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Competitiveness and Corruption (Ohio Northern University College of Law)
For the last five years, the Ohio Northern University College of Law has had an upper-level course in Competitiveness and Corruption developed and taught by Professor Elena Helmer. The course is part of the curriculum of the Democratic Governance and Rule of Law LL.M. Program for public interest lawyers from transitional democracies and American lawyers interested in international development work. The course is mandatory for all LL.M. students but is also open to regular J.D. students.
Competitiveness
and Corruption perceives corruption as one of the main impediments to
development and antithesis to competitiveness.
The goal of the course is not only to stress the corrosive effect that corruption
has on government, justice and efforts to develop truly free markets, but to demonstrate
how corruption can be successfully reduced and limited through reforms. Since this is a law school course, the
emphasis is on the legal side of corruption and anticorruption although
significant class time is devoted to corruption’s non-legal aspects.
The primary
modules of the course are as follows:
1.
Corruption and Its Costs
This section covers the nature of corruption, the concept of
competitiveness, and how they relate to each other and to countries' economic
development; the types of corruption; its causes and consequences.
2.
Corruption and Law
National and international legal response to corruption (government
ethics laws and regulation of civil service; domestic anti-bribery statutes;
the U.S. Foreign Corrupt Practices Act; international anticorruption
conventions; international law enforcement cooperation, etc.).
3.
Corruption and Democracy
Corruption and democratic institutions; regulation of campaign
finance and lobbying.
4.
Corruption and Business
The relationship between government and business, how it affects
corruption and how corruption affects this relationship; extralegal (shadow)
economy and corruption; economic reforms.
5. Anticorruption
Reforms
Successful and unsuccessful anticorruption reforms and the lessons
they teach on how to limit corruption.
While the
overall record of fighting corruption in most countries is not a good one, more
than one student has said that, at the end of the course, they felt optimistic
that the tools were available to make serious inroads into the problems of
their countries.
The principal
text is "Corruption and Government" by Professor Susan Rose-Ackerman. For every class, the book is supplemented by extensive
handouts from such diverse fields as law, economics, business/management,
political science, and others.
Throughout the semester, students do multiple research assignments which
require written reports and class presentations. The course ends up with a take-home exam
focusing on the practical application of the material covered throughout the
semester.
The success of the
course in Competitiveness and Corruption is demonstrated by the fact that a
quarter of the ONU foreign LL.M. graduates work in the anticorruption field in
their home countries. Through Competitiveness and Corruption and many
components of their other courses, the students develop an appreciation for the
way the rule of law provides the critical underpinnings of the economic and
political reforms transitional countries need in order to achieve stability and
economic development.
The ONU College
of Law also hosts Anticorruption Teaching Listserv moderated by Professor Elena
Helmer, e-helmer@onu.edu
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