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Spring 2020
LAW589  A  INTERNATIONAL ANTI-CORRUPTION LAW AND PRACTICE

Course Description
This course will focus on the United States’ enforcement of anti-corruption laws, including the Foreign Corrupt Practices Act (“FCPA”), to combat foreign corruption and bribery committed by domestic and foreign companies and individuals. Because many FCPA and other corruption cases are resolved without trial, this course will focus on critical, unresolved issues, such as the FCPA’s definitions of a foreign “instrumentality” and “foreign official,” as well as the scope of U.S. extra-territorial jurisdiction. We will focus on recent high-profile FCPA cases and the precedent set by the few appellate decisions relating the FCPA. This course will also discuss foreign and international laws and conventions against corruption, including the OECD Convention on Combatting Bribery of Foreign Officials in International Business Transactions and the UK’s Anti-Bribery Act. We will explore the critical issues that arise from the growing trend in trans-national investigations and prosecutions, including extradition issues that arise in FCPA prosecutions, and Interpol implications.

Course Schedule
Dates Day Time Room
01-13-2020 - 04-21-2020   M  5:30 PM-7:20 PM F108

Course Frequency

Course Information

Credits: 2
Pass/Fail Option: No
Prerequisite: No prerequisities.
Method of Evaluation: Course grades will be based on a final exam. Class attendance and participation may be used in determining the final grade.
Graduation Requirements Fulfilled By Course:
General
Special Attributes: None
Special Restrictions:
Law Track(s): None
Bar Subject(s): None
Concentration(s): None
Course Book(s):
Textbook Required:
Yes  
  • Textbook Name: The Foreign Corrupt Practices Act in a New Era
    Textbook Type: Hardcover
    Requirement: Required
    Author: Koehler
    Publisher: Edward Elgar Publishing Inc.
    Edition: June 2014
    ISBN: 9781781954409
      
  
First Class Assignment(s):
  • Assignment: Week 1 - Introduction to Anti-Corruption Law and the FCPA Readings: The FCPA of 1997, 15 U.S.C. 78dd-1 (DOJ Resource Guide, pp. 92-102); Textbook, pp. x - xxiii.

    Material:
    REQUIRED TEXTBOOK AND MATERIALS:
    Koehler, Mike, The Foreign Corrupt Practices Act in a New Era, Edward Elger Publishing Limited (2017 edition), plus copies of guides, statues, articles and cases listed in this Syllabus or provided later.

    Additional Information:
    Professors Kendall and Tamayo will discuss additional assignments in class. Please review Syllabus attachment. If you have questions, please email me at cmay@law.miami.edu. Class Meeting Location: Room F108 Date: Mondays Time: 5:30 PM - 7:20 PM
      

    Spring 2020 Syllabus with cases in text added.pdf
    DOJ FCPA Resource Guide.pdf

 
Professor(s)