The Case for the Corporate Death Penalty

Author: Mary Kreiner Ramirez
Publisher: NYU Press
ISBN: 1479873160
Format: PDF, Mobi
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An unprecedented breakdown in the rule of law occurred in the United States after the 2008 financial collapse. Bank of America, JPMorgan, Citigroup, Goldman Sachs, and other large banks settled securities fraud claims with the Securities and Exchange Commission for failing to disclose the risks of subprime mortgages they sold to the investing public. But a corporation cannot commit fraud except through human beings working at and managing the firm. Rather than breaking up these powerful megabanks, essentially imposing a corporate death penalty, the government simply accepted fines that essentially punished innocent shareholders instead of senior leaders at the megabanks. It allowed the real wrongdoers to walk away from criminal responsibility. In The Case for the Corporate Death Penalty, Mary Kreiner Ramirez and Steven A. Ramirez examine the best available evidence about the wrongdoing underlying the financial crisis. They reveal that the government failed to use its most powerful law enforcement tools despite overwhelming proof of wide-ranging and large-scale fraud on Wall Street before, during, and after the crisis. The pattern of criminal indulgences exposes the onset of a new degree of crony capitalism in which the most economically and political powerful can commit financial crimes of vast scale with criminal and regulatory immunity. A new economic royalty has seized the commanding heights of our economy through their control of trillions in corporate and individual wealth and their ability to dispense patronage. The Case for the Corporate Death Penalty shows that this new lawlessness poses a profound threat that urgently demands political action and proposes attainable measures to restore the rule of law in the financial sector.

Edwin H Sutherland

Author: David O. Friedrichs
Publisher: Routledge
ISBN: 1315406845
Format: PDF, ePub, Docs
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Edwin H. Sutherland is widely identified as the single most important and influential criminologist of the twentieth century. He is especially well-known for his path-breaking criminology textbook (first published in 1924), his promotion of a sociological (and scientific) approach to the understanding of crime and its control, his theory of differential association, and his work over his final ten years on white-collar crime, a term he is credited with having introduced. This book explores the contemporary meaning of Edwin Sutherland and considers why criminologists today should continue to engage with his work. What can and should Sutherland mean to future 21st century criminologists, those working in the field say between 2021 and 2050, or some one hundred years after the 1921 to 1950 period that encompassed Sutherland’s criminological career? Which dimensions of Sutherland’s work have best survived the march of time and which are most likely to – and deserve to – survive going forward? Making the case that Sutherland is important to both mainstream and critical criminologists, to positivistic criminologists and those who study crimes of the powerful, this book is essential reading for both students and scholars interested in exploring the enduring legacy of this key thinker in criminology.

Corporate Justice

Author: Andre Douglas Pond Cummings
Publisher:
ISBN: 9781611633580
Format: PDF, ePub, Docs
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"Corporate justice" refers to a shared responsibility, even a moral obligation, between corporate decision makers, shareholders, external organizational constituencies, and society to ensure that the corporate decision making process is fair, civil, responsible, and just. More than that, corporate justice requires that corporations do no harm in their pursuit of profits and that shareholders as well as society in general have an affirmative responsibility to facilitate this pursuit. Corporate justice expects that founders, stakeholders, and executives in a business will honor human potential and eschew profits when such derive from unfairness, inequality, danger, and damage. This book explores each of these themes in depth, providing an insight practically non-existent in corporate law textbooks and treatises available today.

Payback

Author: Thane Rosenbaum
Publisher: University of Chicago Press
ISBN: 022604369X
Format: PDF
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We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.

End of Its Rope

Author: Brandon L. Garrett
Publisher: Harvard University Press
ISBN: 0674981960
Format: PDF, Mobi
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Today, death sentences in the U.S. are as rare as lightning strikes. Brandon Garrett shows us the reasons why, and explains what the failed death penalty experiment teaches about the effect of inept lawyering, overzealous prosecution, race discrimination, wrongful convictions, and excessive punishments throughout the criminal justice system.

