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Corporate Compliance
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 ...
Intoxication of Force
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...
Corruption and Criminal Justice
Criminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk. Tina Søreide offers views in contrast to mainstream ideas on optimal criminal law responses to corruption, with emphasis on the fundamental role of the criminal justice system in the fight against corruption, and the effect this can have on other mechanisms in society. Her analysis explains the concept of criminal law efficiency through economic approaches and why many criminal law responses to corruption are at risk of becoming ‘façade strategies’ that may, in fact facilitate corruption. Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations.
A New Shoah
Every day in Israel, memorials are held for people killed simply because they were Jews - condemned by the fury of Islamic fundamentalism. A New Shoah is the first book devoted to telling the story of these Israeli terror victims. It centers on a ...
Negotiated Settlements in Bribery Cases
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.
The Gatekeepers
The companion to the Oscar-nominated documentary, an unparalleled look inside Israel’s security establishment. Imagine the following situation: You have just received a tip that six suicide bombers are making their way into the heart of Israel’s major cities, each one to a different city, to set off an explosion in the most crowded centers of population. How far would you go to stop the attack? How would you sleep at night if you failed and one of the six terrorists reached his target and murdered dozens of innocent people? What would you do the next morning to extract your country from this murderous vicious cycle? For six former heads of the Shin Bet (Israel’s internal security servi...
The Chinese Anti-Monopoly Law
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.
Regulatory Reform in China and the EU
With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective.
The Protection of the environment through criminal Law
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.
Deferred Prosecution Agreements and Directors’ Liability
This book provides in-depth analysis of deferred prosecution agreements (DPAs), a tool first introduced in the United States and since implemented in the United Kingdom and other jurisdictions. The central focus of the book is the impact of DPAs on company directors: DPAs were first introduced in the US for individuals, but are now used predominantly for corporate defendants. In the UK, DPAs have only ever been available for companies. The consideration of individuals in the introductory stage in the UK is explored in depth, as well as the consideration and targeting of individuals in cases that have followed. Company directors are exposed to liability because of this negotiated deal between...
