Author: Julie R. O'Sullivan
Publisher: West Academic Publishing
Release Date: 2012
This law school casebook addresses substantive and procedural areas of importance in white-collar criminal practice. The book covers a variety of substantive crimes, including perjury, false statements, false claims, obstruction of justice, mail and wire fraud, public corruption, insider trading, conspiracy, Racketeer Influenced and Corrupt Organizations (RICO) Act, and money laundering. It then tackles procedural issues critical to white-collar practice such as grand jury, discovery, the Fifth Amendment right against self-incrimination as applied to testimony and physical evidence, the attorney-client privilege, representation issues, plea bargaining and cooperation agreements, and parallel proceedings. The materials emphasize ethical issues facing criminal law practitioners. This revision covers: important Supreme Court decisions in the areas of mens rea (Global-Tech; Flores-Figueroa), fraud (Skilling), and RICO (Boyle); congressional action in the areas of False Claims, the new securities whistleblower program, money laundering, and the rules of evidence; amendments by the Sentencing Commission in the areas of organizational sentencing and departure analysis; and DOJ action, such as the Attorney General's shift in charging policy and guidance regarding FCPA compliance programs.
Author: Peter J. Henning
Publisher: Lexis Nexis
Release Date: 2011-08-25
The Prosecution and Defense of Public Corruption: The Law and Legal Strategies is the first comprehensive, practice-oriented treatment of the law of public corruption in the U.S. legal market. This unique publication provides a thorough legal analysis of the disparate areas of the law that can be used to prosecute public officials at all levels of government. In The Prosecution and Defense of Public Corruption, authors Peter J. Henning and Lee J. Radek discuss how counsel can develop appropriate legal strategies for prosecuting and defending these cases. Many essential topics are addressed with the practitioner in mind, including: Evidence Gathering Issues; Privilege Issues; Issues at Trial; Sentencing Issues.
Author: William N. Eskridge
Release Date: 2004-07-30
Contains an introduction to legislation; descriptive and normative theories of legislation, including procedural theories of legislation, pluralism and interest groups, and institutional theories of legislation; Title VII: interpretive issues and political theories, the Supreme Court's decision in Griggs, affirmative action United States Steelworkers of America v. Weber and Johnson v. Transportation Agency, Santa Clara County; legislative drafting; representational structures, structures of legislative deliberation; statutes as a source of public policy in the United States; theories of statutory interpretation; doctrines of statutory interpretation; and the implementation of statutes.
Author: Sheldon F. Kurtz
Publisher: West Academic
Release Date: 2003
This law school casebook provides updated and revised materials on property rights. Included are materials on human embryos and human body parts, updated materials on gifts, including gifts of engagement rings, as well as updated materials on tenancy by the entirety. Readers will also find completely revised and updated coverage of the law of takings and zoning, including all Supreme Court decisions through 2002, and expanded and updated coverage of the law of housing discrimination, with increased attention to state and local law issues, as well as handicapped and age discrimination under the federal Fair Housing Act.
Author: John S. Lowe
Publisher: West Group Publishing
Release Date: 2002-07-01
The pages of this book are filled with theoretical enigmas that intrigue legal theorists, yet oil and gas law is practical enough to satisfy the desire for "real law" shared by most second- and third-year law students. This edition contains numerous changes from the first two editions. The authors have added materials on environmental law in a new Chapter 9. They have also inserted the materials on implied covenants into Chapter 2, alongside express lease provisions, and moved the materials on royalty disputes into Chapter 3. They have updated and revised all of the chapters.
Author: Pamela H. Bucy
Publisher: West Academic
Release Date: 2005
Designed to give students a better understanding of RICO, labor and benefit fund fraud, public corruption, money laundering, corporate crime, the False Claim Act, fraud upon financial institutions, and tax fraud-all criminal actions pursued by the federal government. The material also addresses the civil ramifications of white collar crime pursued by federal and state governments or private citizens, including revocation of professional licenses and credentials, exclusion and debarment from federal programs, and loss of a federal charter or insurance for financial institutions.
Author: John Lowe
Publisher: West Academic Publishing
Release Date: 2018-05-11
This new edition of the popular textbook on the law of oil and gas focuses first on ownership of the resource. Chapter 1 examines the common law of oil and gas ownership and the remedies that protect and restrict ownership rights. Chapter 2 focuses on the foundational business relationship used to develop oil and gas in the United States--the oil and gas "lease." Chapter 3 examines common problems encountered in oil and gas conveyancing. Chapter 4 explores legislative and regulatory responses to problems created by common-law ownership concepts, focusing on oil and gas conservation law. Chapter 5 examines the body of law designed to regulate environmental impacts by following the oil and gas development process chronologically, from land acquisition to abandonment. Chapter 6 considers transactions other than leasing and conveying that are frequently encountered in the industry, including assignments, farmouts, operating agreements, drilling contracts, and gas sales contracts. Finally, Chapter 7 examines the complex body of law that must be considered when oil and gas development is taking place on property owned by the federal, state, or tribal governments. Many instructors will build the basic oil and gas law course around Chapters 1 through 4 and save Chapters 5 through 7 for advanced courses. The book is completely updated, reflecting new case law in the traditional oil and gas states and evolving case law in eastern states. The book is further updated to cover shale oil and gas resources.
