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Lava Jato, a transnational bribery case that started in Brazil and spread throughout Latin America, upended elections and collapsed governments. Why did the investigation gain momentum in some countries but not others? The book traces reforms that enhanced prosecutors' capacity to combat white-collar crime and shows that Lava Jato became a full-blown anti-corruption crusade where reforms were coupled with the creation of aggressive taskforces. For some, prosecutors' unconventional methods were necessary and justified. Others saw dangerous affronts to due process and democracy. Given these controversies, how did voters react to a once-in-a-generation attempt to clean politics? Can prosecutors trigger hope, conveying a message of possible regeneration? Or does aggressive prosecution erode the tacit consensus around the merits of anti-corruption? Prosecutors, Voters and The Criminalization of Corruption in Latin America is a study of the impact of accountability through criminalization, one that dissects the drivers and dilemmas of resolute transparency efforts.
"Lava Jato, a transnational bribery case that started in Brazil and spread throughout Latin America, upended elections and collapsed governments. Why did the investigation gain momentum in some countries but not others? The book traces reforms that enhanced prosecutors' capacity to combat white-collar crime and shows that Lava Jato became a full-blown anti-corruption crusade where reforms were coupled with the creation of aggressive taskforces. For some, prosecutors' unconventional methods were necessary and justified. Others saw dangerous affronts to due process and democracy. Given these controversies, how did voters react to a once-in-a-generation attempt to clean politics? Can prosecutors trigger hope, conveying a message of possible regeneration? Or does aggressive prosecution erode the tacit consensus around the merits of anti-corruption? Prosecutors, Voters and The Criminalization of Corruption in Latin America is a study of the impact of accountability through criminalization, one that dissects the drivers and dilemmas of resolute transparency efforts"--
Latin America was one of the earliest and most enthusiastic adopters of what has come to be known as the judicialization of politics - the use of law and legal institutions as tools of social contestation to curb the abuse of power in government, resolve policy disputes, and enforce and expand civil, political, and socio-economic rights. Almost forty years into this experiment, The Limits of Judicialization brings together a cross-disciplinary group of scholars to assess the role that law and courts play in Latin American politics. Featuring studies of hot-button topics including abortion, state violence, judicial corruption, and corruption prosecutions, this volume argues that the institutional and cultural changes that empowered courts, what the editors call the 'judicialization superstructure,' often fall short of the promise of greater accountability and rights protection. Illustrative and expansive, this volume offers a truly interdisciplinary analysis of the limits of judicialized politics.
"Corruption and the Lava Jato Scandal in Latin America brings together key international and interdisciplinary perspectives to shine new light on Lava Jato, or Operation Car Wash, Latin America's largest corruption scandal to date. Since 2014, this scandal has unfolded in surprising ways to expose collusion between construction companies and state officials in Brazil and 11 other countries. The corruption uncovered amounts to hundreds of millions of dollars in bribes and billions of dollars in stolen state funds. The volume features evidence that the main construction company at the center of the scandal was apparently deliberate about seeking business in corrupt markets. It also evaluates the ambiguous role played by the media, whose members often relied uncritically on classified information released by the authorities. The volume further contributes to our understanding with studies on a number of other relevant topics, including: the overlap between corruption and the planning of the Rio Olympics; Mexico and Peru's contrasting responses to Lava Jato; the policy reforms needed to avoid a similar scandal in the future; and the roadmap for how Lava Jato should end. Across fifteen chapters by leading and emerging scholars and practitioners, this book engages with these issues from a balanced and unbiased perspective, including interviews with key stakeholders on both sides of the case. As one of the first book-length studies to deal with Lava Jato in the English language, this ground-breaking volume is a compelling reading for advanced students and researchers in areas including Corruption Studies, Public Ethics, Political Science and Latin American Studies, as well as for practitioners working to make governments more accountable"--
This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.
The geopolitics of American law enforcement and how it changed corporate criminal accountability in other countries Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalization and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries. In this book, Cornelia Woll examines the politics of American corporate criminal law’s extraterritorial reach. As governments abroad seek to respond to US law enforcement actions against their companies, they turn to flexible legal instruments that allow prosecutors to settle a case rather than bring it to court. With her analysis of the international and domestic politics of law enforcement targeting big business, Woll traces the rise of what she calls “negotiated corporate justice” in global markets. Woll charts the path to this shift through case studies of geopolitical tensions and accusations of “economic lawfare,” pitting the United States against the European Union, China, and Japan. She then examines the reactions to the new legal landscape, describing institutional changes in the common law countries of the United Kingdom and Canada and the civil law countries of France, Brazil, and Germany. Through an insightful interdisciplinary analysis of how the prosecution of corporate crime has evolved in the twenty-first century, Woll demonstrates the profound transformation of the relationship between states and private actors in world markets, showing that law is part of economic statecraft in the connected global economy.
This report provides novel evidence on Brazilian people’s expectations and evaluation of government’s reliability, responsiveness, openness, integrity and fairness, based on the OECD Trust Survey.
An interdisciplinary, mixed-method study examining Chinese companies' interactions with the US legal system.
Set in Colonial Northern Nigeria, this book confronts a paradox: the state insisted on its separation from religion even as it governed its multireligious population through what remained of the precolonial caliphate. Entangled Domains grapple with this history to offer a provocative account of secularism as a contested yet contingent mode of governing religion and religious difference. Drawing on detailed archival research, Rabiat Akande vividly illustrates constitutional struggles triggered by the colonial state's governance of religion and interrogates the legacy of that governance agenda in the postcolonial state. This book is a novel commentary on the dynamic interplay between law, faith, identity, and power in the context of the modern state's emergence from colonial processes.
China's green transition is often perceived as a lesson in authoritarian efficiency. In just a few years, the state managed to improve air quality, contain dissent, and restructure local industry. Much of this was achieved through top-down, 'blunt force' solutions, such as forcibly shuttering or destroying polluting factories. This book argues that China's blunt force regulation is actually a sign of weak state capacity and ineffective bureaucratic control. Integrating case studies with quantitative evidence, it shows how widespread industry shutdowns are used, not to scare polluters into respecting pollution standards, but to scare bureaucrats into respecting central orders. These measures have improved air quality in almost all Chinese cities, but at immense social and economic cost. This book delves into the negotiations, trade-offs, and day-to-day battles of local pollution enforcement to explain why governments employ such costly measures, and what this reveals about a state's powers to govern society.