Nicholas M. McLean
Financial Hardship and the Excessive Fines Clause: Assessing the Severity of Property Forfeitures After Timbs
This Essay sketches the outlines of a forfeitures jurisprudence under the Eighth Amendment’s Excessive Fines Clause in which the effect of property deprivations on individuals and their families—in particular, the infliction of financial hardship—is a core criterion in assessing a forfeiture’s severity.
Intersystemic Statutory Interpretation in Transnational Litigation
122 Yale L.J. 303 (2012).
Cross-National Patterns in FCPA Enforcement
121 Yale L.J. 1970 (2012). This Note undertakes an empirical examination of U.S. enforcement actions under the Foreign Corrupt Practices Act (FCPA) in order to explore the cross-national patterns associated with the United States’ international antibribery enforcement. I investigate a number of possible determinants of FCPA enforcement, including variation in the level of U.S. foreign direct investment (FDI), cross-national variation...