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Cruel and Unusual: The Culture of Punishment in America
by Dr. Anne-Marie CusacThe statistics are startling. Since 1973, America’s imprisonment rate has multiplied over five times to become the highest in the world. More than two million inmates reside in state and federal prisons. What does this say about our attitudes toward criminals and punishment? What does it say about us?This book explores the cultural evolution of punishment practices in the United States. Anne-Marie Cusac first looks at punishment in the nation’s early days, when Americans repudiated Old World cruelty toward criminals and emphasized rehabilitation over retribution. This attitude persisted for some 200 years, but in recent decades we have abandoned it, Cusac shows. She discusses the dramatic rise in the use of torture and restraint, corporal and capital punishment, and punitive physical pain. And she links this new climate of punishment to shifts in other aspects of American culture, including changes in dominant religious beliefs, child-rearing practices, politics, television shows, movies, and more.America now punishes harder and longer and with methods we would have rejected as cruel and unusual not long ago. These changes are profound, their impact affects all our lives, and we have yet to understand the full consequences.
Cruel and Unusual Punishment: Rights and Liberties under the Law (America's Freedoms)
by Joseph A. Melusky Keith A. PestoIn one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue.The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment."Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.
Cruel Deeds: A sharp, pacy and twist-filled thriller
by Catherine Kirwan'A propulsive mystery that feels both fresh and assured' Catherine Ryan Howard'A clever twisty tale that feels completely authentic, Catherine Kirwan is onto another winner' Jane Casey'Atmospheric and intriguing with a brilliantly relatable heroine and an explosive, gripping conclusion, nothing in Cruel Deeds is quite as it seems.' Sam Blake'Thrilling ... a page turning read' Patricia GibneyA SUCCESSFUL LAWYER IS FOUND MURDERED - WHAT WAS SHE HIDING?Finn Fitzpatrick and Mandy Breslin work at the same law firm but move in very different circles. Mandy is a member of the privileged senior partners' clique. Finn keeps to herself.When Mandy's body is found at an abandoned house, everyone at the firm is left reeling - but the partners move fast. If Mandy was involved in something that got her killed, they want to be the first to know.As Finn investigates Mandy's work, she finds herself drawn deeper into her dead colleague's life, and soon discovers that Mandy wasn't the only one with secrets. Will uncovering this web of lies put Finn at risk too? And who can she turn to when she can't trust anyone?'Pacy, twisty and ingeniously plotted ... a real page-turner' T.M. Logan'Money and greed, office gossip and secret affairs; twisty and pacy' Andrea Mara'Pacy, gripping and atmospheric ... a cracking read!' Andrea Carter
Cruel, Inhuman or Degrading Treatment?: Benefit Sanctions in the UK (Palgrave Socio-Legal Studies)
by Michael AdlerThis book subjects the hidden phenomenon of benefit sanctions in the UK to sustained examination and critique. It examines the relationship between benefit sanctions and conditionality, shows how benefit sanctions have developed in the UK over the last 100 years, compares benefit sanctions in the UK first with benefit sanctions in other countries and secondly with other administrative penalties and court fines. These comparisons indicate that benefit sanctions are not only unusually harsh and cause real hardship but are also, in many important respects, incompatible with administrative justice and the rule of law. This book assesses the problems of punishment outside the courts, where few of the usual safeguards associated with punishment in the courts apply, and concludes by considering both what could be done about benefit sanctions and whether anything is likely to be done as long as work is prioritised over welfare.
Cruel, Inhuman or Degrading Treatment?: Benefit Sanctions in the UK (Palgrave Socio-Legal Studies)
by Michael AdlerThis book subjects the hidden phenomenon of benefit sanctions in the UK to sustained examination and critique. It examines the relationship between benefit sanctions and conditionality, shows how benefit sanctions have developed in the UK over the last 100 years, compares benefit sanctions in the UK first with benefit sanctions in other countries and secondly with other administrative penalties and court fines. These comparisons indicate that benefit sanctions are not only unusually harsh and cause real hardship but are also, in many important respects, incompatible with administrative justice and the rule of law. This book assesses the problems of punishment outside the courts, where few of the usual safeguards associated with punishment in the courts apply, and concludes by considering both what could be done about benefit sanctions and whether anything is likely to be done as long as work is prioritised over welfare.
