MAIL FRAUD AND THE INTANGIBLE RIGHTS DOCTRINE - SOMEONE TO WATCH OVERUS

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