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Record W2258615418

¿Cuando Se Puede Denunciar a Abogados De Empresas Ante Autoridades Extranjeras Por Actos De Corrupcion? (When Can Corporate Lawyers Be Brought to Foreign Authorities for Acts of Corruption?)

2014· article· es· W2258615418 on OpenAlexaff
Alberto Salazar

Bibliographic record

VenueSSRN Electronic Journal · 2014
Typearticle
Languagees
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsCarleton University
Fundersnot available
KeywordsPolitical scienceHumanitiesArt
DOInot available

Abstract

fetched live from OpenAlex

This work discusses the possibility of applying anti-corruption laws of first-world countries to third world lawyers that, while representing domestic or transnational companies, commit acts of corruption in their home countries. In particular, the Foreign Corrupt Practices Act (FCPA) of the United States allows for the reporting of agents or employees of individuals or companies that commit acts of corruption outside of the United States borders. For example, such a law would apply to Peruvian lawyers that, while acting as agents, employees, directors or executives of said companies commit acts of corruption and would allow these lawyers to be brought before the courts of the United States. This work contends that despite their benefits and the recent sanction of a British lawyer Mr. Tesler, interest group opposition and the apathy of first and third world governments can drastically reduce the effectiveness of such anti-corruption laws. The Newmont case in Peru demonstrates the effectiveness of interest group pressure in curtailing investigations that are in accordance with FCPA provisions as well as the reluctance of governments to push investigations further despite strong evidence pointing to the involvement of employees and the company in acts of corruption. Newmont is the majority shareholder of Yanacocha and his case also illustrates how transnational companies can worsen the deterioration of domestic institutions and the ethical conduct of lawyers in the third world. This case suggests the need to include promises not to aggravate institutions and ethical practices in countries that are the recipients of foreign investment as part of foreign investors’ social responsibility. This article also argues that third world public interest groups and organizations can contribute to reducing the impact of interest group opposition and government apathy if they lodge complaints of corruption by lawyers directly before the Department of Justice and the US Securities and Exchange Commission. Public interest groups may also participate in investigations, victim compensation and the implementation of programs that promote ethical conduct by lawyers. This would contribute not only to improving the ethical conduct and social responsibility of lawyers and the strengthening of institutions in the third world, but also will ensure that countries of the first world do not contribute to worsening the deterioration of democracy and poverty in the third world, particularly in those countries in which their companies invest.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.008
metaresearch head score (Gemma)0.025
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.018
Threshold uncertainty score0.043

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0080.025
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0070.013
Scholarly communication0.0090.008
Open science0.0010.004
Research integrity0.0050.006
Insufficient payload (model declined to judge)0.0080.003

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.027
GPT teacher head0.265
Teacher spread0.237 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2014
Admission routes1
Has abstractyes

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