LIDS White Paper accepted for publication by ABA

During the 2012-2013 academic year, LIDS commenced its first White Paper project led by Maryum Jordan and Delphia Lim. The team consisted of the following students from Harvard Law School and the Fletcher School: Kwabena Acheampong, David Donatti , Patrick Kibbe, Jose Vicente Santos de Mendonca, and Melanie Reed. The White Paper, entitled “Access to Remedies for Public Harm Caused by Foreign Public Bribery: Proposals for Legal Reform in the U.S.,” investigates compensation options for corporate public bribery, with a particular focus on the harm faced by the public in developing countries. The paper spotlights the proposition that remedies for this type of public harm should be provided by the home states of the corporate perpetrators. After examining the current international and American legal frameworks on corruption, the paper explores two ideas for promoting more robust victim’s compensation under the U.S. Foreign Corrupt Practices Act (FCPA). The first idea considers mechanisms for redistributing the fines collected from FCPA violations and the second considers an amendment to the FCPA to include a private right of action for foreign plaintiffs.

After the White Paper was drafted, it was accepted for publication by the American Bar Association’sCriminal Justice magazine. Criminal Justice is published quarterly for the American Bar Association’s Criminal Justice Section–members include defense and prosecution lawyers, judges, and academics. The published White Paper will be available in the Fall 2013 edition.