Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Alien Tort Claims Act (United States) (1)
- Bankruptcy Code (1)
- Bribery (1)
- Bribery--Law and legislation (1)
- Business organizations (1)
-
- Conflict of laws (1)
- Corporations--Corrupt practices (1)
- Corrupt Practices Act of 1977 (United States) (1)
- Corruption (1)
- Federal extraterritoriality (1)
- Financial crises (1)
- Financial institutions (1)
- Foreign trade regulation--Criminal provisions (1)
- Globalization--Economic aspects (1)
- Hedge funds (1)
- Human rights (1)
- International criminal law (1)
- International finance (1)
- International law (1)
- International trade (1)
- Jurisdictional competition (1)
- Madoff litigation (1)
- Offshore banks (1)
- Offshore finance (1)
- RICO (1)
- Securities regulation (1)
- Tax havens (1)
- Victims of Trafficking and Violence Protection Act of 2000 (1)
- Victims of crimes--Protection (1)
Articles 1 - 6 of 6
Full-Text Articles in Business
Regulating Offshore Finance, William J. Moon
Regulating Offshore Finance, William J. Moon
Faculty Scholarship
From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.
While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the geographic …
Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden
Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden
Faculty Scholarship
In the last twenty years, the United States government has put substantial resources behind the fight against .foreign bribery by using the Foreign Corrupt Practices Act (FCPA) to prosecute unilaterally foreign and domestic companies who engage in corruption abroad. The United States is not entirely alone in this effort, but other countries have been far less vigorous in investing resources in investigations and prosecuting cases. Because of the unilateral and extraterritorial nature of FCPA prosecutions, these cases are sometimes controversial as foreign governments resist American influence in their commercial relations.
In response to this international tension, as well as a …
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
Faculty Scholarship
The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.
Enforcing The Fcpa: International Resonance And Domestic Strategy, Rachel Brewster
Enforcing The Fcpa: International Resonance And Domestic Strategy, Rachel Brewster
Faculty Scholarship
The Foreign Corrupt Practices Act (“FCPA”), which bans corporations from offering bribes to foreign government officials, was enacted during the Watergate era’s crackdown on political corruption but remained only weakly enforced for its first two decades. American industry argued that the law created an uneven playing field in global commerce, which made robust enforcement politically unpopular. This Article documents how the executive branch strategically under- enforced the FCPA, while Congress and the President pushed for an international agreement that would bind other countries to rules similar to those of the United States. The Article establishes that U.S. officials ramped up …
Understanding The Global In Global Finance And Regulation, Lawrence G. Baxter
Understanding The Global In Global Finance And Regulation, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Comments On The September 29, 2014 Fsb Consultative Document, ‘Cross-Border Recognition Of Resolution Action’, Steven L. Schwarcz, Mark Jewett, Bruce Leonard, Catherine Walsh, David Kempthorne
Comments On The September 29, 2014 Fsb Consultative Document, ‘Cross-Border Recognition Of Resolution Action’, Steven L. Schwarcz, Mark Jewett, Bruce Leonard, Catherine Walsh, David Kempthorne
Faculty Scholarship
This CIGI Paper No. 51 was released on December 3, 2014 by the Centre for International Governance Innovation (CIGI) as a response to the Financial Stability Board’s (FSB) Consultative Document, “Cross-Border Recognition of Resolution Action.” Principally authored by CIGI Senior Fellow Steven L. Schwarcz (who works with the think tank’s International Law Research Program), the Paper comments on the policy measures proposed by the FSB, an international body that monitors and makes recommendations about the global financial system, to address the cross-border legal uncertainties of troubled systemically important financial firms. In that context, the Paper explains why a statutory approach …