Cruelty: A Book About Us
by Maggie ScheinCruelty is such a ubiquitous and at the same time disturbing phenomenon that we take for granted that we understand what it is, and how it impacts the ways in which we think about our humanity as a moral condition—how we understand our moral significance. Cruelty: A Book About Us offers an accessible interrogation of cruelty and humanity, and, most critically, it provides a groundwork for us to raise questions collectively; it is an invitation for us all to join in the dialogue. Through academic studies, literary works, and’ personal stories and observations, this book provokes deeper insights into why cruel acts trouble our usual ways of articulating and addressing wrongness. Mining interdisciplinary sources, it excavates what we may not know we don't know and guides us in conversations about this profoundly evocative and often uneasy subject.
Cruelty to Animals: The Moral Debt
by Les BrownThis and the author's three previous books, are interrelated in their notions of practical morality and education, and the common conclusion focuses not on moral delinquency or intractability, but rather on the human capacity for improvement through appropriate education.
Cruise Business Development: Safety, Product Design and Human Capital
by Alexis PapathanassisThis book addresses innovation management and product development in the cruise tourism industry. It explains how experience management has evolved from a strictly company-level, product- or service-focused tactical task to an industry-wide strategic challenge, and analyses the role of intangible reputational aspects of cruise experiences, as well as peripheral components and stakeholders, as increasingly important factors for customer acquisition and retention. Safety and risk issues are a central theme, as well as the cruise sector’s environmental and socio-economic impacts. Lastly, the book considers the increasing size of cruise vessels and the accompanying standardisation of facilities and itineraries, in conjunction with the hybridisation of cruise passengers in connection with expanding the competitive boundaries and intensity of competition in the cruise sector. The book approaches these issues as more than a mere public relations campaign, recognising the fact that they have since become the very essence of strategic cruise business development.
Cruise Tourism and Society: A Socio-economic Perspective
by Alexis Papathanassis, Tihomir Lukovic and Michael VogelThe growth and increased popularity of cruises is accompanied by a number of sustainability issues concerning the environment, the port economies and societies; on board and at shore. The sustainability imperative ultimately leads to operational, economical as well as image-related challenges for the sector's decision-makers and stakeholders. This collection of peer-reviewed papers, presented during the 3rd International Cruise Conference (Dubrovnik, Croatia), seeks to address those issues and contribute to their management in the mid-term.
Cruising for Conspirators: How a New Orleans DA Prosecuted the Kennedy Assassination as a Sex Crime (Boundless South)
by Alecia P. LongNew Orleans district attorney Jim Garrison's decision to arrest Clay Shaw on March 1, 1967, set off a chain of events that culminated in the only prosecution undertaken in the assassination of John F. Kennedy. In the decades since Garrison captured headlines with this high-profile legal spectacle, historians, conspiracy advocates, and Hollywood directors alike have fixated on how a New Orleans–based assassination conspiracy might have worked. Cruising for Conspirators settles the debate for good, conclusively showing that the Shaw prosecution was not based in fact but was a product of the criminal justice system's long-standing preoccupation with homosexuality. Tapping into the public's willingness to take seriously conspiratorial explanations of the Kennedy assassination, Garrison drew on the copious files the New Orleans police had accumulated as they surveilled, harassed, and arrested increasingly large numbers of gay men in the early 1960s. He blended unfounded accusations with homophobia to produce a salacious story of a New Orleans-based scheme to assassinate JFK that would become a national phenomenon. At once a dramatic courtroom narrative and a deeper meditation on the enduring power of homophobia, Cruising for Conspirators shows how the same dynamics that promoted Garrison's unjust prosecution continue to inform conspiratorial thinking to this day.
Crusade against Drink in Victorian England
by Lilian Lewis ShimanDrink, 'the curse of Britain', was sweeping the land, or so it seemed to many Englishmen in the early decades of the nineteenth century. They held it responsible for crime, poverty and many other ills of the rapidly industrializing towns. A 'moderation' temperance reform organized in 1829 largely under middle class auspices soon gave way to a radical commitment to total abstinence in a great variety of worker self-help groups. When these too failed to change the drinking habits of most Englishmen the temperance movement sought new alliances. In the 1870s and 1880s Gospel Temperance married temperance to revivalist religion. It received the support of both established and non-conformist churches, and millions 'took the pledge'. But many did not; and as religious enthusiasm faded the anti-drink forces shifted their attention to the political arena. After successfully pressuring the Liberal Party to adopt limited prohibition, they mounted a great but unsuccessful campaign in the 1895 election. With this defeat the anti-drink crusade disintegrated, leaving the dedicated teetotallers socially isolated in the safe haven of their drink-free subculture.
