John S. Skilton
From the Prairie to the Presidency–And Beyond
Elizabeth R. Sheyn
This Article analyzes the U.S. Supreme Court’s recent and groundbreaking decision in Skilling v. United States, which limited the application of the honest-services-fraud statute to schemes to defraud involving bribes or kickbacks. Most significantly, the Court rejected the
Further, this Article strives to provide an outline of the new honest-services statute that Congress should enact to replace the current, eviscerated statute. In doing so, it first traces the development of the intangible-rights theory from its inception until present day. Then, it analyzes the Court’s decision in Skilling. In light of Skilling, this Article examines the potential alternative means through which the government can pursue criminal conduct relating to the denial of honest services. Finally, this Article evaluates the cases that the new honest-services-fraud statute should address, provides recommendations for reform of the statute, and applies these recommendations to a recently proposed statute—the Honest Services Restoration Act.
Vincent James Scipior
With great power there must also come—copyright reclamation!? A New York federal judge recently ruled that the heirs of legendary comic book artist Jack Kirby have asserted potentially valid copyright-termination claims against Marvel Comics. If successful in their claims, the heirs will recapture their father’s rights to many of Marvel’s most popular characters,