False and Reluctant Friends? National Money Laundering Regulation,International Compliance and Non-Cooperative Countries

In the aftermath of September 11th, growing attention has been paid to the role of Non-Cooperative Countries and Territories (NCCT) in money laundering and terrorist financing. The paper, applying the new political economy approach in the law and economics field, provides a model to describe, through the policymaker payoff maximization, the relationships between specific country features and endowments, on the one hand, and lax financial regulations, on the other hand. Given that in the real world relatively lax regulation means a non-cooperative attitude in the international fight against money laundering and terrorist financing we empirically test the above theoretical relationship in the case of the NCCT jurisdictions. The policy consequences on the pros and cons of international blacklisting procedures are discussed.JEL K42, G28     

Found Money? Split-Award Statutes and Settlement of Punitive Damages Cases

We examine the effect of "split-award" statutes (wherein thestate shares a punitive damages award) on equilibrium settlementsand the incentives to go to trial. Splitaward statutes lowersettlement amounts and the likelihood of trial, as both partiesact to cut out the state. We analyze the revenue that split-awardstatutes generate; the revenue-maximizing share is robust tovariations in economic parameters and to whether the state'sshare is gross or net of the plaintiff's attorney's fee. Moreover,these statutes need not deter filings, and their use can encourageplaintiffs' attorneys to pursue weaker cases than would otherwisebe brought.     

Europol and the Policing of International Terrorism: Counter‐Terrorism in a Global Perspective

The European Police Office (Europol) is an international police organization that was formed to promote cooperation among law enforcement agencies in the European Union. Framed within the context of the Treaty of the European Union, Europol’s mandate includes all serious forms of international crime, including international terrorism. This paper offers an analysis of the organization of Europol’s counter‐terrorism operations in the context of the history and dynamics of international police cooperation. More specifically, on the basis of the bureaucratization theory of policing, Europol is reviewed to exemplify the dual forces of political control over the organization via the regulative bodies of the European Union, on the one hand, and the institutional autonomy and professional expertise of participating police agencies, on the other. The outcome of these dual forces can be expected to determine the course and outcome of counter‐terrorist policing in the European Union in years to come.     

Money launderers and tax havens: Two sides of the same coin?

This paper investigates whether tax havens have an incentive to maintain low regulatory standards in order to attract black money activities. Using a new dataset on money laundering regulation, the results of this study show that tax haven and money laundering services coincide within the same country. This effect is especially observable for regulative instruments which increase the probability of detecting money laundering; whereas in the case of punitive regulation for money laundering the complementary relationship is weaker, perhaps due to a “false friends” effect. If we classify tax havens according to their per capita GDP, poorer tax havens in particular tend to supply both services, because the gains from their tax haven status are low compared to those of wealthier and well-established tax havens. From a policy perspective the results add new insights to the debate on the welfare effects of tax havens since the results suggest that poorer tax havens might be reluctant to provide the necessary regulatory environment in order to constrain money laundering. This externality is beyond the familiar tax revenue effects caused by tax havens.     

Terrorism and mental illness: is there a relationship?

This article examines the connections between mental illness and terrorism. Most social scientists have discounted a causal relationship between mental illness and terrorism. This is not necessarily always the case within terrorism studies, the media, or political circles where the psychology of terrorism is often expressed in the language of mentalisms, and theories of pathologisation continue to exist. This article reaffirms the view that apart from certain pathological cases, there is no causal connection between an individual's mental disorder and engagement in terrorist activity. The individual terrorist's motivations can be explained by other factors, including behavioural psychology. However, there may be a connection between an individual engaging in terrorist activity and developing a mental disorder[s]. Certain stressors that occur because of terrorist activity may result in psychological disturbance in terrorist individuals. These factors may partially explain terrorist group instability and should be taken into account when detaining and interrogating terrorist suspects.     

