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Articles 1 - 30 of 46
Full-Text Articles in Law
The Teetotalling Winebibber: A Case Study For The International Sale Of Goods, Stephen M. Shrewsbury
The Teetotalling Winebibber: A Case Study For The International Sale Of Goods, Stephen M. Shrewsbury
Pace International Law Review
Case studies are very effective pedagogical tools available to business and legal educators. Hypothetical fact patterns provide instructors an additional advantage of being able to modify facts to target particular learning goals for students. This article presents a substantial case study and teaching notes for a hypothetical international sale of goods transaction. The facts presented will necessitate student research and examination of a wide range of legal issues related to contract negotiation and interpretation, shipping and related difficulties that might arise during contract execution, and issues related to disputes over the quality of goods. Questions in the study require students …
United States V. Hoskins: An Opportunity For The Second Circuit To Limit The Abusive Reach Of The Fcpa, Christopher D. Man, Kyllan J. Gilmore
United States V. Hoskins: An Opportunity For The Second Circuit To Limit The Abusive Reach Of The Fcpa, Christopher D. Man, Kyllan J. Gilmore
Pace Law Review
No abstract provided.
Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez
Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez
Indiana Journal of Global Legal Studies
Under U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice's U.S. Attorneys' Manual lays out a list of factors prosecutors can evaluate when deciding whether or not to prosecute a corporate entity. The Department of Justice (DOJ) prosecutors have various tools at their disposal, including deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) as alternatives to going to trial. Prosecutors have used DPAs and NPAs in recent cases, allowing the government to ensure that corporate entities comply with investigations, enact compliance programs, and continue to follow laws …
Fairness In Fcpa Enforcement: A Call For Self-Restraint And Transparency In Multijurisdictional Anti-Bribery Enforcement Actions, Jessie M. Reniere
Fairness In Fcpa Enforcement: A Call For Self-Restraint And Transparency In Multijurisdictional Anti-Bribery Enforcement Actions, Jessie M. Reniere
Roger Williams University Law Review
No abstract provided.
Cash For Your Conscience: Do Whistleblower Incentives Improve Enforcement Of The Foreign Corrupt Practices Act?, Amy Deen Westbrook
Cash For Your Conscience: Do Whistleblower Incentives Improve Enforcement Of The Foreign Corrupt Practices Act?, Amy Deen Westbrook
Washington and Lee Law Review
No abstract provided.
Honest Or Excluded? A Gender Analysis Of Foreign Corrupt Practices Act And Chicago City Council Defendants, Juliet S. Sorensen
Honest Or Excluded? A Gender Analysis Of Foreign Corrupt Practices Act And Chicago City Council Defendants, Juliet S. Sorensen
Texas A&M Law Review
This article analyzes two corruption data sets through the lens of gender: defendants convicted under the criminal anti-bribery provisions of the Foreign Corruption Practices Act, and defendants convicted of federal anti-corruption crimes while serving on the Chicago City Council. In both instances, the data points to a much larger number of convictions of men than women. While a single cause is difficult to pinpoint, perhaps the most compelling explanation is that social norms associated with gender provide women with fewer opportunities for corruption. By contrast, the homophily of patronage networks, long cited as breeding grounds for corruption, has for generations …
Ocasio V. United States: The Supreme Court’S Sudden Expansion Of Conspiracy Liability (And Why Bribe-Taking Foreign Officials Should Take Note), Michael F. Dearington
Ocasio V. United States: The Supreme Court’S Sudden Expansion Of Conspiracy Liability (And Why Bribe-Taking Foreign Officials Should Take Note), Michael F. Dearington
Washington and Lee Law Review Online
Last year, the United States Supreme Court decided a Hobbs Act conspiracy case that could significantly expand the bounds of the general federal conspiracy statute. In Ocasio v. United States, 136 S. Ct. 1423 (2016), the Court held that, under “age-old principles of conspiracy law,” a police officer could conspire with shop owners to extort those very same shop owners in violation of the Hobbs Act. The corollary is that a shop owner can, in theory, conspire to extort himself. If a shop owner can conspire to extort himself as a matter of law, why can’t a bribe-taking foreign …