Crypto-Finance, Law and Regulation: Governing an Emerging Ecosystem (Routledge Research in Finance and Banking Law)
by Joseph LeeCrypto-Finance, Law and Regulation investigates whether crypto-finance will cause a paradigm shift in regulation from a centralised model to a model based on distributed consensus. This book explores the emergence of a decentralised and disintermediated crypto-market and investigates the way in which it can transform the financial markets. It examines three components of the financial market – technology, finance, and the law – and shows how their interrelationship dictates the structure of a crypto-market. It focuses on regulators’ enforcement policies and their jurisdiction over crypto-finance operators and participants. The book also discusses the latest developments in crypto-finance, and the advantages and disadvantages of crypto-currency as an alternative payment product. It also investigates how such a decentralised crypto-finance system can provide access to finance, promote a shared economy, and allow access to justice. By exploring the law, regulation and governance of crypto-finance from a national, regional and global viewpoint, the book provides a fascinating and comprehensive overview of this important topic and will appeal to students, scholars and practitioners interested in regulation, finance and the law.
Crypto-Finance, Law and Regulation: Governing an Emerging Ecosystem (Routledge Research in Finance and Banking Law)
by Joseph LeeCrypto-Finance, Law and Regulation investigates whether crypto-finance will cause a paradigm shift in regulation from a centralised model to a model based on distributed consensus. This book explores the emergence of a decentralised and disintermediated crypto-market and investigates the way in which it can transform the financial markets. It examines three components of the financial market – technology, finance, and the law – and shows how their interrelationship dictates the structure of a crypto-market. It focuses on regulators’ enforcement policies and their jurisdiction over crypto-finance operators and participants. The book also discusses the latest developments in crypto-finance, and the advantages and disadvantages of crypto-currency as an alternative payment product. It also investigates how such a decentralised crypto-finance system can provide access to finance, promote a shared economy, and allow access to justice. By exploring the law, regulation and governance of crypto-finance from a national, regional and global viewpoint, the book provides a fascinating and comprehensive overview of this important topic and will appeal to students, scholars and practitioners interested in regulation, finance and the law.
Cryptoassets: Legal, Regulatory, and Monetary Perspectives
Cryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.
CRYPTOASSETS C: Legal, Regulatory, and Monetary Perspectives
by Chris BrummerCryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.
Cryptocurrencies and Cryptoassets: Regulatory and Legal Issues
by Andrew Haynes Peter YeohThis book examines the legal and regulatory aspects of cryptocurrency and blockchain and the emerging practical issues that these issues involve. The analysis covers a range of advanced economies across the world, in America, Europe and Asia. The book describes, explains and analyses the nature of cryptocurrencies and the blockchain systems they are constructed on in these major world economies and considers relevant law and regulation and their shortcomings. It will be of use and interest to academics, lawyers, regulators and anyone involved with cryptocurrencies and blockchain.
Cryptocurrencies and Cryptoassets: Regulatory and Legal Issues
by Andrew Haynes Peter YeohThis book examines the legal and regulatory aspects of cryptocurrency and blockchain and the emerging practical issues that these issues involve. The analysis covers a range of advanced economies across the world, in America, Europe and Asia. The book describes, explains and analyses the nature of cryptocurrencies and the blockchain systems they are constructed on in these major world economies and considers relevant law and regulation and their shortcomings. It will be of use and interest to academics, lawyers, regulators and anyone involved with cryptocurrencies and blockchain.
Cryptocurrencies and the Regulatory Challenge (Routledge Research in the Law of Emerging Technologies)
by Allan C. HutchinsonAs a social process that places great stock in its stability and predictability, law does not deal easily or well with change. In a modern world that is in a constant and rapid state of flux, law is being placed under considerable stress in its efforts to fulfill its task as a primary regulator of social and economic behaviour. This challenge is particularly acute in the realm of technology and its profound ramifications for social and economic behaviour. The innovative Techno-Age not only offers fresh ways of handling old problems, but also throws up entirely new problems; traditional ways of thinking about and responding to these old and new problems and their optimal resolution are no longer as tenable as many once thought. One such example is the burgeoning world of cryptocurrencies – this peer-to-peer digital network presents a profound challenge to the status quo of the financial services sector, to the established modes of state-backed fiat currency, and to the regulatory authority and reach of law. Taken together, these related challenges demand the urgent attention of jurists, lawyers and law reformers. It is the future and relevance of legal regulation as much as cryptocurrency that is at stake. This book proposes an approach to regulating cryptocurrency that recognises and retains its innovative and transformative potential, but also identifies and deals with some of its less appealing qualities and implications.
