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Reviewing The Situation: What Is To Be Done With The Foreign Corrupt Practices Act?, Laura E. Longobardi
Reviewing The Situation: What Is To Be Done With The Foreign Corrupt Practices Act?, Laura E. Longobardi
Vanderbilt Journal of Transnational Law
This Article examines some of the paradoxes that the FCPA creates. Part II sets forth the sequence of events that led to the Act's passage. Part III outlines the Act, describes some of the major criticisms of the FCPA and discusses its proposed amendments. Part IV discusses the review procedures that the DOJ has adopted and assesses the chances for a new review procedure or FCPA guidelines, or both. Part V examines the enforcement actions taken under the FCPA and includes a discussion of the investigative procedures of the DOJ. Finally, part VI of this Article considers the future of …
Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett
Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett
Vanderbilt Journal of Transnational Law
This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which …