To Be A "Whistleblower," Or Not To Be A "Whistleblower? " That Is The Question-Whether 'Tis Nobler In The Mind Of The Courts To Suffer For Reporting Wrongdoing To The Sec Or Employers Internally: Examining The Recent Circuit Split Regarding The Definition Of A Whistleblower Under Dodd-Frank, Luke I. Landers
The Journal of Business, Entrepreneurship & the Law
Under the current state of the law, the circuit courts are split over whether an employee must report corporate wrongdoing directly to the Securities and Exchange Commission (SEC), or report wrongdoing to a company’s management in order to receive whistleblower protection under Dodd–Frank. The resolution of this circuit split not only will have implications for American employees caught in situations similar to the fiction above, but also will provide a prime opportunity for the Supreme Court to clarify how courts are to understand the interpretive and deferential relationship between the language of legislative statutes and their corresponding bureaucratic regulations. In …
Political Corruption: Afflicting America And Affairs Abroad, Matthew Diller, Giselle Sedano, Sean J. Griffith, Susan Rose-Ackerman, Zachary S. Brez, Michael J. Cohn, Timothy J. Treanor
Political Corruption: Afflicting America And Affairs Abroad, Matthew Diller, Giselle Sedano, Sean J. Griffith, Susan Rose-Ackerman, Zachary S. Brez, Michael J. Cohn, Timothy J. Treanor
Fordham Journal of Corporate & Financial Law
No abstract provided.
Soggy Debt—The Seventh Circuit Widens The Split On Fdcpa Liability For Time-Barred Claims In Bankruptcy, Elijah C. Stone
Soggy Debt—The Seventh Circuit Widens The Split On Fdcpa Liability For Time-Barred Claims In Bankruptcy, Elijah C. Stone
SMU Law Review
No abstract provided.
Chinese Gift-Giving, Anti-Corruption Law, And The Rule Of Law And Virtue, Mary Szto
Chinese Gift-Giving, Anti-Corruption Law, And The Rule Of Law And Virtue, Mary Szto
Fordham International Law Journal
This Article addresses the question of whether virtuous giftgiving in China can be used in the fight against corruption. Giftgiving, ubiquitous in Chinese familial, business, and official practices, has been under fire by both laws outside and within China.
Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick
Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick
Richmond Journal of Law & Technology
Our prior scholarship examined the legal and technical challenges involved in modern Merger & Acquisition ("M&A") due diligence practices associated with transactions ("Deals"), given recent but steady advances in technology and related increases in sophistication seen in Deal participants-primarily the organizations or assets targeted (the "Targets") as part of the Deal, and the organizations that pursued and/or resulted from the Deal (the "Acquirers"). We then proposed a framework addressing five particular verticals of interest and concern: data privacy ("DP"), information security ("IS"), e-Discovery, information governance ("IG"), and the due diligence and record keeping associated with the Deal itself ("Deal Information") …
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Brooklyn Journal of Corporate, Financial & Commercial Law
In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …
Dodd-Frank’S Extension Of Criminal Corporate Liability Through The Foreign Corrupt Practices Act: Enabling Whistleblowers And Monitoring Conflict Minerals, Tim Bakken
Pace Law Review
In a sense, through its whistleblower provision, the Dodd-Frank Act has enabled the government to use corporate employee whistleblowers to support criminal prosecutions. That position finds agreement in this article, but the conclusion reached is that the results to be obtained from the whistleblower provision will be positive. Through an analysis of the Dodd-Frank Act, this article discusses further the new reach of the FCPA, particularly in light of the whistleblower and conflict-minerals provisions in the Dodd-Frank Act. Finally, this article concludes that although the new provisions can be costly, the provisions are beneficial. The traditional corporate model is now …
Foreign Corrupt Practices Act: Pleading ParentSubsidiary Liability, Alexander Avery
Foreign Corrupt Practices Act: Pleading ParentSubsidiary Liability, Alexander Avery
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Navigating The Doj Fcpa Opinion Procedure: Certainty For Businesses Facing Increased, Indeterminate Anti-Bribery Enforcement, Fahad A. Juneja
Navigating The Doj Fcpa Opinion Procedure: Certainty For Businesses Facing Increased, Indeterminate Anti-Bribery Enforcement, Fahad A. Juneja
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Private Equity And The Fcpa: Deal-Making As Reform Mechanism, Thomas J. Manning
Private Equity And The Fcpa: Deal-Making As Reform Mechanism, Thomas J. Manning
Pepperdine Law Review
No abstract provided.
