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Kristen David Adams and Candace Zierdt, CISG Basics: A Guide to International Sales Law (American Bar Association, 2016)Clicking on the button will copy the full recommended citation.
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Candace Zierdt and Kristen David Adams, International Sales of Goods, 70 Bus. Law. 1269 (2015)Clicking on the button will copy the full recommended citation.
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Candace Zierdt and William J. Woodward Jr., Skills And Values: Contracts (2nd ed., LexisNexis, 2015)Clicking on the button will copy the full recommended citation.
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Kristen David Adams and Candace Zierdt, United Nations Convention on Contracts for the International Sale of Goods, 2015 Bus. L. Today 1 (2015)Clicking on the button will copy the full recommended citation.
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Candace Zierdt, Promises and Obligations in American Contract Law, in Overview of U.S. Law (Ellen S. Podgor and John F. Cooper eds., LexisNexis, 2009)Clicking on the button will copy the full recommended citation.
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Candace Zierdt and Ellen S. Podgor, Back Against the Wall: Corporate Deferred Prosecution Through the Lens of Contract Policing, 23 ABA Criminal Justice Magazine 34 (2008)Clicking on the button will copy the full recommended citation.
This article examines deferred and non-prosecution agreements entered into between corporations and the Department of Justice (DOJ) through the lens of contract policing theory. It adds a new dimension to the contractual law now applicable to plea bargains and proffer agreements by suggesting key provisions that should be prohibited in deferred prosecution agreements. Three provisions common to many deferred prosecution agreements, or used by the government as leverage to secure a deferred prosecution agreement, are of particular interest here. These are: (1) the requirement of a corporation to waive its attorney-client privilege; (2) the determination of a breach of the agreement being within the sole province of the government; and (3) the provision that corporations not abide by previously negotiated contract terms that allow the corporation to pay the attorney fees of corporate employees. Specifically, this article examines the viability of specific provisions within these agreements when matched up against contract policing principles such as duress and unconscionability. This article concludes that corporations are deprived of basic contract rights as a result of the over-powering prosecutorial power used in reaching these agreements.
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Candace Zierdt and Ellen S. Podgor, Corporate Deferred Prosecution through the Looking Glass of Contract “Policing”, 96 Ky. L.J. 1 (2007)Clicking on the button will copy the full recommended citation.
This article examines deferred and non-prosecution agreements entered into between corporations and the Department of Justice (DOJ) through the lens of contract policing theory. It adds a new dimension to the contractual law now applicable to plea bargains and proffer agreements by suggesting key provisions that should be prohibited in deferred prosecution agreements. Three provisions common to many deferred prosecution agreements, or used by the government as leverage to secure a deferred prosecution agreement, are of particular interest here. These are: (1) the requirement of a corporation to waive its attorney-client privilege; (2) the determination of a breach of the agreement being within the sole province of the government; and (3) the provision that corporations not abide by previously negotiated contract terms that allow the corporation to pay the attorney fees of corporate employees. Specifically, this article examines the viability of specific provisions within these agreements when matched up against contract policing principles such as duress and unconscionability. This article concludes that corporations are deprived of basic contract rights as a result of the over-powering prosecutorial power used in reaching these agreements.
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Candace Zierdt, The Little Engine That Arrived at the Wrong Station: How to Get Juvenile Justice Back on the Right Track, 33 U.S.F.L. Rev. 401 (1999)Clicking on the button will copy the full recommended citation.
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Candace Zierdt, Part V, in Implementation Guide for Model Tribal Secured Transactions Act (1999)Clicking on the button will copy the full recommended citation.
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Candace Zierdt, Part VI, in Implementation Guide for Model Tribal Secured Transactions Act (1999)Clicking on the button will copy the full recommended citation.