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With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.
When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King’s portrait, the gift troubled Americans: it threatened to “corrupt” Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption—rooted in ideals of civic virtue—was a driving force at the Constitutional Convention. For two centuries the framers’ ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United. In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy's majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal.
This collection of articles offers a comprehensive assessment of the subtle but nevertheless pervasive economic infrastructure of corruption. It provides suitable core or adjunct reading for law school, graduate, and undergraduate courses on international economics, international relations and international law. American Society of International Law This exhaustive collection, edited by Rose-Ackerman, cannot be called anything but excellent. . . . Overall, a wonderful addition to the literature. Highly recommended. C.J. Talele, Choice Susan Rose-Ackerman is a world-class economist and an authority on the economics of corruption. This is a fine reference volume that every economist interested in this important subject will want to have as a ready reference. Jagdish Bhagwati, Columbia University, US Economic research on corruption aims both to isolate the economic effects of quid pro quo deals between agents and third parties, and to suggest how legal and institutional reforms might curb harms and enhance benefits. In this comprehensive Handbook, top scholars in the field provide specially commissioned essays, both theoretical and empirical, exploring both types of research. The Handbook begins with an introductory essay by the editor, followed by two chapters written by leading exponents of cross-country research. However, the focus of the Handbook is on research at the micro level, where policy can be made and evaluated. These microeconomic studies fall into several overlapping categories. The first group includes studies that link corrupt incentives to institutional structures, particularly the organization of the state. The second draws implications from surveys of households or businesses and from controlled experiments. The third concentrates on particular sectors such as education, tax administration, public works, customs services, and pharmaceuticals. Finally, two chapters assess corruption in the transition away from socialism in Europe and Asia.
This interdisciplinary Research Agenda contains state-of-the-art surveys of the field of corruption and points towards an agenda for future research. This comprehensive work covers the main approaches to diagnosing, analysing and measuring corruption, as well as the ways to tackle it. Chapters explore top political and grassroots corruption, buying and stealing votes, corruption in relation to gender and the media, digital anti-corruption and an examination of whistleblowing and market-based tools.
This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.
Corruption in Africa makes a significant contribution to the study of the impacts and eradication of corruption in African societies. John Mukum Mbaku offers a comprehensive analysis of the causes of public malfeasance in African countries and provides a number of practical and effective policy options for change. This book demonstrates the destructive relationship between corruption and the abrogation of economic freedoms and entrepreneurship, a system that has clearly left Africa as one of the most deprived regions in the world. Utilizing the tools of public choice theory, Mbaku emphasizes the important role that institutions have in corruption control and he recommends reconstructive democratic constitutions as the most effective means of development. Until African states provide their people with institutional arrangements that adequately constrain the state and enhance wealth production, the living standards in the continent will continue to deteriorate. Corruption in Africa is a fascinating and informative text that will appeal to those interested in African studies and developmental policies.
In this comparative, historical survey of three East Asian democracies, Jong-sung You explores the correlation between inequality and corruption in the countries of South Korea, Taiwan and the Philippines. Drawing on a wealth of rich empirical research, he illustrates the ways in which economic inequality can undermine democratic accountability, thereby increasing the risk of clientelism and capture. Transcending the scope of corruption research beyond economic growth, this book surveys why some countries, like the Philippines, have failed to curb corruption and develop, whilst others such as South Korea and Taiwan have been more successful. Taking into account factors such as the success and failure of land reform, variations in social structure, and industrial policy, Jong-sung You provides a sound example of how comparative analysis can be employed to identify causal direction and mechanisms in political science.
The United Nations Convention against Corruption includes 71 articles, and takes a notably comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. As a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world, this treaty calls for scholarly study. This volume helps to fill a gap in existing academic literature by providing an invaluable reference work on the Convention. It provides systematic coverage of the treaty, with each chapter discussing the relevant travaux préparatoires, the text of the final article, comparisons with other anti-corruption treaties, and available information about domestic implementing legislation and enforcement. This commentary is designed to serve as a reference work for academics, lawyers, and policy-makers working in the anti-corruption field, and in the fields of transnational criminal law and domestic criminal law. Contributors include anti-corruption experts, scholars, and legal practitioners from around the globe.
This report provides a comparative overview of common standards and key features of specialised anti-corruption institutions and comprehensive descriptions of 19 anti-corruption institutions operating in different parts of the world, presented in a comparable framework.
Bringing together a distinguished cast of contributors, the book provides an authoritative and definitive analysis of the theory, practice and development impact of corruption in Africa. Combating corruption is demonstrated to require greater priority in the quest for African development.