This title was first published in 2001. This text addressses the variations in democratic institutional design and seeks to determine not only if these differences matter, but also to explain how they matter. Using data from established, economically weel-off systems, the book shows that not only are there a multitude of ways to construct a democracy but also how a democracy is constructed influences the outcomes produced by that system. That is to say, institutional differences create distinct incentives for behaviour that in turn influence the type of outcome produced.
This book serves as a comprehensive treatment of the main financial and public malfeasance crimes associated with the subject of white-collar crime. In student-friendly form, it teaches the operations of the major federal statutes in this area while unifying them according to the dominant cross-cutting themes of the nature of corruption and the types of harms to society, government, the legal system, and the market that justify the severity of these laws. It draws on case material not just from the Supreme Court but also from the lower federal courts where the hard work of implementing confessional mandates occurs. In such areas as Securities Fraud, it also covers the agency regulations that play an implementing role. Thus, it offers students rich exercises in statutory interpretation as well as case analysis. Highlights of the First Edition: Materials on perjury, false statements and obstruction of justice that are extremely timely in light of political controversies that reach back to the Nixon and Clinton administrations and are still relevant today Careful elaboration of the different crimes of bribery, including bribery of federal officials under 18 U.S.C. section 201, bribery of state and local officials under the Mail and Wire Fraud laws and federal program bribery law, and the Foreign Corrupt Practices Act Concise treatment of criminal Securities Fraud and Insider trading for students who have not otherwise studied Securities Regulation Extended treatment of the major mens rea issues in white-collar crime, as an advanced version of the subject of mens rea in the standard first-year Criminal Law course, with emphasis on such important doctrines as “deliberate ignorance” and the mental state of ”corruptly.” Professors and students will benefit from: Concisely edited case excerpts in very readable form. Handy Appendix with texts of all major statutes covered in the book. Short provocative notes raising questions of jurisprudence and social philosophy around problems of overcriminalization and the meaning of the concept of “corruption.” Concise non-technical material on cybercrime to show how modem technology raises themes of corruption similar to those of more conditional crimes.
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