Few penalties imposed on a corporate criminal offender cause as much consternation as do compliance monitors. Fundamentally, the corporate compliance monitor stands in the way of forgetting the past and going back to “business as usual” — at least when it comes to obeying the law. The...

This chapter focuses on private firms' compliance with norms concerning transnational bribery. It begins with an overview of the regulatory context and obstacles to effective enforcement norms against transnational bribery. It then reviews how compliance is defined, how it ought to be defined,...

The current power and influence of the Foreign Corrupt Practices Act (“FCPA”) is really quite remarkable when one considers the statute was largely ignored for its first twenty-five years of existence. This statute, meant to reign in corruption by United States companies doing business abroad;...

In today's regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that...

After the government discovers wrongdoing by a corporation, the corporation and the government often enter into an agreement stating that the corporation will retain a “monitor.” A corporate compliance monitor, unlike the gatekeeper, is not charged with “monitoring” the corporation in an...

Firms have exponentially increased their investment in the creation and implementation of ethics and compliance programs over the past fifteen years. The convergence of more robust corporate enforcement actions and more sophisticated industry standards and practices surrounding compliance...

This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to...

The appropriate focus of corporate purpose has long been debated by scholars, investors, and legal counsel alike, with the majority of these arguments focused on the seeming dichotomy between shareholder wealth maximization and stakeholder capitalism. These modern debates are inextricably tied...

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within...

This time is different. This time the death of another Black man at the hands of white police officers prompted calls for change not only within police departments, but across all aspects of American life. Those calls for change resulted in significant displays of support for the Black Lives...