Emory Corporate Governance and Accountability Review

Volume 6Issue 1
Essays

The False Claims Act as Fail-Safe in a Deregulated Environment

Renée Brooker and Eva Gunasekera | 6 Emory Corp. Governance & Accountability Rev. 1 (2019)

This country needs ordinary Americans to step forward and step up—individuals who will “do the right thing.” Effective enforcement of our nation’s laws to solve the opioid crisis is dependent upon help from individuals with first-hand knowledge of the harmful practices that have brought us to the regrettable circumstances we find ourselves in today. The False Claims Act—the Justice Department’s primary civil enforcement tool—provides financial rewards to whistleblowers. It is a legitimate enforcement tool to augment the efforts of the Justice Department. Insiders with personal knowledge of abusive practices that put patients at risk and waste taxpayer dollars can make an enormous difference.

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The SAFE Vehicles Rule: How the Trump Administration’s Course Change on Vehicle Emissions Reflects a Larger Policy Shift Away from Environmentally Friendly Regulations

Meghan Claiborne | 6 Emory Corp. Governance & Accountability Rev. 9 (2019)

In his first two years as President, Donald J. Trump has focused on a systematic dismantling of the American regulatory framework, with environmental regulations coming under particularly fierce attack. This Essay reviews the President’s recent withdrawal and replacement of fuel emissions regulations, and how this decision represents a more general adoption by the Trump Administration of the antiquated notion that economic prosperity and environmental regulation cannot exist harmoniously in modern society.

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Religion and Regulation

Reuben Guttman | 6 Emory Corp. Governance & Accountability Rev. 17 (2019)

Just ten days after his inauguration, on January 30, 2017, the President issued an Executive Order directing that “for every new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.” No doubt the Executive Order failed to account for the exhaustive administrative processes, and even court challenges, that typically create and temper regulation in the first place. Nor did the Executive Order account for the historical context of regulation; perhaps even a tragic event or loss of life leading to a rulemaking. To the contrary, the Executive Order approached regulation generally as a blight impeding man’s ability to do good. Curiously, this should be antagonistic to Mr. Trump’s purported evangelical base and yet it is not.

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The State of the Administrative State: The Regulatory Impact of the Trump Administration

Kathy Wagner Hill | 6 Emory Corp. Governance & Accountability Rev. 25 (2019)

Abraham Lincoln once stated “The past is the cause of the present, and the present will be the cause of the future. All these are links in the endless chain stretching from the finite to the infinite.” Surely, Lincoln was not referring to the regulatory history of the country with his observation, but it is apt when “the state of the administrative state” is being assessed. To understand the Trump Administration’s overall stance toward the administrative state and its particular regulatory actions, both the recent past and the likely impacts on the immediate future need to be considered. Beyond the daily attention-grabbing headlines and bold anti-regulatory rhetoric of President Donald Trump, his administration is building momentum implementing a significant amount of actual regulatory change which will have lasting impacts. The impacts are not only in the particular policy areas of focus, such as health, environmental, banking, immigration, but also on the administrative state itself in terms of its capacity.

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Lighting the Way: The Johnson Amendment Stands Strong against Dark Money in Politics

Whitney Untiedt | 6 Emory Corp. Governance & Accountability Rev. 37 (2019)

Wrapping itself in the cloak of “religious freedom,” the current administration, supported by many conservative members of Congress, has overtly pursued repeal of the Johnson Amendment, an oft-cited clause in the Internal Revenue Code that prohibits certain nonprofit organizations from endorsing political candidates or making campaign contributions. The consequences of deregulating the prohibition on tax-deductible political donations could imperil our country’s traditions of electoral process.

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The Salary Basis Test for Overtime and Minimum Wage Laws

Allen Vaught | 6 Emory Corp. Governance & Accountability Rev. 45 (2019)

Responsible businesses do their best to stay in compliance with applicable overtime and minimum wage laws. The overtime and minimum wage law that generally covers most businesses in the United States and certain other locations is the federal Fair Labor Standards Act (“FLSA”). Depending on the particular state in which the business has employees, there may be state laws that provide more overtime wage and/or minimum wage protections for employees than the FLSA.

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