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Full-Text Articles in Law
Settling With Your Hands Tied: Why Judicial Intervention Is Needed To Curb An Expanding Interpretation Of The Foreign Corrupt Practices Act, Pete J. Georgis
Settling With Your Hands Tied: Why Judicial Intervention Is Needed To Curb An Expanding Interpretation Of The Foreign Corrupt Practices Act, Pete J. Georgis
Golden Gate University Law Review
This Comment argues that the broad interpretation of the FCPA’s business nexus requirement, which criminalizes payments that both directly and indirectly “obtain or retain business,” encourages prosecutorial abuse and deviates from the intended purpose of the Act. The Justice Department’s expansive approach to FCPA enforcement has cost companies tremendously, even though the Act’s drafters intended for a more balanced approach. Part I of this Comment will discuss the history and background of the Foreign Corrupt Practices Act of 1977 and its amendments in 1988 and 1998. Part II will examine the application of the business nexus requirement in United States …
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
Golden Gate University Law Review
Whether reversed, affirmed, vacated, or remanded, a review of the interaction between the two courts over twenty-two cases reveals several fundamental differences between the two courts on key issues. This Comment examines these differences by exploring twenty of those decisions and how they illustrate the relationship between the Ninth Circuit and Supreme Court. Part I examines the decisions that arose from the Supreme Court's review of Ninth Circuit decisions. Part II ties these decisions and conclusions into a larger motif emerging between the Ninth Circuit and Supreme Court, and Part III ultimately concludes that the future is likely to continue …
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Golden Gate University Law Review
This note provides a brief background to the Rescissions Act, outlines the Act's provisions and examines the Ninth Circuit Court's decisions interpreting these provisions prior to Oregon Natural Resources Council v. Thomas. Section III sets forth the facts and procedural history of ONRC II, the most recent meritorious lawsuit to fall victim to the provisions of the Rescissions Act. Section IV examines the Ninth Circuit Court's analysis and holding in ONRC II. Section V argues that although the Ninth Circuit's decision in ONRC II was correct under current standards, the result was fundamentally wrong. Section V also examines the rules …
Adminsitrative Law, Lynne Avakian
Adminsitrative Law, Lynne Avakian
Golden Gate University Law Review
No abstract provided.
Panel: Judicial Review And Constitutional Limitations
Panel: Judicial Review And Constitutional Limitations
Golden Gate University Law Review
The Constitutional Law Panel of the NAWJ brought together distinguished theoreticians and practitioners of judicial review. Deans Choper and Ely presented abbreviated versions of their recently published theories on the legitimacy of judicial review in a democratic society. Justice Abrahamson and Judge Wald responded with observations on the practical applications of state and federal constitutional principles to the cases they must adjudicate daily.