Author: Richard W. Painter
Publisher: Oxford University Press, USA
Release Date: 2009
In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust (such as personal financial holdings or family relationships). Getting the Government America Deserves articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. Getting the Government America Deserves analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Richard Painter argues that the existing ethics regime is in need of substantial reform since federal ethics laws fail to curtail conduct that undermines the integrity of government, such as political activity by federal employees and their interaction with lobbyists and interest groups. He also contends that in some other areas, such as personal financial conflicts of interest, there is too much complexity in regulatory and reporting requirements, and rules need to be simplified. Painter's solution includes strengthening the enforcement of ethics rules, reforming the lobbying industry, and changing a system of campaign finance that impedes meaningful government ethics reform.
Author: Bruce Zagaris
Publisher: Cambridge University Press
Release Date: 2015-08-10
Contemporary transnational criminals take advantage of globalization, trade liberalization, and emerging new technologies to commit a diverse range of crimes. By moving money, goods, services, and people instantaneously they are able to serve purposes of pure economic gain or political violence. This book examines the rise of international economic crime and recent strategies to combat it in the United States and abroad. Focusing on the role of international relations, it draws from case studies in a diverse range of criminality from money laundering to tax evasion. Newly revised and expanded, the second edition of International White Collar Crime incorporates recent developments and updated case studies. New chapters on environmental crimes and securities enforcement under the Dodd–Frank Act continue to make it an essential tool for practicing business, law, and law enforcement.
Author: Jerome H. Skolnick
Release Date: 2005
Introduces the concept of crime and addresses key issues such as how we measure criminality, its variety, and the justifications we employ for punishing it. The book also discusses processing institutions: police, prosecutor, defense attorney, courts, sentencing and corrections. The book defines the relationships among these institutions and illustrates the relationships with examples. Materials in the book include cases and statutes, the writings and commentary of legal scholars, articles by social scientists and humanists, newspaper editorials and reports by criminal justice practitioners.
Author: Joseph T. Wells
Publisher: John Wiley & Sons
Release Date: 2012-03-23
Genre: Business & Economics
Real case studies on bribery and corruption written by expert fraud examiners Bribery and Corruption Casebook: The View from Under the Table is a one-of-a-kind collection of actual cases written by the fraud examiners who investigated them. These stories were hand-selected from hundreds of submissions and together form a comprehensive, enlightening and entertaining picture of the many types of bribery and corruption cases in varied industries throughout the world. Each case outlines how the bribe or corruption was engineered, how it was investigated, and how perpetrators were brought to justice Written for fraud investigators, auditors, compliance officers, and corporate lawyers Reflects the recent crackdown on bribery and prosecution of cases under the Foreign Corrupt Practices Act (FCPA) Also by Dr. Joseph T. Wells: Fraud Casebook, Principles of Fraud Examination, and Computer Fraud Casebook This book reveals the dangers of bribery and corruption and the measures that can be taken to prevent it from happening in the first place.
Author: Sarah Chayes
Publisher: W. W. Norton & Company
Release Date: 2015-01-19
Genre: Political Science
Winner of the 2015 Los Angeles Times Book Prize for Current Interest. "I can’t imagine a more important book for our time." —Sebastian Junger The world is blowing up. Every day a new blaze seems to ignite: the bloody implosion of Iraq and Syria; the East-West standoff in Ukraine; abducted schoolgirls in Nigeria. Is there some thread tying these frightening international security crises together? In a riveting account that weaves history with fast-moving reportage and insider accounts from the Afghanistan war, Sarah Chayes identifies the unexpected link: corruption. Since the late 1990s, corruption has reached such an extent that some governments resemble glorified criminal gangs, bent solely on their own enrichment. These kleptocrats drive indignant populations to extremes—ranging from revolution to militant puritanical religion. Chayes plunges readers into some of the most venal environments on earth and examines what emerges: Afghans returning to the Taliban, Egyptians overthrowing the Mubarak government (but also redesigning Al-Qaeda), and Nigerians embracing both radical evangelical Christianity and the Islamist terror group Boko Haram. In many such places, rigid moral codes are put forth as an antidote to the collapse of public integrity. The pattern, moreover, pervades history. Through deep archival research, Chayes reveals that canonical political thinkers such as John Locke and Machiavelli, as well as the great medieval Islamic statesman Nizam al-Mulk, all named corruption as a threat to the realm. In a thrilling argument connecting the Protestant Reformation to the Arab Spring, Thieves of State presents a powerful new way to understand global extremism. And it makes a compelling case that we must confront corruption, for it is a cause—not a result—of global instability.