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The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey D. Carson, Izabela Correa
The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey D. Carson, Izabela Correa
Osgoode Legal Studies Research Paper Series
In Brazil’s battle against corruption over the past two decades, there has been significant progress related to systems of oversight and investigation, but very little progress in holding corrupt actors legally accountable for their transgressions. We suggest that until very recently this could be partially explained by the fact that there was institutional multiplicity (i.e. duplication of functions) in oversight and investigative institutions, while at the punishment stage, a single and underperforming institution — the judiciary — exercised monopolistic authority. To circumvent the limits associated with Brazilian courts, the government is increasingly relying on administrative sanctions for corruption. It is …
The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey Carson, Izabela Correa
The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey Carson, Izabela Correa
Osgoode Hall Law Journal
In Brazil’s battle against corruption over the past two decades, there has been significant progress associated with the systems of oversight and investigation but very little progress in holding corrupt actors legally accountable for their transgressions. We suggest that until very recently this could be partially explained by the fact that there was institutional multiplicity (i.e., duplication of functions) in oversight and investigative institutions, while at the punishment stage, a single and underperforming institution—the judiciary—exercised monopolistic authority. To circumvent the limits associated with Brazilian courts, the government is increasingly relying on administrative sanctions for corruption. It is in this context …
The South Of The North: Building On On Critical Approaches To International Law With Lessons From The Fourth World, Amar Bhatia
The South Of The North: Building On On Critical Approaches To International Law With Lessons From The Fourth World, Amar Bhatia
Articles & Book Chapters
As both practice and discipline, international law has been the subject of serious and sustained internal and external critiques since its inception. In fact, the "inception" of international law itself has been the subject of serious and sustained critique for some time now. This debate is of special relevance for Indigenous peoples, most of whom suffer from a double burden in international law, as they are neither Europeans nor dominant political actors within the states whose borders now contain and divide their traditional territories. Apart from the changing role, place, and agency of Indigenous peoples in international law and fora …
Polygamy's Inscrutable Criminal Mischief, Susan G. Drummond
Polygamy's Inscrutable Criminal Mischief, Susan G. Drummond
Osgoode Hall Law Journal
The polygamy charges laid in the settlement of Bountiful, British Columbia, in January 2009, give rise to questions about the particular mischief of the polygamy offence in section 293 of Canada's Criminal Code. This article argues that, as a result of developments within related areas of law, polygamy's mischief under the current wording of the section is virtually inscrutable. When used, this section has principally served as a mechanism to discipline socially and politically marginalized groups. Developments in family law over the last forty years have generated a host of exceptions to the application of the polygamy section, including religious …