Income Tax - Deductions For Facilitating Payments To Foreign Government Officials, Birney Bull
Income Tax - Deductions For Facilitating Payments To Foreign Government Officials, Birney Bull
Georgia Journal of International & Comparative Law
No abstract provided.
Gaming Corporations Gamble With The Fcpa, Joseph Grusman
Gaming Corporations Gamble With The Fcpa, Joseph Grusman
UNLV Gaming Law Journal
No abstract provided.
Too Many Cooks In The Kitchen: Battling Corporate Corruption In Brazil And The Problems With A Decentralized Enforcement Model, Michelle A. Winters
Too Many Cooks In The Kitchen: Battling Corporate Corruption In Brazil And The Problems With A Decentralized Enforcement Model, Michelle A. Winters
Richmond Journal of Global Law & Business
No abstract provided.
Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson
Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson
Georgia Journal of International & Comparative Law
No abstract provided.
Securities Laws As Foreign Policy, Karen E. Woody
Securities Laws As Foreign Policy, Karen E. Woody
Nevada Law Journal
No abstract provided.
A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde
A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde
Richmond Journal of Global Law & Business
No abstract provided.
The Penumbra Of The United States’ Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And Implications For The Pharmaceutical Industry, Beverley Earle, Anita Cava
The Penumbra Of The United States’ Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And Implications For The Pharmaceutical Industry, Beverley Earle, Anita Cava
Richmond Journal of Global Law & Business
No abstract provided.
Universal Anti-Bribery Legislation Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create Universal Legislation To Combat Bribery Around The Globe, Lindsey Hills
Richmond Journal of Global Law & Business
No abstract provided.
The Criminalization Of Bribery: Can The Foreign Corrupt Practices Act Be Applicable To The Anti-Bribery Provisions Of The United Nations Convention Against Corruption?, Sarah Shulman
American University International Law Review
No abstract provided.
Navigating The Fcpa's Ambiguous "Instrumentality" Provision: Lesons For The Energy Industry, Clinton R. Long
Navigating The Fcpa's Ambiguous "Instrumentality" Provision: Lesons For The Energy Industry, Clinton R. Long
Richmond Journal of Global Law & Business
No abstract provided.
"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick
"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick
Richmond Journal of Global Law & Business
No abstract provided.
Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 By A Guideline?, Michael Peterson
Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 By A Guideline?, Michael Peterson
Richmond Journal of Global Law & Business
No abstract provided.
An Examination Of Foreign Corrupt Practices Act Issues, Mike Koehler
An Examination Of Foreign Corrupt Practices Act Issues, Mike Koehler
Richmond Journal of Global Law & Business
This article provides an overview of 2012 Foreign Corrupt Practice Act enforcement and examines the top FCPA issues from the year. The goal of the article is to place FCPA enforcement in better context and provide readers a more informed base in analyzing enforcement trends, assess- ing enforcement agency rhetoric and policy positions, and in sifting through the mounds of information disseminated by FCPA Inc.