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Law, Politics, and Populisim in the U.S.A. P.A.T.R.I.O.T. Act
Get PDFThe U.S.A. P.A.T.R.I.O.T. Act is legislation that simultaneously brings into being very particular notions of the American \u27national\u27 and, as its counterpart, a post-9/11 global. Through a study of the Patriot Act, my paper unpacks the co-constitutions of national/global and a related series of binaries: domestic/foreign; patriot/terrorist; us/them; and innocence/evil. By exploring the structuring logics and language of these binaries in the Act, my paper scrutinizes the global role of U.S. legislative text in our world: a world in which a global society has come into being but possesses as yet, no institutions proper to its name. 1 In the context of our global perpetual war, I challenge our understandings of the categories structuring the Patriot Act to point to the specific ways in which law and war are co-constituted in our present
Corporate Criminal Liability: Toward a Compliance-Orientated Approach
Get PDFUnder U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice\u27s U.S. Attorneys\u27 Manual lays out a list of factors prosecutors can evaluate when deciding whether or not to prosecute a corporate entity. The Department of Justice (DOJ) prosecutors have various tools at their disposal, including deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) as alternatives to going to trial. Prosecutors have used DPAs and NPAs in recent cases, allowing the government to ensure that corporate entities comply with investigations, enact compliance programs, and continue to follow laws and regulations. The use of DPAs and NPAs are on the rise, and these agreements are now used in cases concerning the Foreign Corrupt Practices Act (FCPA) and the U.S. Commodity Future Trading Commission (CFTC). Comments from the Trump Administration suggest that these agreements will continue to be used to deter corporate criminal misconduct. Many Latin American countries have recently enacted laws to impose corporate criminal liability and use some type of compliance-based program to help deter future wrongdoing. Mexico, in particular, has recently amended its Federal Penal Code to prosecute and punish corporate entities. Since the Mexican case law in this area is still developing, it is very important that Mexico adopt deferred prosecution agreements, non-prosecution agreements, or a variation thereof that require compliance programs to enhance the public perception of the Mexican government and the judiciary. Mexico is just one of many countries amending its laws, suggesting a shift toward an implied understanding of the importance of a compliance-oriented approach. Foreign jurisdictions and the U.S. DOJ continue to enact programs to help regulate laws and deter criminal activity in many industries. The acceptance of the corporate criminal liability doctrine in several jurisdictions promotes the public interest and the integrity of the legal system, deters future illegal activity, and helps ensure corporate compliance with the law
Forestry
No full textProfessor Fischman\u27s contribution is Chapter 31, Forestry, co-authored with Federico Cheever and Robert B. McKinstry, Jr.https://www.repository.law.indiana.edu/facbooks/1203/thumbnail.jp
Protecting Minority Shareholders in Close Corporations: An Analysis and Critique of the Statutory Protection in the Saudi Companies Law
Get PDFWorldwide, the protection of minority shareholders in public corporations has received most of the corporate scholars’ attention. This tendency, therefore, has been reflected in the negligence of the same group but in close corporations. A close corporation minority shareholder confronts distinctive issues caused by the locked-in structure of close corporations. The lack of liquid secondary market, the oppression by majority shareholders, and the high expectations held by minority shareholders all contribute to the minority shareholders’ concern that they may be deprived of a voice in management or opportunistically be taken advantage of by those in power. Although these structural issues are hardly touched upon in the international corporate debates, jurisdictions have varied in their approaches to addressing these issues and providing protection for minority shareholders. The protection may flow from the contractual approach, the statutory approach, the judicial approach, or a combination of the three approaches.
This research demonstrates these issues, and the approaches developed to address them. After that, it explores in depth the statutory approach adopted in the Saudi Companies Law of 2015 to protect the interests of shareholders as the Law advances different rules for corporate governance than their counterparts in other jurisdictions. The study also evaluates the strengths and defects in the Law as it presents an analysis and critique of the statutory treatment of minority shareholders’ problems, their statutory protection as well as the public and private enforcement. Finally, the research identifies areas where reforms and changes are needed and thus propound some policy prescriptions to the Saudi legislature to optimize its corporate governance. A new approach to the corporate governance of close corporations, one that is perceptive of their unique nature and features, is necessary to strengthen the statutory protection for minority shareholders, who fail to protect themselves contractually
Why States Should Tax the GILTI
Get PDFA centerpiece of the 2017 federal tax legislation’s reforms to international corporate income tax rules is the new global intangible low-taxed income regime (or GILTI). In a prior essay, we argued that U.S. state governments should conform to GILTI. But might there be constitutional restrictions preventing state governments from doing so? This essay argues that state governments can constitutionally conform to the federal GILTI rules and thereby tax GILTI income as part of the states’ corporate income tax bases. However, in doing so, we explain that state governments will need to be attentive to background constitutional principles
The Idea of Property: A Comparative Review of Recent Empirical Research Methods
Get PDFWhile theory offers important insights into property\u27s normative content, it sometimes fails to tell us about what people understand property to mean and how they interact with those things said to be owned by them. This has significant implications for some of the challenges facing humanity, including climate change, unequal distributions of wealth and resources, biodiversity loss, and innovation. In response, a growing body of literature is emerging that looks at property through a different lens; rather than theorizing property in an abstract way or attempting to craft a normative account of and justification for the institution, this new scholarship focuses on everyday people\u27s views and experiences-what some call the psychology of property and what we call the idea of property. This article presents a comparative review of empirical research methods that the authors have recently used to study the idea (or psychology) of property and provides evidence drawn from the United States, Canada, and Australia: (i) Stenseth\u27s work on behavioral economics and property law; (ii) Metcalf\u27s empirical research drawing on social psychology and behavioral economics; and (iii) the small-scale, qualitative study conducted by Babie, Burdon, and da Rimini. All three studies suggest that individuals hold an idea of property that exists independently from the formal law found in the jurisdiction studied. Moreover, while individuals do appear willing to self-regulate with reference to the environment or for the public good, for the most part people\u27s idea of property is one that allows for promoting individual desires. Whether this is innate, culturally determined, or both is beyond this article\u27s scope, but we conclude that this is an important area for future research and investigation
The U.N. Committee of 24\u27s Dogmatic Philosophy of Recognition: Toward a Sui Generis Approach to Decolonization
Get PDFThe time is ripe for the U.N. Special Committee on Decolonization (the Committee of 24) to accept sui generis categories that enable it to achieve its aim of finishing the job of decolonization. This would mean a departure from the Committee of 24\u27s rigid adherence to the three forms of decolonization currently recognized: independence, integration, and free association. This article adopts Gilles Deleuze\u27s critiques of the dogmatic philosophy of recognition and how they can be overcome through his articulation of the Encounter to analyse the philosophical basis of the Committee of 24\u27s inability to recognize sui generis forms of decolonization. Unyielding adherence to the categories is challenged through the Encounter because sui generis categories are created in furtherance of the committee\u27s stated aim. In applying this theoretical analysis, the article uses Gibraltar as a promising example of what a sui generis category of decolonization could resemble
Training Post-Millennial IP Lawyers: A Field Guide
Get PDFWe’re intellectual property (IP) law professors. Postmillennials are our current and future customers. So we’re figuring out a few things about who post-millennials are and how we can mentor them effectively to start them on the path to becoming the next generation of outstanding IP lawyers.
Here are a few things we’re learning, and a few teaching strategies that we’ve developed. We hope that by sharing them, we can give IP lawyers some insights about what to expect from their new hires and how to help them advance professionally