Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Fcpa Sanctions: Too Big To Debar?, Dru Stevenson
Fcpa Sanctions: Too Big To Debar?, Dru Stevenson
Dru Stevenson
The Foreign Corrupt Practices Act (FCPA) criminalizes bribery of foreign government officials; enforcement actions against corporations under the FCPA have been increasingly significantly in the last few years. There is an ongoing problem, however, with the sanctions for FCPA violations: enforcement agencies (DOJ and SEC) have limited themselves to fines, civil penalties, and occasional imprisonment of individual violators. Debarment from future federal government contracts, even temporarily, is an unused sanction for FCPA violations, even though Congress provided for this punishment by statute. Debarment would be a far more potent deterrent than fines and penalties, if the government were serious about …
Jury Selection And The Coase Theorem, Dru Stevenson
Jury Selection And The Coase Theorem, Dru Stevenson
Dru Stevenson
The thesis of this article is that jury selection is unique among the components of the litigation process, in that zero negotiation or bargaining occurs between the parties over the substantive or procedural events that unfold – despite the absence of any prohibitions on such negotiation. This lack of bargaining is particularly striking given that the litigants are in the same room, where they could discuss things face to face. Negotiation, whether over the ultimate outcome or over specific issues within the case, pervades every other segment of litigation, from the pre-filing phase until after the verdict. It is therefore …