We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
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Private spy Nick Heller is the best lie detector you'll ever meet. Tough, smart and stubborn, Nick Heller prides himself on uncovering the truth. But now he has just forty-eight hours to solve the murder of an innocent woman. Forty-eight hours to force the power-brokers of Washington to give up their secrets... The truth, when it comes, will shock them all. Recent reviews for Joseph Finder: 'Stunning ... I can't remember when I last read a book so gripping and so satisfying' PETER JAMES. 'Smart, swift and well-informed' SCOTT TUROW. 'Terrific' IAN RANKIN. 'A writer at the top of his game' MARK BILLINGHAM. 'Fantastic ... Kept me absolutely on the edge of my seat' MARTINA COLE. 'Timely, twisty and impossible to put down' KARIN SLAUGHTER. 'A masterclass in ratcheting up the tension ... A classy, sophisticated thriller' J.P. DELANEY.
With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law. "Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles."—Edward N. Costikyan, New York Times Book Review
"You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them? Guilty Acts, Guilty Minds proposes an understanding of mens rea and actus reus as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are necessary conditions, among others, for the legitimacy, as distinct from the justice, of state punishment. The actus reus requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided they lacked the capacity to realize they were committing a crime; and on the other, to ascribe guilt to those who realized they were committing a crime, but who lacked the capacity to conform their conduct to the requirements of law. The mens rea requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided their ignorance manifested no lack of law-abiding concern for the law and its ends, and on the other, to ascribe guilt to those who realized they were committing a crime, but whose failure to conform to the law nonetheless manifested no lack of law-abiding concern for the law and its ends"--
As international criminal justice has grown in prominence, so have the challenges facing it. This book discusses the unresolved questions and dilemmas confronted by international war crimes courts. These include the controversies surrounding prosecutorial policy, the tension between peace and justice, and accusations of victor's justice.
Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
This book is a discussion of the most timely and contentious issues in the two branches of neuroethics: the neuroscience of ethics; and the ethics of neuroscience. Drawing upon recent work in psychiatry, neurology, and neurosurgery, it develops a phenomenologically inspired theory of neuroscience to explain the brain-mind relation. The idea that the mind is shaped not just by the brain but also by the body and how the human subject interacts with the environment has significant implications for free will, moral responsibility, and moral justification of actions. It also provides a better understanding of how different interventions in the brain can benefit or harm us. In addition, the book discusses brain imaging techniques to diagnose altered states of consciousness, deep-brain stimulation to treat neuropsychiatric disorders, and restorative neurosurgery for neurodegenerative diseases. It examines the medical and ethical trade-offs of these interventions in the brain when they produce both positive and negative physical and psychological effects, and how these trade-offs shape decisions by physicians and patients about whether to provide and undergo them.
You are a mind reader, born with an extraordinary ability to understand what others think, feel, believe, want, and know. It’s a sixth sense you use every day, in every personal and professional relationship you have. At its best, this ability allows you to achieve the most important goal in almost any life: connecting, deeply and intimately and honestly, to other human beings. At its worst, it is a source of misunderstanding and unnecessary conflict, leading to damaged relationships and broken dreams. How good are you at knowing the minds of others? How well can you guess what others think of you, know who really likes you, or tell when someone is lying? How well do you really understand the minds of those closest to you, from your spouse to your kids to your best friends? Do you really know what your coworkers, employees, competitors, or clients want? In this illuminating exploration of one of the great mysteries of the human mind, University of Chicago psychologist Nicholas Epley introduces us to what scientists have learned about our ability to understand the most complicated puzzle on the planet—other people—and the surprising mistakes we so routinely make. Why are we sometimes blind to the minds of others, treating them like objects or animals? Why do we sometimes talk to our cars, or the stars, as if there is a mind that can hear us? Why do we so routinely believe that others think, feel, and want what we do when, in fact, they do not? And why do we believe we understand our spouses, family, and friends so much better than we actually do? Mindwise will not turn other people into open books, but it will give you the wisdom to revolutionize how you think about them—and yourself. From the Hardcover edition.