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How to induce corporate compliance with regulations? Harsh punishments will cause companies to disguise violations, and mild punishments will cause companies to report their violations and make weak efforts to avoid them. In this book, Sharon Oded canvasses the history of thinking about corporate compliance, and he proposes his own candidate for the best law. This is a sophisticated account of legal incentives that will repay any reader interested in corporate compliance. Robert Cooter, University of California, Berkeley, US The effective control of corporate misconduct is a vital but elusive task for regulators, given the complexity of organization structures and the need to find the right ...
White-collar crime is globally shattering in its effect, and there is no doubt enforcement is a necessity in rooting it out. In his inaugural lecture, Sharon Oded raises the question of whether enforcement policies currently emerging in the U.S. and other jurisdictions are suitable to serve this purpose. He is particularly concerned with the intoxication of force - that is, the very real situation where the main goal of the enforcement system is to sanctify harsh enforcement, rather than to encourage meaningful compliance.This lecture seeks to expand the analytical discourse of enforcement systems beyond the notion of deterrence. Following a multi-disciplinary approach, Sharon opens the corp...
This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefully-chosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process. Bringing together comparative perspectives, the expert contributors discuss the practice of the Anti-Monopoly Law in China from the viewpoints of European and American competition policy. Several very current topics are given specific attention, including enforcement, the role of the state, how to define the relevant market and how to apply the AML to regulated industries. The book also indicates the scope for mutual learning on how to improve the AML. The Chinese Anti-Monopoly Law will appeal to competition lawyers, attorneys-at-law dealing with economic law generally, civil servants and policy makers, comparative lawyers and social scientists with an interest in developments in China.
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Corporate Criminal Investigations and Prosecutions provides readers a comprehensive understanding of the process behind the investigation, prosecution, and resolution of criminal charges against organizations. Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth...
Continuing the AIDP’s tradition in examining how to improve the protection of the environment through criminal law, this volume addresses various challenges and scientific concerns in relation to environmental crime. It touches upon a range of topics, from biodiversity to corporate criminal liability to jurisdictional or prosecutorial problems, and explores multiple national and regional enforcement systems, drawing from best practices. It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.
This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
Addressing the recent debate on how the future of academic publishing might look in a purely digital environment, this book analyzes the experiences of researchers with, as well as attitudes towards, ‘Open Access’ (OA) publishing. Drawing on a unique, in-depth survey with more than 10,000 respondents from 25 countries, Thomas Eger and Marc Scheufen discuss their findings in the light of recent policy attempts which have been trying to foster OA, revealing considerable shortcomings and lack of knowledge on fundamental features of the academic publishing market.
“Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, former Commissioner, Securities and Exchange Commission In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn't happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don't have the funding or staff to pursue lengthy prosecut...
Broker-Dealer Compliance is a concise yet comprehensive guide that reviews the state of broker-dealer compliance, both from general and practical perspectives. While the book has a practical focus, it also makes use of legal scholarship and behavioral and organizational literature on compliance that have grown exponentially in recent years.
In 1954 reporter Uri Dan met a young military commander named Ariel Sharon and followed him closely for more than half a century. Dan became Sharon's trusted advisor and a witness to the defining moments of the Israeli-Palestinian conflict--from secret meetings with heads of state to open warfare in the Sinai. This riveting combination of political history, narrative biography, interviews, and correspondence sheds new light on the conflict in the Middle East and provides an intimate, definitive portrait of Ariel Sharon--a man whose life is inextricably intertwined with Israel's destiny. With Hamas governing Palestine, Ariel Sharon gravely ill and the party he founded, the Kadima, in control of the Knesset, this book couldn't be more timely.