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Eleventh Circuit Provides Guidance for the Definition of “Foreign Official” under the FCPA, CRS Legal Sidebar (October 15, 2014)

October 20, 2014 Comments off

Eleventh Circuit Provides Guidance for the Definition of “Foreign Official” under the FCPA, CRS Legal Sidebar (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) issued its opinion in United States v. Esquenazi , a case important for being the first federal appellate court decision to provide guidance for and flesh out the definition of the term “foreign official” under the Foreign Corrupt Practices Act (FCPA or Act). The FCPA, first enacted in 1977 and significantly amended in 1988 (with an additional amendment in 1998 to implement the Organization of Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions), was enacted principally to prevent the bribery of foreign officials. It has three major parts: 1. Requires corporations to keep accurate books, records, and accounts; 2. Requires issuers registered with the Securities and Exchange Commission to maintain a responsible internal accounting control system; and 3. Prohibits bribery by American corporations of foreign officials. (For additional information on the FCPA, see CRS Report R41466: The Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement.)

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Payback Time? What the Internationalization of Climate Litigation Could Mean for Canadian Oil and Gas Companies

October 20, 2014 Comments off

Payback Time? What the Internationalization of Climate Litigation Could Mean for Canadian Oil and Gas Companies
Source: Canadian Centre for Policy Alternatives

This report explores scenarios in which the legal landscape concerning climate damages litigation could suddenly and dramatically change—and finds that Canadian oil and gas companies could be liable for billions of dollars of damages for their contribution to climate change. This study is part of CCPA’s Climate Justice Project and is co-published with West Coast Environmental Law.

UK — Women in Whitehall: culture, leadership, talent

October 20, 2014 Comments off

Women in Whitehall: culture, leadership, talent
Source: Cabinet Office

This is the final report of a research project into the blockages facing talented women succeeding in the Senior Civil Service (SCS).

It sets out the opportunity and challenge to unleash the potential of many more staff who want to serve HM Government and our Country.

The report builds on the Interim Report presented to Minister for the Cabinet Office, Francis Maude, on 23rd April 2014.

Reinvigorating the EU Single Market

October 20, 2014 Comments off

Reinvigorating the EU Single Market
Source: OECD

The EU Single Market remains fragmented by complex and heterogeneous rules at the EU and national levels affecting trade, capital, including foreign direct investment, and labour mobility. Further development of the Single Market and removing barriers to external trade would bring substantial growth and employment gains by enhancing resource allocation in Europe, by generating economies of scale and by strengthening competition and hence incentives to innovate. Reforming regulation and other implicit barriers can also yield a double dividend: it would stimulate cross-border activities and support the necessary reallocation process within countries. Such reallocation can cause hardships, especially for the less-skilled workers who may not be able to compete. To deal with such problems, it is important to enhance active labour market policies and training. The Single Market would also benefit from better networks between countries that can be supported by a well-targeted infrastructure policy. New digital networks can be promoted by an appropriate regulatory framework to strengthen confidence and to promote fair competition. Regarding external trade, the first-best solution is clearly multilateral trade negotiations, but short of that external trade and investment barriers can be reduced with Free Trade Agreement negotiations with the United States and other partners. This Working Paper relates to the 2014 OECD Economic Survey of the European Union (www.oecd.org/eco/surveys/economic-survey-european-union.htm).

Critiquing US Health Care

October 17, 2014 Comments off

Critiquing US Health Care
Source: Journal of the American Medical Association

Critics of US health care usually begin by noting that this country spends a much greater share of its gross domestic product (GDP) on health care than any other country but lags in life expectancy at birth. This critique implicitly (and sometimes explicitly) assumes that there should be a positive correlation between health care expenditures and life expectancy. Such an assumption is fully justified for low-income countries with minimal health care; additional care and financial resources usually have substantial favorable effects on life expectancy.

In theory, this positive relationship should continue at all levels of income, albeit with possible diminishing returns. In practice, however, many nonmedical determinants of health can vary across developed countries, possibly confounding a simple 1-to-1 relationship between health care expenditures and life expectancy. As an empirical matter, the assumption of a positive correlation is not supported by comparisons across developed countries or within the United States across states.

UN — Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

October 17, 2014 Comments off

Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (PDF)
Source: United Nations Office of the High Commissioner for Human Rights

The present report in the fourth annual report submitted to the General Assembly by the current Special Rapporteur on the promotion and protection of human rights and fundamental freesoms while countering terrorism, Ben Emmerson.

The key activities undertaken by the Special Rapporteur between 17 December 2013 and 31 July 2014 are listed in section II of the report. In section III, the Special Rapporteur examines the use of mass digital surveillance for counter-terrorism purposes and considers the implications of bulk access technology for the right to privacy under article 17 of the International Covenant on Civil and Political Rights.

The Ebola Outbreak: Select Legal Issues, CRS Legal Sidebar (October 6, 2014)

October 17, 2014 Comments off

The Ebola Outbreak: Select Legal Issues, CRS Legal Sidebar (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

On August 8th, the World Health Organization declared the outbreak of the Ebola Virus Disease in West Africa a Public Health Emergency of International Concern. The recent arrival in the United States of several health care workers who contracted the disease, combined with the first diagnosis of a case in the U.S. at a hospital in Dallas, has sparked discussion about the appropriate government response. Aside from the various policy considerations at issue, the outbreak has generated several legal questions about the federal government’s authority to restrict specific passengers’ travel and/or contain the outbreak of an infectious disease. These questions include, inter alia, whether the federal government may: (1) restrict which countries U.S. nationals may travel to in the event of a public health crisis; (2) bar the entry into the United States of people who may have been infected by a disease; and (3) impose isolation or quarantine measures in order to control infectious diseases.

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