MAIL FRAUD AND THE INTANGIBLE RIGHTS DOCTRINE - SOMEONE TO WATCH OVER US

Federal mail fraud prosecutions of state and local officials have generated much controversy. In their efforts to eradicate local political corruption, federal prosecutors have extensively used, and possibly abused, the doctrine of an ''intangible right'' to the honest services of public officials. After examining the development of the intangible rights doctrine, Ms. Moohr argues that the doctrine runs afoul of federalism, separation of powers, and the First Amendment. She concludes that the current mail fraud statue's incorporation of the intangible rights doctrine makes the statute void for vagueness. Finally, Ms. Moohr proposes new mail fraud legislation that does not infringe on important constitutional principles.