scholarly journals Whistleblower rewards, false reports, and corporate fraud

Author(s):  
Paolo Buccirossi ◽  
Giovanni Immordino ◽  
Giancarlo Spagnolo

AbstractIt is often claimed that rewards for whistleblowers lead to fraudulent reports, but for several US programs this has not been a major problem. We model the interaction between rewards for whistleblowers, sanctions against fraudulent reporting, judicial errors, and standards of proof in the court case on a whistleblower’s allegations and the possible follow-up for fraudulent allegations. Balancing whistleblower rewards, sanctions against fraudulent reports, and courts’ standards of proof is essential for these policies to succeed. When the risk of retaliation is severe, larger rewards are needed and so are tougher sanctions against fraudulent reports. The precision of the legal system must be sufficiently high, hence these programs are not viable in weak institution environments, where protection is imperfect and court precision low, or where sanctions against false reporting are mild.

2017 ◽  
Vol 10 (2) ◽  
pp. 122
Author(s):  
Alaa Mohammad Alfawaer

It is reasonably and logically conceivable that a judge commits a grave judicial error during the undertaking of his or her judicial work, whether related to legal principles, in the performance of his or her judicial duties or in his exercising of jurisdiction. This error is related to his or her civic responsibility, if it has resulted in damages to a member of the opposing party. Despite the importance and seriousness of such mistakes, and its long establishment, Jordanian legislation has not provided for it, and has left it to the general rules. There is no doubt that there are reasons which lead to such errors occurring and, conversely, that there are ways to avoid this error.


2020 ◽  
Vol 13 (2) ◽  
pp. 173-196
Author(s):  
Nina Cek

The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in proof standards by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the EU court's approach on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through a medical expert's help, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems. The question is raised of how introducing such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.


2018 ◽  
Author(s):  
Jessica M. Erickson

Corporate law leaves no stone unturned when it comes to litigating corporate fraud. The legal system has developed a remarkable array of litigation options shareholder derivative suits, securities class actions, SEC enforcement actions, even criminal prosecutions all aimed at preventing the next corporate scandal. Scholars have long assumed that these different lawsuits offer different avenues for deterring the masterminds of corporate fraud yet this assumption has gone untested in the legal literature. This Article aims to fill that gap through the first empirical examination of the broader world of corporate fraud litigation. Analyzing over 700 lawsuits, the study reveals that these lawsuits do not target different types of corporate wrongs. Instead these lawsuits too often target the same alleged misconduct, the same defendants, and the same corporate coffers. The data also demonstrate that certain types of lawsuits consistently outperform others, creating a litigation hierarchy within corporate law. These findings raise critical questions about traditional theories of deterrence, suggesting that more may not always be better when it comes to combating corporate fraud. The Article then brings these empirical insights to bear in developing a new framework for more targeted deterrence of corporate fraud.


Global Jurist ◽  
2015 ◽  
Vol 15 (3) ◽  
Author(s):  
Lina M. Céspedes-Báez ◽  
Rocío del Pilar Peña-Huertas ◽  
Daniel Santiago Cabana González ◽  
Santiago Zuleta-Ríos

AbstractThis article explores the origin of private property in the Colombian legal system. The authors use Supreme Court case law from the twentieth century to analyze in-depth how wastelands (


Focaal ◽  
2006 ◽  
Vol 2006 (48) ◽  
pp. 49-66 ◽  
Author(s):  
Julie Pagis

This article presents a comparative investigation of anti-GMO activism in two regions in France. It shows how activists’ participation in acts of ‘civil disobedience’ was not necessarily motivated by the same reasons or directed toward the same goals. During my ethnographic fieldwork at two trials against activists who destroyed GMO test plots in France I found that although protagonists were in agreement on rejecting GMOs, their deeper motives differed significantly. I draw five socio-biographical portraits of anti-GMO activists and highlight their divergent opinions on their role in the court case, which illustrate how in their utilization of the court activists relate differently to the legal system and society at large. The anti-globalization organization Attac and the farmers’ trade union Con- fédération Paysanne clearly had different relations to politics but I also analyze why in Ariège these differences could be harmonized whereas in Droˆme differences between activists lead to serious divisions. I do so by considering how different local activist cultures are shaped within a competitive organizational arena.


