract:
Inconsistent application of two standards have characterized judicial interpretation of the federal mail and wire fraud statutes. The first standard declares schemes to be fraudulent only when they would have deceived persons of ordinary prudence, while the second standard finds any scheme to be fraudulent that deceived anyone, even a highly gullible person. A hybrid rule, relying chiefly on the second standard but making limited use of the first, would be preferable.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1999
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The mail fraud statute: an argument for repeal by implication
Article Abstract:
The doctrine of repeal by implication should be applied to interpretation of the mail fraud statute by courts. Repeal by implication means that the mail fraud statute should not be applied to types of conduct which Congress has addressed in subsequent legislation. This approach would retain the broad scope of the mail fraud statute as a way to fill gaps in the law, without allowing the statute to be used to circumvent laws subsequently approved by Congress.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1997
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