The Faithful Executioner

Author: Joel F. Harrington
Publisher: Farrar, Straus and Giroux
ISBN: 0809049937
Format: PDF, ePub, Mobi
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Based on the rare and until now overlooked journal of a Renaissance-era executioner, the noted historian Joel F. Harrington's The Faithful Executioner takes us deep inside the alien world and thinking of Meister Frantz Schmidt of Nuremberg, who, during forty-five years as a professional executioner, personally put to death 394 individuals and tortured, flogged, or disfigured many hundreds more. But the picture that emerges of Schmidt from his personal papers is not that of a monster. Could a man who routinely practiced such cruelty also be insightful, compassionate—even progressive? In The Faithful Executioner, Harrington vividly re-creates a life filled with stark contrasts, from the young apprentice's rigorous training under his executioner father to the adult Meister Frantz's juggling of familial duties with his work in the torture chamber and at the scaffold. With him we encounter brutal highwaymen, charming swindlers, and tragic unwed mothers accused of infanticide, as well as patrician senators, godly chaplains, and corrupt prison guards. Harrington teases out the hidden meanings and drama of Schmidt's journal, uncovering a touching tale of inherited shame and attempted redemption for the social pariah and his children. The Faithful Executioner offers not just the compelling firsthand perspective of a professional torturer and killer, but testimony of one man's lifelong struggle to reconcile his bloody craft with his deep religious faith. The biography of an ordinary man struggling for his soul, this groundbreaking book also offers an unparalleled panoramic view of Europe on the cusp of modernity, a society riven by violent conflict at all levels and encumbered by paranoia, superstition, and abuses of power. Thanks to an extraordinary historical source and its gifted interpreter, we recognize far more of ourselves than we might have expected in this intimate portrait of a professional killer from a faraway world.

Unchecked Corporate Power

Author: Gregg Barak
Publisher: Taylor & Francis
ISBN: 1317360532
Format: PDF, Mobi
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Why are crimes of the suite punished more leniently than crimes of the street? When police killings of citizens go unpunished, political torture is sanctioned by the state, and the financial frauds of Wall Street traders remain unprosecuted, nothing succeeds with such regularity as the active failures of national states to obstruct the crimes of the powerful. Written from the perspective of global sustainability and as an unflinching and unforgiving exposé of the full range of the crimes of the powerful, Unchecked Corporate Power reveals how legalized authorities and political institutions charged with the duty of protecting citizens from law-breaking and injurious activities have increasingly become enablers and colluders with the very enterprises they are obliged to regulate. Here, Gregg Barak explains why the United States and other countries are duplicitous in their harsh reactions to street crimes in comparison to the significantly more harmful and far-reaching crimes of the powerful, and why the crimes of the powerful are treated as beyond incrimination. What happens to nations that surrender ever-growing economic and political power to the globally super rich and the mammoth multinational corporations they control? And what can people from around the world do to resist the criminality and victimization perpetrated by multinationals, and generated by the prevailing global political economy? Barak examines an array of multinational crimes—corporate, environmental, financial, and state—and their state-legal responses, and outlines policies and strategies for revolutionizing these contradictory relations of capital reproduction, criminality, and unsustainability.

Financial Services Law and Compliance in Australia

Author: Gail Pearson
Publisher: Cambridge University Press
ISBN: 9781139475891
Format: PDF, ePub, Docs
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Up until the global credit crisis in 2008, 'Financial Services' was the fastest growing sector of the Australian economy. This growth has had profound implications for individuals, corporations and government. Following extensive review in the last part of the twentieth century, Australia put in place an overarching system for regulating all financial services, replacing a system that was based on separate regulation of products in individual industries. Focusing on the implications of the new system for retail clients - 'financial citizens' - Financial Services Law and Compliance in Australia provides a comprehensive account of the regulatory structure and a detailed analysis of the legislative framework, including discussion of the new regulatory bodies, the new licensing requirements for those wishing to enter the financial services market and the new obligations for those marketing or offering financial services to the public. This is an essential resource for those working in, and advising on, financial services, for students of financial services law, and for anyone needing to understand this new regime in Australia.

Are Prisons Obsolete

Author: Angela Y. Davis
Publisher: Seven Stories Press
ISBN: 1609801040
Format: PDF, ePub
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With her characteristic brilliance, grace and radical audacity, Angela Y. Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable. In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.

Congressional Record

Author: United States. Congress
Publisher:
ISBN:
Format: PDF, ePub, Docs
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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)