2016 ◽  
Vol 7 (2) ◽  
Author(s):  
WAZIN BAIHAQI

Abstract. Preliminary Study on Fiduciary in Fiqh Contemporary of Islamic Economics Studies. The main purpose of Islamic law is for the benefit of the people. The benefit is measured by the jurisprudence usul doctrine known as al kulliyatul kahms or sharia maqashid. One of the goals of Islamic law is hifdz al-mal (to maintain and guarantee of property ownership). The implementation of economic law to regulate all economic activities should be ensured to give benefits to Muslims. Therefore, Islam provides the rules of muamalah in commercing, leasing, fiduciary, etc. Nowadays, the diversity forms of economic transactions increasing rapidly, one of them is fiduciary. Fiduciary is a form of guarantee that adopted by the legal system of law in Indonesia from Netherlands since the colonial era to the present. Fiduciary guarantee begins popular used as a follow-up agreement on financing transactions; this is because the collateral still handling in the guarantor, also provide the convenience for the guarantor to take the advantage from the collateral. This model almost not discussed in the classical fiqh muamalah although some jurists have discussed about it. As the response of the development of economic transactions, it would need to practice more about the fiduciary in the discourse perspective of Islamic economics law. In order to avoid the Maisir, Gharar, Haram, and Riba in Islamic transactions, therefore, the National Sharia Council (DSN) issued the fatwa Number. 68 /DSN-MUI/III/2008 about the Rahn Tasjily that similar to the fiduciary while still complying with the rules of fiqh muamalah.Abstrak. Ekonomi Islam Dalam Kajian Fiqh Kontemporer Studi Awal Tentang Jaminan Fidusia. Studi Awal Tentang Jaminan Fidusia Dalam Kajian Fiqh Kontemporer Ekonomi Islam. tujuan utama hukum dalam Islam adalah untuk kemaslahatan ummat. kemaslahatan tersebut diukur dengan doktrin ushul fiqh yang dikenal dengan sebutan al kulliyatul kahms atau maqashid syariah. Salah satu tujuan dari hukum Islam adalah hifdz al-mal yaitu memelihara dan menjamin kepemilikan harta benda. Pelaksanaan hukum ekonomi untuk mengatur segala kegiatan ekonomi haruslah dapat dipastikan memberi kemanfaatan bagi ummat Islam. Oleh karena itu, Islam memberikan aturan-aturan dalam muamalah seperti jual beli, sewa-menyewa, gadai dan sebagainya. Kini bentuk transaksi ekonomi semakin beragam, salah satunya adalah bentuk jaminan fidusia. Fidusia merupakan bentuk jaminan yang dipraktekkan di Belanda kemudian diadopsi oleh sistem hukum di Indonesia sejak zaman kolonialisme hingga sekarang. Jaminan fidusia semakin populer digunakan sebagai perjanjian ikutan dalam transaksi pembiayaan, karena barang jaminan tetap dalam penguasaan pemberi jaminan sehingga memberi kemudahan bagi pemberi jaminan untuk memanfaatkan barang jaminan. Model jaminan seperti ini tidak banyak dibahas dalam fiqh muamalah klasik walaupun beberapa fuqaha telah membahasnya. Sebagai respon dari perkembangan transaksi ekonomi, perlu kiranya praktek jaminan fidusia ini diangkat dalam wacana perspektif hukum ekonomi Islam. Dengan pertimbangan kemaslahatan ummat agar terhindar dari transaksi ekonomi yang mengandung Maisir, Gharar, Haram, Riba, dan Bathil. Oleh karena itu, Dewan Syari’ah Nasional (DSN) mengeluarkan fatwa Nomor 68/DSN-MUI/III/2008 tentang rahn tasjily yang memiliki bentuk perjanjaian yang hampir sama dengan jaminan fidusia namun tetap memenuhi kaidah-kaidah fiqh muamalah


ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Elisabetta M. Lanza

AbstractThis paper analyzes the path paved by the Italian Constitutional Court (ICC) in order to reconcile the series of its inconsistent judgments dealing with free trade, right to economic initiative, and freedom of competition. For this purpose, this article aims at investigating the role of the Italian Constitutional Court in the ‘constitutionalization’ of free trade and freedom of competition and at assessing the relationship between European Union policies and the Constitutional Court interpretation thereof.The last decade demonstrates, on the one hand, that the European Union law has influenced the domestic case law and, on the other hand, that, in turn, the European Union legal system has been ‘constitutionalized’ through the introduction of social and constitutional principles deriving from the Member States’ Constitutions.


Author(s):  
Muhammad Al-Fatih ◽  
Mujar Ibnu Syarif ◽  
Abdul Qodir

This study aims to determine the background of the filing of the Constitutional Court case lawsuit Number 30 / PUU-XVI / 2018 and understand the influence of the Constitutional Court decision Number 30 / PUU-XVI / 2018 on the Institutional Council of Regional Representatives. The research method used in this research is juridical normative with a statutory approach, a historical approach, and a conceptual approach obtained from data collection techniques through literature study through the statutory regulatory approach that refers to the 1945 Constitution, the Law, and the Constitutional Court Decisions. related to the theme of the discussion. The results of the study show that the background for filing a lawsuit against the Constitutional Court Decision Number 30 / PUU-XVI / 2018 is that there is no clear meaning to the phrase “other work” in Article 182 letter I of the Election Law that has provided space for political party functionaries as candidate members DPD. In addition to the impact of the decision of the Constitutional Court Number 30 / PUU-XVI / 2018 is the issuance of the Final List of Candidates (DCT) for DPD candidates issued by the General Elections Commission (KPU) as a follow-up to implementing the Constitutional Court Decision in which the KPU has crossed out the candidates. DPD members who still serve as functionaries of political parties.


Author(s):  
Душко Глодић

One of the basic theoretical and practical issues of the Public International Law is the relation of international and municipal law, i.e. the issue of position and effects of international legal acts within a municipal legal order. This issue has been a subject of doctrinal considerations, ever since, and a number of different schools have emerged in that regard. Besides theoretical importance, this issue has obtained considerable practical significance. Within the question of relation of municipal and international legal orders, implementation and effects of treaties have occupied a central place. However, besides the theoretical approach to how this issues should be tackled, concrete normative solutions related to the position of international legal acts within municipal legal order, and the way that this is defined by internal legal acts, particularly national constitutions, require certain attention. The legal position of treaties can be obtained in more details, following analyses of legal practice and case law established in a country. Therefore, the aim of this paper is to examine both theoretical and practical aspects of the position of treaties within the legal system of Bosnia and Herzegovina, bearing in the mind normative approach established by the Constitution as well as the case law of the Constitutional Court of BiH. It is concluded that the Constitution of BiH adopts the monistic system, the ratified treaties can, under certain circumstances defined by the relevant legislation, be directly applicable and treaties, in accordance to the Constitutional Court case law, prevail over national legislation.


1996 ◽  
Vol 21 (01) ◽  
pp. 95-132 ◽  
Author(s):  
Michael L. DeKay

Statements regarding the ratio of erroneous acquittals to erroneous convictions are often thought to have clear implications for standards of proof. For example, Blackstone's comment that “it is better that ten guilty persons escape, than that one innocent suffer’ is believed by many to imply a precise numerical value for proof beyond a reasonable doubt. Specifically, jurors should vote to convict only if they are at least 91 % certain of the defendant's guilt. Unfortunately, the belief that this decision threshold will lead to the desired ratio of judicial errors is simply incorrect. Depending on (a) the accuracy with which juries discriminate between truly innocent and truly guilty defendants and (b) the proportion of defendants who are truly guilty, this probabilistic standard of proof may lead to any ratio of judicial errors, including those favoring conviction of the innocent over acquittal of the guilty. Although standards of proof cannot be equated with error ratios in a simple manner, the problem lies not with probabilistic decision thresholds but with the desire to achieve a certain error ratio.


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