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Foreign corruption has run rampant for a tremendous amount of time. To directly address this problem, Congress enacted the Foreign Corrupt Practices Act (FCPA) in 1977. Corruption has adverse effects on democratic institutions; it deteriorates public accountability and redirects resources away from national priorities, including public “health, education, and infrastructure.” The impact of corruption abroad can spread rapidly through the global marketplace and ultimately cause chaos domestically. Due to their substantial international impact, foreign bribery and corruption are deemed a threat to U.S. national security. For these reasons, enforcement of the FCPA is a continuing priority for the United States.
This Note will first grapple with the definition of corruption. This Note will then explore the background of the FCPA, as well as its purposes, provisions, and enforcement vehicles. Next, it will discuss corruption as a global problem, investigating other global anticorruption initiatives, which have proven effective. Thereafter, it will provide a brief history of Afghanistan as a war-torn, underdeveloped, corruption-driven country. It will also delve into the legal history of Afghanistan. It will discuss corruption’s adverse effects on the country. Finally, this Note will analyze the possible effectiveness of the FCPA in Afghanistan and how the United States overcomes cultural barriers, in addition to the lack of security, to do its best for a damaged country.
From television commercials and magazine ads to labels and packaging, food and beverage manufacturers spend a significant amount of money advertising their products. Congress passed the Food, Drug, and Cosmetic Act (FDCA) to ensure that food and beverage manufacturers do not mislead or deceive consumers with their advertising. The FDCA’s purpose is to protect consumers from adulterated and misbranded food and beverages. The FDCA prohibited misbranding food and beverages using false or misleading labels to further this goal.
This Note begins with an outline of the history of federal food regulation in the United States. It discusses the FDCA’s origin and purpose and its subsequent amendment, the NLEA. This Note will then discuss the NLEA’s preemption provision and its interplay with private litigation brought under state consumer protection laws. It will also examine the FDCA’s interaction with private litigation brought under the Lanham Act. The discussion then moves to the Supreme Court’s decision in POM Wonderful LLC v. Coca-Cola, Co. This Note will proffer that the Court’s conclusion that the Lanham Act is a necessary complement to the FDCA reveals major gaps in the FDA’s enforcement of the FDCA. This Note will then examine the reasons for the FDA’s sporadic enforcement of the FDCA. Contrary to the Court’s reasoning in POM, this Note will argue the Lanham Act is not a suitable complement to resolve the FDCA enforcement issues because manufacturers do not bring these suits to advocate for consumer protection, but rather to self-serve their own commercial interests. Accordingly, this Note will offer an alternate solution aimed at protecting consumer interests, namely, consumer-initiated suits to enforce label regulations, brought under state consumer protection laws.
Infringement of patent claims is a statutory tort. The United States Code governs direct infringement under 35 U.S.C. § 271(a), which encompasses infringement of both apparatus and method claims. Infringement of a method claim requires its use by the performance of each step of the claimed method. In Akamai Technologies, Inc. v. Limelight Networks, Inc., the Court of Appeals for the Federal Circuit addressed the issue of liability for divided infringement of method claims. Specifically, the court addressed whether a defendant, in an arms-length relationship with a third party, can be liable for direct infringement when it performs some steps of a method claim and the third party performs the remainder of the steps. The court held the defendant liable for direct infringement because the third party’s actions are attributable to the defendant, but the court also maintained that only single entities can be liable for direct infringement.
The Suffolk University Law Review is pleased to announce its 2016-2017 Staff Members:
We are thrilled to welcome so many talented individuals to the staff and look forward to making this year one of the best yet.