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Fla. L. Rev. News

Fla. L. Rev. Forum

Jeffrey R. Boles
The Dilemma of FCPA Self-Reporting

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 Peter Reilly examines the difficult strategic decision a company faces of whether to disclose voluntarily to the government a potential violation of the Foreign Corrupt Practices Act (FCPA), amidst the backdrop of the government’s heightened focus on FCPA enforcement. His excellent article demonstrates how the government enjoys wide flexibility and discretion in carrying out its enforcement activities while providing insufficient direction to companies regarding how to stay within the bounds of the complex statute. The article justifiably criticizes from a business perspective the widely held belief that self-reporting to the government a potential FCPA violation is always in a company’s best interests, and it makes a significant contribution to the literature by exploring the interconnected relationships among self-disclosure, accountability, and deterrence under the FCPA. The following responsive essay discusses new developments that change the contours of the company’s decision-making calculus of whether to self-report. It illuminates how a recent policy change adopted by the U.S. Securities and Exchange Commission (SEC) and a policy proposal under consideration within the U.S. Department of Justice (DOJ) may alter the self-report decision-making process in the private sector. It also provides additional insight into how other dynamic factors, such as the SEC whistleblower program, are growing in influence and may sway a company’s willingness to self-disclose a violation. Read more.





Fla. L. Rev. Forum

Katheryn Russell-Brown
Body Cameras, Police Violence, and Racial Credibility
Response to Iesha S. Nunes, “Hands up, Don’t Shoot”: Police Misconduct and the Need for Body Cameras

Iesha Nunes’s thoughtful and thorough Note, “Hands Up, Don’t Shoot”: Police Misconduct and the Need for Body Cameras, asks us to consider how to address the problem of police violence tied to racial profiling. Using the rallying cry at the heart of the 2014 police shooting death of Michael Brown in Ferguson, Missouri—“Hands up. Don’t shoot.”—Nunes’s piece focuses on the difficulty of holding police criminally accountable for assault. The legal critique focuses on the fact that eyewitness testimony is notoriously unreliable. Nunes’s solution? Arm all law enforcement officers with body cameras. Requiring police to wear body cameras may do some good. However, we must address why Black claims of state violence have historically been dismissed as incredible, non-critical, and rare. We cannot look to cameras (or other technologies), to solve a problem that has historical roots in racial discrimination. Read more.



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