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Choosing Governance in the FCPA Reform Debate
The recent rise in enforcement under the U.S. Foreign Corrupt Practices Act (FCPA) has led to a vigorous debate about the need for reform. Critics say the statute is overenforced and harmsExpand
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Solicitation, Extortion, and the FCPA
The U.S. Foreign Corrupt Practices Act (FCPA) prohibits firms from paying bribes to foreign officials to obtain or retain business. It is one of the most significant and feared statutes for companiesExpand
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Does Social Enterprise Law Matter
Social enterprise laws are sweeping through the nation. Entrepreneurs can now organize under one of several new legal forms, including the “benefit corporation” form. In theory, these options willExpand
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Bias Response on Campus
“Bias Assessment and Response Teams (BARTs) are becoming ubiquitous at universities in the United States. These programs rely on administrative personnel to investigate and intervene in alleged biasExpand
The Case for a Sixth Amendment Public-Safety Exception after Dickerson
Following the events of September 11, 2001, the Department of Justice promulgated a new Bureau of Prisons (BOP) rule that authorizes the government to monitor certain attorney-client conversations inExpand
Using Form to Counter Corruption: The Promise of the Public Benefit Corporation
Many observers argue that part of the blame for foreign corrupt practices should be placed on legal form. Their claim is that traditional corporate norms of shareholder wealth maximization helpExpand
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The Next Chapter in Anti-Corruption Compliance
In this brief invited essay, we assess the future of corporate anti-corruption compliance efforts and sketch several ways to improve ethics-building within organizations.
The Compliance Case for Social Enterprise
Social enterprises generate revenue to solve social, humanitarian, and ecological problems. Their products are not a means to the end of profits, but rather profits are a means to the end of theirExpand
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Corrupting Entrepreneurial Action
This Chapter assesses corruption’s corrosive effects on entrepreneurial action and argues that future progress will depend on getting past a pure law enforcement approach to the problem.Expand
On the Role and Regulation of Private Negotiations in Governance
Developments in corporate law continue to give shareholders greater levels of power over public companies. Instead of using their power to seek changes within firms through such traditional means asExpand
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