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Fla. L. Rev. News

Fla. L. Rev. Forum

Wentong Zheng
Self-Reporting and the Uncertain Enforcement of the Foreign Corrupt Practices Act
Response to Peter R. Reilly, Incentivizing Corporate America to Eradicate Transnational Bribery Worldwide: Federal Transparency and Voluntary Disclosure Under the Foreign Corrupt Practices Act

Professor Reilly’s thesis, while straightforward, is predicated on an implicit assumption that uncertainty in FCPA enforcement is undesirable. Professor Reilly makes a compelling argument that when the misconduct has already taken place, the defendant company may choose not to self-report the misconduct if the benefits of self-reporting are unclear. But from an ex ante point of view, the uncertainty surrounding the benefits of self-reporting, along with uncertainty in FCPA enforcement in general, may indeed induce potential defendant companies to comply with the FCPA in the first place. Read more.

Fla. L. Rev. Forum

Stephen Rose, Vivek Bhandari, and Kimberley Mullins
A Response to Professor Mormann’s Clean Energy Federalism
Response to Felix Mormann, Clean Energy Federalism

Professor Felix Mormann’s work to differentiate clean energy federalism from environmental federalism in his paper, “Clean Energy Federalism,” is important. These two theoretical frameworks are similar, but clean energy federalism incorporates a nuanced understanding of the energy system and renewable resources. Professor Mormann illustrates the difference by analyzing a proposed subsidy scheme that aims to reduce the cost of renewable electricity by reducing risk to investors. He offers two ways to allocate these risks between utilities and ratepayers. We agree with Professor Mormann’s assessment that utilities “have substantial experience with these types of markets and possess the resources and expertise to navigate them successfully.” However, utilities may not always be able to use REC markets to compensate for overly-generous FITs. Read more.

Environmental Law

Florida Constitutional Law