The influence of public policy arguments is evident in aseriesof later cases whose facts compelled prosecutors to argue for ever further expansions of liability and constrictions of defenses.
The seriesoffacts that led to a lawsuit in a federal court in California for actions committed thousands of miles away is typical of the complexities that arise in establishing jurisdiction, which tends to be among the trickiest areas of the law.
To make a RICO case stick, however, the plaintiffs must establish aseriesof acts by management to perpetuate an offense and state those facts with enough particularity to survive a so-called Iqbal challenge, named after a 2009 Supreme Court case that heightened the standards for civil lawsuit claims.
Republicans complain that, in aseriesof speeches, Ms Sotomayor has suggested that a judge may be guided by something other than the factsof the case and the relevant American law.