Law Commons^™

Outcome Report Of Roundtable On Governing Natural Resources, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In November 2014, CCSI convened a one-day roundtable focused on lessons learned from good governance initiatives for extractive industry investments and large land-based agricultural investments. The roundtable brought together a range of stakeholders working on extractive industry investments and/or land-based forestry and agricultural investments, including representatives from civil society, government, academia, and the private sector. CCSI has published an outcome note from this roundtable.

Key structural differences between the extractive industries and the forestry and agriculture sectors mean that not all lessons learned from good governance initiatives related to extractives investments or land-based agricultural investments are transferrable. However, large-scale extractive …

Profile In Public Integrity: Joseph Ferguson, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Joseph Ferguson is in his second term as Chicago’s Inspector General. Ferguson came to the Inspector General’s Office following 15 years with the United States Attorney’s Office (USAO) for the Northern District of Illinois. From 1994 through 1999 he represented the United States in cases before the U.S. District Court for the Northern District of Illinois and U.S. Seventh Circuit Court of Appeals involving employment discrimination (Title VII), civil rights, environmental law, and government program fraud. From 2000 to 2009, Ferguson worked in the Criminal Division of the USAO, prosecuting public corruption, mail/wire fraud, tax, healthcare and government program frauds, …

Profile In Public Integrity: Frank Vogl, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Frank Vogl is Co-Founder of The Partnership for Transparency Fund and Co-Founder of Transparency International, former Vice Chairman of the Board of Directors and currently a member of the Transparency International Advisory Council and the Advisor to Transparency International’s global Managing Director. He is also the President of Vogl Communications and former World Bank Group Director of Information and Public Affairs and acting head of External Relations. Previously, Vogl was an international economics correspondent for Reuters news service and The Times (London).

Profile In Public Integrity: Marianne Camerer, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Marianne Camerer co-founded Global Integrity, a leading international anti-corruption non-profit. She is the Programme Director of Building Bridges, a new policy-focused research and outreach programme at the Graduate School of Development Policy and Practice at the University of Cape Town, South Africa. She previously headed anti-corruption research at the Institute for Security Studies, was a founding director of the Open Democracy Advice Center and lectured in applied ethics at the University of Stellenbosch. Marianne holds a doctorate in Political Studies from the University of Witwatersrand, masters’ degrees in public policy and political philosophy from Oxford and the University of Stellenbosch, …

Profile In Public Integrity: Mark Greenblatt, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Mark Greenblatt is an attorney in the Greater Washington area specializing in criminal and ethics investigations. Over the course of his career, Mark worked in several roles to lead investigations into misconduct by senior officials in U.S. and foreign governments, most recently as Director of Special Investigations at the U.S. Department of Commerce Office of Inspector General. He also served as an Investigative Counsel for the special investigations unit of the Department of Justice Office of Inspector General. He also led the U.S. Senate investigation into the United Nations’ Oil-for-Food Program. Mark is a graduate of Duke University and Columbia …

Corruption Temptation, Guy-Uriel Charles

Faculty Scholarship

In response to Professor Lawrence Lessig’s Jorde Lecture, I suggest that corruption is not the proper conceptual vehicle for thinking about the problems that Professor Lessig wants us to think about. I argue that Professor Lessig’s real concern is that, for the vast majority of citizens, wealth presents a significant barrier to political participation in the funding of campaigns. Professor Lessig ought to discuss the wealth problem directly. I conclude with three reasons why the corruption temptation ought to be resisted.

In-Sourcing Corporate Responsibility For Enforcement Of The Foreign Corrupt Practices Act, Larry D. Thompson

Scholarly Works

In this article I first review our nation's long-standing and active aversion to corporate corruption overseas, as principally embodied in the Foreign Corrupt Practices Act. I then explain how achievement of the FCPA's goals is undermined by the uncertainty in current federal enforcement policies and the consequent ambivalence toward self disclosure exhibited by multinational corporations. Finally, I argue that the only realistic way to make up the shortcomings in FCPA enforcement that flow from the Justice Department's limited resources is to motivate corporations themselves to police corruption in their foreign subsidiaries by giving them a concrete incentive in the form …

Against The Profit Motive: The Salary Revolution In American Government, 1780–1940 (Book Review), Michael S. Ariens

Faculty Articles

In Against the Profit Motive, Nicholas R. Parrillo expertly explains how and why state and federal governments moved from paying their employees fees to paying them salaries. The book offers insights into the history of government finance and administrative law, shifting dramatically in time, subject matter, and geography. The book begins with a helpful fifty-page introductory summary and then is divided into two parts, each of which considers a type of activity that generated fees for government officers: facilitative payments and bounties. Further, Against the Profit Motive illustrates, in the disparate areas of criminal law enforcement, tax collection, and naval …

The Domestic And International Enforcement Of The Oecd Anti-Bribery Convention, Rachel Brewster

Faculty Scholarship

International corruption law is a growing, if understudied, area of international economic law. This Article examines two aspects of governments' enforcement of the OECD's Anti-Bribery Convention. The first aspect is the member state's efforts to enforce its own national legislation prohibiting foreign corruption within its territory and with regards to its nationals doing business abroad. The OECD Treaty's obligation concerning member states' enforcement of their own national legislation is somewhat ambiguous. While the obligation to pass particular national legislation is quite clear and specific, the treaty does not specify what resources that a state must dedicate to internally enforcing these …

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 …

Hollowed-Out Democracy, Kate Andrias

Articles

Professors Joseph Fishkin’s and Heather Gerken’s essay for this symposium, The Two Trends That Matter for Party Politics, along with the larger project of which it is a part, marks a notable turn (or return) in the law-of-democracy field. Unlike much recent scholarship, Fishkin’s and Gerken’s work does not offer a comprehensive theory of corruption or equality, but instead analyzes the relationship between campaign finance law and the actual functioning of political parties in our democracy. In brief, Fishkin and Gerken tell us that our contemporary political parties are at once highly polarized and oddly weak. They claim this is …

Gifts, Hospitality & The Government Contractor, Jessica Tillipman

GW Law Faculty Publications & Other Works

The government procurement process demands the highest commitment to ethical and unbiased conduct. To ensure that the individuals involved in the procurement process adhere to these standards, government entities in nearly all jurisdictions around the world have enacted codes of conduct, ethical restrictions, and anti-corruption laws designed to protect the integrity of government and ensure that government officials act impartially and do not give preferential treatment to any private organization or individual. To further these goals, most jurisdictions have enacted restrictions on the gifts and hospitality that government officials may accept from individuals and organizations that sell goods and services …