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Articles 1 - 5 of 5

Full-Text Articles in Law

Devolution Of Authority: The Department Of Justice’S Corporate Charging Policies, Lawrence D. Finder Jan 2006

Devolution Of Authority: The Department Of Justice’S Corporate Charging Policies, Lawrence D. Finder

Saint Louis University Law Journal

No abstract provided.


Restating The "Original Source Exception" To The False Claims Act's “Public Disclosure Bar”, Joel D. Hesch Jan 2006

Restating The "Original Source Exception" To The False Claims Act's “Public Disclosure Bar”, Joel D. Hesch

Faculty Publications and Presentations

The False Claims Act (FCA) is the Department of Justice’s (DOJ) primary litigative tool to combat fraud under federal government programs, including as Medicare and the military. The FCA provides for triple damages and civil penalties. It also contains a unique qui tam provision, which allows a whistleblower, known as a “relator,” to file a FCA lawsuit on behalf of the government and receive a share of 15-25% in the recovery. The DOJ has recovered $20 billion under the FCA from companies cheating the government, and has paid out over $2 billion in citizen rewards. The FCA contains a “public …


The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher Seaman, Richard Valelly Jan 2006

The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher Seaman, Richard Valelly

Michigan Journal of Race and Law

This Article’s analysis reveals that by the 1990s the intent, or purpose, prong of Section 5 had become the dominant basis for objections to discriminatory voting changes. During that decade an astonishing 43 percent of all objections were, according to this assessment, based on discriminatory purpose alone. Thus, a key issue for Congress in determining how to deal with the preclearance requirement of the Act due to expire in 2007-assuming it seeks to restore the protection of minority voting rights that existed before January 2000-is whether to revise the language of Section 5 so as to restore the long-accepted definition …


Corporate Investigations, Attorney-Client Privilege, And Selective Waiver: Is A Half-Privilege Worth Having At All?, Colin P. Marks Jan 2006

Corporate Investigations, Attorney-Client Privilege, And Selective Waiver: Is A Half-Privilege Worth Having At All?, Colin P. Marks

Seattle University Law Review

This article will explore both the various problems that arise with a policy that essentially mandates waiver of the attorney-client privilege as well as the limited appeal of the selective waiver theory as a compromise position. It concludes that selective waiver is inadequate in addressing the many problems created by policies that coerce waiver and that a more desirable solution is to eliminate or amend the governmental policies that coerce waiver. Part II of this article explains and explores the metes and bounds of the attorney-client privilege and work-product protection. Part III explains the development of the selective waiver theory, …


Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2006

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.