Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (4)
- Military, War, and Peace (4)
- Oil, Gas, and Mineral Law (4)
- Rule of Law (4)
- State and Local Government Law (4)
-
- Constitutional Law (3)
- Criminal Law (3)
- Environmental Law (3)
- Government Contracts (3)
- Immigration Law (3)
- International Law (3)
- International Trade Law (3)
- Law and Society (3)
- Legal Ethics and Professional Responsibility (3)
- Legislation (3)
- Supreme Court of the United States (3)
- Business Organizations Law (2)
- Commercial Law (2)
- Courts (2)
- Law and Politics (2)
- Legal History (2)
- Administrative Law (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Computer Law (1)
- Conflict of Laws (1)
- Institution
- Publication
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Jurisprudence
Kausalitas Penegakan Hukum Tindak Pidana Korupsi Terhadap Stabilitas Keuangan Negara, Nur Ghenasyarifa Albany Tanjung
Kausalitas Penegakan Hukum Tindak Pidana Korupsi Terhadap Stabilitas Keuangan Negara, Nur Ghenasyarifa Albany Tanjung
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Corruption is an extraordinary crime because it touches various lines of life. One of the fundamental elements in corruption is the loss of the country's economy and finance. So far, various efforts have been made for criminal law enforcement, through various criminal sanctions, as well as the existence of an independent institution specifically tasked with conducting criminal law enforcement. However, corruption continues to be massive in Indonesia, which will also affect state losses. This article will discuss the causality of law enforcement on corruption against state financial stability. There is a causality between law enforcement of criminal acts which has …
The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky
The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky
Dickinson Law Review (2017-Present)
The Federal Arbitration Act (FAA) enables parties to obtain quick and final resolution to disputes without incurring the costs, delays, and occasional publicity of litigation. Indeed, section 10 of the FAA enumerates four specific grounds on which courts may vacate arbitral awards: corruption, fraud, impartiality, and misconduct or incompetence. Yet over the past 60 years, a debate has raged over the existence of an additional ground: the arbitrator’s manifest disregard of the law.
The Supreme Court first enounced this standard in dicta in its 1953 decision in Wilko v. Swan. Over next four decades, every federal circuit court slowly …
Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan
Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan
Fordham Urban Law Journal
No abstract provided.
The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang
The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang
Prince Opoku Agyemang
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. §201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign …
The Aftermath Of Mexico's Fuel-Theft Epidemic: Examining The Texas Black Market And The Conspiracy To Trade In Stolen Condensate., Luke B. Reinhart
The Aftermath Of Mexico's Fuel-Theft Epidemic: Examining The Texas Black Market And The Conspiracy To Trade In Stolen Condensate., Luke B. Reinhart
St. Mary's Law Journal
Organized crime has infiltrated the oil patch, creating a theft network with an annual value of $2–$4 billion. Over the past decade, Mexican drug cartels have plundered mass amounts of natural gas condensate produced by Petróleos Mexicanos (Pemex)—the governing Mexican agency for production and export of hydrocarbons. The Mexican government has not sat by idly. Pemex’s production losses have skyrocketed from $300 million, between 2006 and 2011, to an estimated $585 million in 2013 alone. Considering derivative costs associated with these thefts, Pemex’s annual losses reach into the billions. Diversified and driven by profits derived from the United States black …
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Padideh Ala'i
Honest Services Fraud After Skilling., Pamela Mathy
Honest Services Fraud After Skilling., Pamela Mathy
St. Mary's Law Journal
The United States Supreme Court ruling in Skilling v. United States limits honest services fraud prosecutions of both public officials and private individuals to schemes involving bribes or kickbacks. Over the past two decades, federal prosecutors have used the federal mail and wire fraud statutes to reach schemes which deprive citizens of their money or property and of the intangible right to honest services. The Court’s ruling in Skilling removes a category of deceptive, fraudulent, and corrupt conduct from the scope of the honest services law. By limiting honest services fraud under the statute to bribes and kickbacks, the Court …
Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai
Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai
Michigan Law Review
Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. Our examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law associated …
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
St. Mary's Law Journal
In the wake of a defeat in arbitration, trial lawyers seek appellate counsel looking for some method to escape the arbitrator’s decision. Most leave such offices disappointed after having been informed arbitration awards will be set aside by the courts “only in very unusual circumstances.” The Federal Arbitration Act (FAA) fully endorses arbitration and liberally encourages its use as an alternative to traditional litigation. Consistent with Congress’ focus on speed, efficiency, and cost reduction, a critical goal of arbitration is to establish “finality” at the earliest possible point. Unfortunately, early finality is antithetical to robust appellate proceedings. Yet, the FAA …
Situating The Core And Structure Of Experience In Constitutional Interpretation: Judicial Reasoning Under The Indian Constitution, Shubhankar Dam
Situating The Core And Structure Of Experience In Constitutional Interpretation: Judicial Reasoning Under The Indian Constitution, Shubhankar Dam
Shubhankar Dam
This article is about texts: texts of legal provisions and texts of judgments. How much does the text of a legal provision tell us about its meaning? How much does a judgment tell us about the reasons for any given meaning of the text? Rather than in the abstract, the article unfolds both these questions in the context of the Indian Constitution. More specifically, it unfolds the questions in the context of an issue of great constitutional importance the Indian Supreme Court was confronted with in B. R. Kapur v. State of Tamil Nadu and Another. Can a person convicted …
The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy
The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy
University of Michigan Journal of Law Reform
This Note discusses the quid pro quo requirement under the Hobbs Act, a federal criminal statute which applies to bribery by public officials. The author first describes two recent decisions by the Supreme Court, McCormick v. United States and Evans v. United States, which established slightly different versions of a quid pro quo requirement in public corruption prosecutions under the Hobbs Act. The author then explains that the lower federal courts interpreting McCormick and Evans have molded the quid pro quo requirement so that a prosecutor must prove in all public corruption cases under the Hobbs Act that the …