Reinforcing or Challenging Stigma? The Risks and Benefits of ‘Dignity Talk’ in Sex Work Discourse

The concept of ‘human dignity’ sits at the heart of international human rights law and a growing number of national constitutions and yet its meaning is heavily contested and contingent. I aim to supplement the theoretical literature on dignity by providing an empirical study of how the concept is used in the specific context of legal discourse on sex work. I will analyse jurisprudence in which commercial sex was declared as incompatible with human dignity, focussing on the South African Constitutional Court case of S v Jordan and the Indian Supreme Court case of Budhadev Karmaskar v State of West Bengal. I will consider how these courts conceptualise dignity and argue that their conclusions on the undignified nature of sex work are predicated on particular sexual norms that privilege emotional and relational intimacy. In light of the stigma faced by sex workers I will explore how a discourse, proclaiming sex work as beneath human dignity, may impact on the way that sex workers are perceived and represented culturally, arguing that it reinforces stigma. I will go on to examine how sex workers subvert the notion that commercial sex is undignified, and resist stigma, by campaigning for the right to sell sex with dignity. I will demonstrate that an alternative legal approach to dignity and sex work is possible, where the two are not considered as inherently incompatible, concluding with thoughts on the risks and benefits of using ‘dignity talk’ in activism and campaigns for sex work law reform.     

Religious Radicalization and Lone‐Actor Terrorism: A Matter for Psychiatry?

This article discusses the place of the psychiatric field in the ongoing phenomenon of religious radicalization. First, the article provides an overview of the existing literature on lone‐actor terrorists and the link with mental illness. Current research is focusing increasingly on lone‐actor terrorists. This is the most recent and rising development on the global terrorism scene. The literature is currently developing a more precise and informed definition of lone‐actor terrorism. The article then describes and discusses the case study of a mentally ill patient arrested following his assault on a military serviceman on the grounds of religious radicalization. The patient, diagnosed with schizophrenia, is taken as an example of the specific case of religious radicalization in patients with schizophrenia. Finally, the article discusses the curative and preventive roles that can be played by psychiatrists and other professionals who are in contact with these types of patients.     

“A Plague on both Your Houses?”: Risks,Repeats and Reconsiderations of Urban Residential Burglary

Research has shown that mapping techniques are useful in forecasting future crime events. However, the majority of prospective mapping techniques has focused on the event-dependent influence of instigator incidents on subsequent incidents and does not explicitly incorporate the risk heterogeneity of the setting. The study here discussed is a modest attempt to address this issue by using a two-step process: first, using risk terrain modeling, we operationalized the “environmental backcloth,” (the risk heterogeneity of an area) to forecast locations of residential burglaries in the urban city of Newark, New Jersey. Second, using the near repeat calculator, we assessed the variability of underlying risk between different types of residential burglaries. A discussion of the findings and the joint utility of these approaches is provided.     

‘Indirect Method of Proof’ and the Kuwaiti Anti-Money Laundering Law: A Lesson from the UK

Criminal Law Forum - The money laundering offence (ML offence), as established by the Kuwaiti Anti-Money Laundering and Countering Financing of Terrorism Act 106/2013 (“AML/CFT Act”),...     

“Intimate Terrorism” and Gender Differences in Injury of Dating Partners by Male and Female University Students

A version of the partner violence typology developed by Johnson (Journal of Marriage and the Family 57: 283-294, 1995) that more fully reflects the inherently dyadic nature of partner violence is presented, as well as a method of using the Conflict Tactics Scales to identify cases in the typology, including “Intimate Terrorists.” Analysis of 13,877 university student dating relationships found a similar percent of male and female “Intimate Terrorists.” This is consistent with other studies of general populations and reflects inadequacies in Johnson’s methodology. Bidirectional violence, including Intimate Terrorism, was associated with the highest probability of injury, especially for women. The results suggest that programs to reduce partner violence, including reducing violence against women, should address violence and coercive control by both partners.     

Gender and “Other People's Money”: An Analysis of White-Collar Offender Sentencing

Although the female share of white-collar crime arrests (e.g., fraud, forgery, and embezzlement) continues to increase, little is known about the nature of women's involvement in these offenses, or the extent to which the legal treatment of white-collar offenders differs by gender. Using national survey data on employee crime, the present research addresses these voids in the literature. Consistent with prior research, women's roles in fraud offending are restricted by their positions in the organizational hierarchy. In support of the focal concerns perspective, results show that the decision to incarcerate and length of sentence are primarily shaped by indicators of offender blameworthiness. Findings reported here contribute to the literature on gender and white-collar crime, and also extend the growing body of focal concerns research to a previously unexplored sentencing context.     

