Ignoring the Technicality’s Temptation: Interpreting the Citizenship of a Foreign Official Under the Foreign Corrupt Practices Act

Elizabeth Grant This Comment argues that, while the Foreign Corrupt Practices Act (“FCPA”) excludes those with U.S. citizenship from being “foreign officials” to protect defendants from an ambiguous criminal statute, businesses should structure compliance programs to treat “foreign officials” as including those with U.S. citizenship. The FCPA prohibits bribing “foreign officials,” but it does not […]

Can’t See The Forest For The Trees: Where Does A Purchase Or Sale Of Securities Occur?

CHRISTOPHER CALFEE Whether Justice Scalia chopped down the “judicial oak which ha[d] grown from little more than a legislative acorn” or cleared an entire forest of “botanically distinct tree[s]” when he created the transactional test in Morrison v. National Australia Bank, Ltd., he undoubtedly changed the legal landscape for both international and antifraud securities laws. The […]

Is Judge Rakoff Asking For Too Much? The New Standard For Consent Judgement Settlements With The SEC

AMANDA S. NAOUFAL In SEC v. Citigroup Global Markets, Inc., Judge Rakoff rejected a $285 million settlement between the Securities and Exchange Commission (“SEC” or “Commission”) and Citigroup. The complaint alleged that Citigroup failed to disclose its role in the selection of assets for a billion dollar collaterized debt obligation. Judge Rakoff rejected the consent […]

Forward-Looking Improvements To Licensing The Next Generation Of Nuclear Reactors

ARJUN PRASAD Nuclear regulation has faced a variety of challenges since the Atomic Energy Commission first introduced the procedure of two-step licensing, in which construction and operational licenses are issued separately to nuclear reactor developers. Since 1974, and the establishment of the Nuclear Regulatory Commission, the process for licensing a nuclear power plant has changed […]