Bribery and corruption violations are often hard to detect. For this reason, the U.S. enforcement authorities typically struggle to produce the right incentives for corporations to cooperate with public enforcement efforts in anticorruption cases. In November 2017, following the successÂful implementation of an eighteen-month pilot program, the Trump Administration announced its revised Foreign Corrupt Practices Act (FCPA) Corporate Enforcement...
CLR Forum
Introduction Academic life is rarely quite so rewarding. Thanks to the editors of the Columbia Law Review for this opportunity to engage with scholars as gifted as Professors Robert Rabin, Carol Sanger, and Gregory Keating. I have long admired their insights on law, ethics, and institutions. I am grateÂful and privileged for their trenchant responses […]
High drug prices are in the news. In some cases, such as AIDS-treating Daraprim and the life-saving EpiPen, the price increases dramatiÂcally. In other cases, which have received less attention, the price stays high longer than it should. Either way, anticompetitive behavior often lurks behind inflated prices. By delaying price-reducing generic competition, this behavior […]
County of Los Angeles v. Mendez, the Supreme Court’s recent decision rejecting shooting victims’ excessive force claims, has been written off as yet another case in which police violence has no civil rights consequences. The Court found that the deputies who shot Jennifer Garcia and Angel Mendez fifteen times used reasonable force because Mendez was holding a BB gun. But the deputies barged in on Garcia and Mendez while they were napping...
Introduction President Donald Trump has quickly marshalled the powers of the presidency to challenge President Barack Obama’s environmental legacy. Facing an increasingly intransigent Congress, the Obama Administration placed significant emphasis on rulemaking and other administrative actions to push its progressive agenda. Whatever the merits of this approach, many of these actions are not safe from […]
Introduction The concept of reproductive negligence is probably not unfamiliar to men and women of child-bearing or child-begetting age. Many a restless hour has been spent worrying about the consequences of a skipped pill, an abandoned condom, or some other form of contraceptive carelessness. The general rule in such circumstances is that the injured party […]
Introduction In the years since Citizens United v. FEC, corporate-political-spending disclosure has become an increasingly heated public policy issue. The portion of the Court’s opinion that championed shareholder rights to make decisions about corporate political speech generated a substantial, interdisciplinary literature, and shareholders responded by demanding political-spending disclosure through a bevy of shareholder proposals. However, […]
Introduction Policymakers and administrators periodically revise or jettison rules, enforcement priorities, and agency structures for a variety of reasons, from resource constraints to changes in administration. This is particularly the case when presidential administrations change, as evidenced, for example, by the transition from President Carter to President Reagan. As the current U.S. presidency undergoes one […]
Introduction Just Relationships develops a novel theory of private law for a liberal legal order. It argues that private law assumes the moral responsibility to determine just terms of interactions among private persons. Its most basic organizing ideas are substantive freedom and equality. We are grateful to Professors John Gardner, Robin West, and Benjamin Zipursky […]
Introduction The best laid plans of mice and men go oft astray. For many years, John and Mary have carefully used birth control in order to pursue their joint careers as rising academics, and at the same time, realize (in summertime getaways) their major passions for explorÂing ancient civilizations and sites of Renaissance art and […]