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Full-Text Articles in Law

Sec And The Foreign Corrupt Practices Act: Fighting Global Corruption Is Not Part Of The Sec's Mission, Barbara Black Jan 2012

Sec And The Foreign Corrupt Practices Act: Fighting Global Corruption Is Not Part Of The Sec's Mission, Barbara Black

Faculty Articles and Other Publications

No abstract provided.


Four Uncharted Corners Of Anti-Corruption Law: In Search Of Remedies To The Sanctioning Effect, Andrew B. Spalding Jan 2012

Four Uncharted Corners Of Anti-Corruption Law: In Search Of Remedies To The Sanctioning Effect, Andrew B. Spalding

Law Faculty Publications

This Article is the third installment in a long-term research project that examines the effects of the U.S. Foreign Corrupt Practices Act in relation to its underlying policy goals. It first reiterates the various data points showing that enforcement now has the unintended effect of reducing investment in higher-corruption markets. Because this amounts to the withdrawal of capital from developing countries in protest of their political conditions, I call this the "sanctioning effect." The paper then seeks to push the envelope of current anti-bribery debates by exploring connections to four fields of academic inquiry not typically associated with the FCPA. …


The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010, Michael B. Bixby Oct 2010

The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010, Michael B. Bixby

San Diego International Law Journal

This Article discusses the history, purposes and provisions of the Foreign Corrupt Practices Act, and traces its use and enforcement activity from 1977 to the present. This once little-used law has in recent years become the focus of aggressive activity by both the U.S. Department of Justice and the Securities and Exchange Commission. The manuscript also includes numerous charts reporting on key cases and enforcement activities over the last thirty-three years by the DOJ and SEC, as well as other information and statistics regarding the Foreign Corrupt Practices Act.


Corruption And The Foreign Corrupt Practices Act Of 1977, Fredric Bryan Lesser Oct 1979

Corruption And The Foreign Corrupt Practices Act Of 1977, Fredric Bryan Lesser

University of Michigan Journal of Law Reform

This article first discusses the business activities and competing interests which prompted congressional action. Part II analyzes the FCPA and attempts to solve the ambiguities inherent in the criminalization provisions, thereby clarifying which activities are proscribed by the FCPA and what is meant by the Act's corruption requirement. Finally, Part III examines the possibilities for multinational agreements prohibiting bribery.


Foreign Bribes And The Securities Acts' Disclosure Requirements, Michigan Law Review May 1976

Foreign Bribes And The Securities Acts' Disclosure Requirements, Michigan Law Review

Michigan Law Review

The Securities Act of 1933 and the Securities Exchange Act of 1934 require most major corporations to disclose to investors all material information concerning company operations. Although they were not intended to regulate the conduct of business, these disclosure obligations can have a deterrent effect upon improper corporate activities. The recent revelation that a significant number of corporations have been making bribes and similar payments abroad has created interest in the feasibility of employing the disclosure requirements to curtail this practice. This Note will show that, despite recent pressures for change, the Securities and Exchange Commission has continued to view …