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Full-Text Articles in Law
"Declinations With Disgorgement" In Fcpa Enforcement, Karen Woody
"Declinations With Disgorgement" In Fcpa Enforcement, Karen Woody
Karen Woody
This Article addresses the recent pretrial diversion scheme undertaken by the Department of Justice in conjunction with its Foreign Corrupt Practices Act Pilot Program—specifically, “declinations with disgorgement.” Pursuant to the Pilot Program, the Department of Justice declined to prosecute or even continue an investigation, provided the company disgorge its alleged ill-gotten gains. This Article dissects both the purpose of, and terminology used in, declinations with disgorgement and argues that this novel and creative pretrial diversion is a dangerous conflation of legal remedial theories and terms. A criminal disposition cannot be a declination with attendant penalties because either illegal activity occurred …
The Relation Between Punitive And Compensatory Awards: Combining Extreme Data With The Mass Of Awards, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells
The Relation Between Punitive And Compensatory Awards: Combining Extreme Data With The Mass Of Awards, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells
Valerie P. Hans
This article assesses the relation between punitive and compensatory damages by combining two data sets of extreme awards with state court data from the National Center for State Courts (NCSC) for 1992, 1996, and 2001. One data set of extreme awards consists of punitive damages awards in excess of $100 million from 1985 through 2003, gathered by Hersch and Viscusi (H-V); the other includes the National Law Journal's (NLJ) annual reports of the 100 largest trial verdicts from 2001 to 2004. The integration of these data sets provides the most comprehensive picture of punitive damages in American civil trials to …
The Twenty-First Century Jury: Worst Of Times Or Best Of Times?, Valerie P. Hans
The Twenty-First Century Jury: Worst Of Times Or Best Of Times?, Valerie P. Hans
Valerie P. Hans
In thinking about legal developments, new research findings, and the continuing swirl of controversy over this venerable American institution, I observe the same paradoxical condition that Charles Dickens found in 18th Century London: "It was the best of times; it was the worst of times." There is evidence of both the expansion of jury trial rights, yet contraction of jury trials. Research evidence indicates that juries perform well, yet the 21st Century jury confronts more complex decision making tasks and continuing doubts about its fairness and competence.
Death Penalty Cases Impose Singular Burden, Judith L. Ritter, Ross Kleinstuber
Death Penalty Cases Impose Singular Burden, Judith L. Ritter, Ross Kleinstuber
Judith L Ritter
No abstract provided.
The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm
The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm
James W. Diehm