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Full-Text Articles in Law

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus Sep 2019

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus

Paul Marcus

The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.

This article is in Portuguese.


Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory Aug 2019

Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory

UC Irvine Journal of International, Transnational, and Comparative Law

To date, “transnational criminal law” has been the dominant

paradigm for explaining and mapping rules on corruption in the

international legal literature. Transnational criminal law is presented as a

system of law descending from multilateral crime control treaties or a field or

order that emerges through international political processes of regime

formation. Transnational criminal lawyers identify and describe cross-border

legal rules, and seek to evaluate them against liberal norms of democratic

governance and individual civil and political human rights. This Article

details the limits of transnational criminal conceptions of “anticorruption”

through a study of proposed changes to Australian laws on …


Promoting Predictability In Business: Solutions For Overlapping Liability In International Anti-Corruption Enforcement, Andrew T. Bulovsky May 2019

Promoting Predictability In Business: Solutions For Overlapping Liability In International Anti-Corruption Enforcement, Andrew T. Bulovsky

Michigan Journal of International Law

This Note evaluates solutions to the problems of overlapping liability in general and multi-jurisdictional disgorgement in particular. Part I traces the origins of international anti-corruption efforts and provides an overview of the Foreign Corrupt Practices Act (the “FCPA”). It then discusses the two most significant international anti-corruption conventions: the OECD’s Convention on Combatting Bribery of Foreign Officials in International Business Transactions (the “OECD Convention”) and the United Nations Convention Against Corruption (“UNCAC”). Part II lays out the problems created by the lack of a formal mechanism to prevent overlapping liability— a phenomenon that violates the common law concept known as …


Fourth Annual Conference On The Fight Against Corruption, Florida International University College Of Law, Florida International University Global Legal Studies Initiative Apr 2019

Fourth Annual Conference On The Fight Against Corruption, Florida International University College Of Law, Florida International University Global Legal Studies Initiative

FIU Law Events

Fourth Annual Conference on the Fight Against Corruption: High-Risks, High-Rewards in the Global Fight against Corruption, (Thursday, April 25 from 1:00 pm to 5:45 pm, and Friday, April 26 from 8:40 am to 1:00 pm). This international conference represents an exciting forum for anti-corruption leaders from around the world, including asset recovery practitioners, government officials, and members of civil society, to discuss and analyze the anti-corruption movement’s recent successes, as well as the challenges that remain. The speakers include a Special Representative of the OAS Secretary General, the head of the Commission Against Impunity in Guatemala, Two attorney Generals, …