Corruption,human-rights violation,and the interface with violence in the Niger Delta

This article examines the interdependence between corruption, violations of human rights, and conflict in the Niger Delta. It is argued that corruption-induced violations have triggered conflicts that have become cyclical. The article sets out a theoretical context against which to examine the interface between corruption, human-rights violation, and conflict in the Delta, and calls for the integration of the fight against corruption into the peace-building process in the Niger Delta.     

Prevention of money laundering and the role of asset recovery

The purpose of this paper is to examine the increasing emphasis of the UK anti-money laundering (AML) legislative framework, on the financial arrangements of criminals. Our qualitative study engaged key stakeholders from the AML environment through a series of focus groups. This included law enforcement; accountants; prosecutors; bankers and, importantly, ex-offenders. We argue that the inclusion of the views of a traditionally hard to reach group of ex-offenders, adds significantly to knowledge and understanding about effectiveness of AML. The research findings suggest that, at first glance, the focus on asset recovery has been successful. However, our respondents shared with us areas of tension and inconsistencies in application of the law, in particular between police and the courts. For example, whether it was better to prosecute the predicate offence  separately or in addition to the offence of money laundering; or whether to pursue criminal or civil recovery. We further find that criminals have been able to use their knowledge to circumvent the system, suggesting that greater effort is needed to promote cooperation, rather than competition, in successfully detecting and prosecuting offenders.     

The Responsibility Gap in Corporate Crime

In many cases of criminality within large corporations, senior management does not commit the operative offense—or conspire or assist in it—but nonetheless bears serious responsibility for the crime. That responsibility can derive from, among other things, management’s role in cultivating corporate culture, in failing to police effectively within the firm, and in accepting lavish compensation for taking the firm’s reins. Criminal law does not include any doctrinal means for transposing that form of responsibility into punishment. Arguments for expanding doctrine—including broadening of the presently narrow “responsible corporate officer” doctrine—so as to authorize such punishment do not fare well under the justificatory demands of criminal law theory. The principal obstacle to such arguments is the large industrial corporation itself, which necessarily entails kinds and degrees of delegation and risk-taking that do not fit well with settled concepts about mens rea and omission liability. Even the most egregious and harmful management failures must be addressed through design and regulation of the corporation rather than imposition of individual criminal liability.     

Survey Research and Social Class in Venezuela: Evaluating Alternative Measures and Their Impact on Assessments of Class Voting

The ascendance of the left in Latin America has sparked new interest in the politicization of social class. What factors should scholars consider in choosing and constructing measures of social class in survey research? To what degree can measurement affect results? This article evaluates several common measures in terms of validity and reliability. It then shows that alternative measures produce strikingly different results when examining class voting in Venezuela's 2006 presidential election. Simple measures of household income or wealth, which fare poorly in validity assessment, suggest minimal levels of class voting. Various socioeconomic scales that also incorporate data on education and, in some cases, weights for household composition, suggest very high levels of class voting. The article provides guidelines for evaluating measures and illuminates the debate on class voting in Venezuela. Scholars have reached contradictory conclusions while using different measures, but the decisive role of measurement has gone unrecognized.     

The Effect of Fiscal Decentralization on the Financial Condition of Municipal Government

This study examines the effect of fiscal decentralization between states and their local governments on the financial condition of municipal governments. There are strong theoretical arguments on both sides of the federalism debate about the benefits for and against decentralization. Most of the research in this area investigates economic and social welfare consequences of fiscal decentralization. There is limited research, however, on the effects of fiscal decentralization on the financial health of local governments. Using data from the nation’s 150 largest cities, this study finds that intrastate fiscal decentralization results in weaker financial condition for municipalities in those states.     

Lowering the Bar: Privileged Court Filings as Substitutes for Press Releases in the Court of Public Opinion

In the civil lawsuit against Kobe Bryant for sexual assault, the judge admonished lawyers for engaging in “public relations litigation”—the use of pleadings to attract media attention and try cases in the court of public opinion. This article examines the legal ramifications of such practices and the doctrines of law that encourage some lawyers and litigants to use pleadings as a form of press release. These include the law of republication and the fair report and judicial privileges as well as the power of judges to gag trial participants. The article concludes that courts have adequate tools to control such practices, and lawyers and public relations professionals can responsibly use court documents to communicate with the public, so long as they do not abuse the judicial process.     

Trends in teaching public administration: a view from the proceedings of the national conferences on teaching public administration

This article identifies trends in research on teaching public administration. Topics receiving substantial amounts of attention within years, within multiple years, and across time are identified. Cumulation of research on certain topics is identified. This study is based on data from the Proceedings of the National Conferences on Teaching Public Administration between 1978 and 1989.