A God of Vengeance and of Reward? Voters and Accountability

Theories of democratic politics prize congruence between citizens’ preferences and their elected representatives’ actions in office. Elections are a critical means for achieving such policy congruence, providing voters the opportunity to chasten representatives who are out of step with constituent preferences and to reward the faithful. Do voters act this way? Recent studies based on observational data find they do, but these data are somewhat limited. We employ a survey experiment to estimate the extent to which information about policy congruence affects voters’ evaluations of representatives. We informed some subjects how often their member of Congress’s voting decisions match their own stated preferences on the same policies. We find that information about congruence enhances accountability by affecting constituent evaluations of representatives and may also affect citizens’ propensity to participate in upcoming elections.     

Environmental Moisture,Molds, and Asthma—Emerging Fungal Risks in the Context of Climate Change

The trend toward increasing frequency and intensity of storms has exacerbated mold and other moisture-related health problems, and can be extrapolated to the future. Mold growth therefore exhibits increasing significance in the context of changing climate. The decades-old hypothesis of mold causation and/or exacerbation of asthma previously has been deemed unproven, though not rejected. The present investigation assesses the status of this hypothesis within the industrial, regulatory, scientific, medical, and legal communities. To assure accuracy, statements from these communities are quoted. Recent high-level reviews, such as by the National Academy of Sciences Institute of Medicine and the United Nations World Health Organization, have failed to consider literature that was available, and studies postdating NAS IOM and UN WHO reviews have confirmed and augmented available literature. As a result, all nine of the Hill criteria of causation in epidemiology now are satisfied. I conclude that, with exposure of sufficient intensity and duration, some molds can cause asthma and/or exacerbate preexisting asthma, and that the hypothesis indeed has been accorded broad acceptance in the communities considered.     

Big Investment Fraud and “Yakuza Money” Crime — Two Perspectives of Financial Crime in Japan

Financial crime in Japan takes a major toll on both individual victims and the nation’s economy. This paper focuses on large investment frauds that have occurred from post-war Japan to the present as well as financial crimes that involve racketeers of boryokudans, or organized crime groups, more commonly known as yakuza. Major financial offending by organized crime groups include: yamikin (loan sharks), sokaiya (shareholders who extort corporate funds), jiageya (“land sharks” who frighten tenants into vacating properties), and new forms of yakuza money crime that constitute significant challenges to enforcement. The paper concludes that more comprehensive legislation that applies to all forms of investment fraud is needed in order to stem the tide of white-collar crime in Japanese society.     

Situational prevention of terrorism. Remarks from the field of counterterrorism in the Netherlands on Newman and Clarke’s Policing Terrorism

In this paper I shall discuss how criminal investigation might contribute to a situational approach to terrorism. Therefore I discuss Policing Terrorism by Newman and Clarke, and confront it with experiences from work in the field of counterterrorism: criminal investigations at the Dutch National Police Agency (NPA). I demonstrate that Newman and Clarke have too narrow a scope on policing terrorism, in particular when it comes to the role of criminal investigation. They restrict their focus to local police work in the phases immediately before and after a terrorist attack. This is unfortunate because case files show that criminal investigators play a central role in the prevention of terrorism. They intervene in earlier phases of terrorist preparation, target a wider range of terrorist offences than terrorist attacks, and prosecute radicals for their non-terrorist offences. Furthermore, criminal investigations offer insights that might be of help in developing an SCP approach to terrorism.     

Insuring against the Environmental and Other Risks,and Preparing for the Rewards,Associated with the Emergence of Legal Cannabis: Smoking Hot or up in Smoke?

Legal cannabis appears here to stay, whether for medical or recreational purposes. With California facing very serious drought conditions and millions of people seeking legitimate medical relief, effectively managing cannabis-industry risks becomes even more urgent. This article provides an overview of the risks and insurance coverage issues facing this nascent industry, with an emphasis on environmental risks. Many of the identifiable risks are common to virtually all businesses. However, some risks to the environment, including impacts on water quality, energy use, and waste management and disposal, are more specific to the industry. There are unique risks as well, including those posed by the dichotomy between state approval and continuing federal regulation and the resulting impact on obtaining financing or payment of insurance claims. All of these issues require further analysis for purposes of effective risk management, insurance underwriting, and government regulation.