Overview
You will write a short reflection paper. The paper should be based upon i) the related assigned readings and class lecture/discussion on the topic preceding the debate; ii) relevant ethical considerations; and iii) the content of the in-class debate. The intention for this reflection is for you to integrate across these various materials and for you to critically think about the policy issues involved.
Your reflection should include a discussion of your own position on the policy and must make specific references (by name) to the debaters and their in-class arguments. You should primarily reflect on what your initial position was and whether the debate reinforced your position, flipped it, or modified what arguments/evidence you use to support it.
Formatting Guidelines, Submission, & Due Dates
Each reflection should be no more than three pages, double-spaced. Its margins should be 1 inch on all sides, and the font should be 10-12 points. There is no need to conduct any outside research, but if you are referencing material from additional reading you have done, then please cite it via footnote.
FCPA DEBATE RESOURCES:
Case Debate I: Curtailing Enforcement of the U.S. Foreign Corrupt Practices Act
In our first debate, we will engage with the following proposition:
RESOLVED: The U.S. Foreign Corrupt Practices Act should only be enforced in limited cases where doing so will directly benefit U.S. economic, foreign policy, and national security interests.
The affirmative team will need to argue in favor of this proposition, with the negative team arguing against it. All students should complete the essential background reading below, as well as at least one reading from the affirmative side and one reading from the negative side. The participants in the debate should complete all of the below readings, as well as their own further research on the topic.
Essential Background Reading: Be sure to complete the reading from the last class that provides an overview of the FCPA. Jones Day. 2010. ATTACHED BELOW
Please also read the recent memo issued by the U.S. Department of Justice (DOJ) that expresses the Trump Administration's posture: "Guidelines for Investigations and Enforcement of the FCPA." (dated June 9, 2025) https://www.justice.gov/dag/media/1403031/dl
Readings on the Affirmative Side
- From the Trump Administration, preceding the above DOJ memo: https://www.whitehouse.gov/presidential-actions/2025/02/pausing-foreign-corrupt-practices-act-enforcement-to-further-american-economic-and-national-security/
- From the Cato Institute: https://www.cato.org/commentary/fcpa-act-punitive-morality
- From a professor at Notre Dame Law School: https://scholarship.law.nd.edu/law_faculty_scholarship/1410/
Readings on the Negative Side
- From Duke University School of Law: https://law.duke.edu/sites/default/files/centers/cicl/the_fascinating_political_economy_of_the_foreign_corrupt_practices_act_sykes.pdf
https://law.duke.edu/news/professor-rachel-brewster-how-foreign-corrupt-practices-act-benefits-us-companies
- From Bloomberg Law: https://news.bloomberglaw.com/us-law-week/abandoning-fcpa-would-endanger-ethical-shield-for-us-companies
- From White & Case a law firm: https://www.whitecase.com/insight-alert/fcpa-freeze-and-refocus-enforcement-becoming-tool-promote-us-economic-foreign-policy
USE THE PDF I HAVE ATTACHED WITH MY NOTES FROM THE DEBATE. Use these notes and take whatever stance that you want. Let me know if you have any questions. NO USE OF AI TO WRITE.