Transnational bribery is a serious global problem, but as Kevin Davis argues, in his provocative and wide ranging critique, domestic and international law enforcement is often misdirected. Different societies have distinctive vulnerabilities that are not reflected in present-day enforcement priorities. A more effective response would look beyond prevention and deterrence to assess the costs and benefits of alternative strategies in diverse settings.
Kevin E. Davis is Beller Family Professor of Business Law at New York University School of Law.