Cryptocurrencies and the Regulatory Challenge (Routledge Research in the Law of Emerging Technologies)
by Allan C. HutchinsonAs a social process that places great stock in its stability and predictability, law does not deal easily or well with change. In a modern world that is in a constant and rapid state of flux, law is being placed under considerable stress in its efforts to fulfill its task as a primary regulator of social and economic behaviour. This challenge is particularly acute in the realm of technology and its profound ramifications for social and economic behaviour. The innovative Techno-Age not only offers fresh ways of handling old problems, but also throws up entirely new problems; traditional ways of thinking about and responding to these old and new problems and their optimal resolution are no longer as tenable as many once thought. One such example is the burgeoning world of cryptocurrencies – this peer-to-peer digital network presents a profound challenge to the status quo of the financial services sector, to the established modes of state-backed fiat currency, and to the regulatory authority and reach of law. Taken together, these related challenges demand the urgent attention of jurists, lawyers and law reformers. It is the future and relevance of legal regulation as much as cryptocurrency that is at stake. This book proposes an approach to regulating cryptocurrency that recognises and retains its innovative and transformative potential, but also identifies and deals with some of its less appealing qualities and implications.
Cryptocurrencies in Public and Private Law
by Sarah Green David FoxThis book examines how cryptocurrencies based on blockchain technologies fit into existing general law categories of public and private law. The book takes the common law systems of the United Kingdom as the centre of its study but extends beyond the UK to show how cryptocurrencies would be accommodated in some Western European and East Asian legal systems outside the common law tradition. By investigating traditional conceptions of money in public law and private law the work examines the difficulties of fitting cryptocurrencies within those approaches and models. Fundamental questions regarding issues of ownership, transfer, conflict of laws, and taxation are addressed with a view to equipping the reader with the tools to answer common transactional questions about cryptocurrencies. The international contributor team uses the common law systems of the United Kingdom as a basis for the analysis, but also looks comparatively to other systems across the wider common law and civil law world to provide detailed examination of the legal problems encountered.
Cryptocurrencies in Public and Private Law
This book examines how cryptocurrencies based on blockchain technologies fit into existing general law categories of public and private law. The book takes the common law systems of the United Kingdom as the centre of its study but extends beyond the UK to show how cryptocurrencies would be accommodated in some Western European and East Asian legal systems outside the common law tradition. By investigating traditional conceptions of money in public law and private law the work examines the difficulties of fitting cryptocurrencies within those approaches and models. Fundamental questions regarding issues of ownership, transfer, conflict of laws, and taxation are addressed with a view to equipping the reader with the tools to answer common transactional questions about cryptocurrencies. The international contributor team uses the common law systems of the United Kingdom as a basis for the analysis, but also looks comparatively to other systems across the wider common law and civil law world to provide detailed examination of the legal problems encountered.
The Cryptocurrency and Digital Asset Fraud Casebook, Volume II: DeFi, NFTs, DAOs, Meme Coins, and Other Digital Asset Hacks
by Jason ScharfmanCryptocurrencies and digital assets have continued to gain widespread acceptance from both retail and institutional investors. As part of this continued growth, there has been an unfortunate series of ongoing and increasingly sophisticated frauds, Ponzi schemes, and hacks that have cost investors billions of dollars. Since the publication of the original Cryptocurrency and Digital Asset Fraud Casebook, conservative estimates indicate that there have been thousands of new digital asset fraud cases that have contributed to billions in broadening losses in space. Beyond the digital asset space, cryptocurrency-related scams also continue to present increasingly meaningful threats to traditional finance institutions, the global economy, and national security, as well. These new challenges, combined with the ongoing evolving regulatory environment for digital assets, create an environment where there is a continued need for the up-to-date information and analysis of real-world case studies. It includes an up-to-date analysis of recent case studies in cryptocurrency and digital asset fraud alongside an analysis of recent decentralized finance (DeFi) hacks, smart contract attacks, and rug pulls. This book reviews the impact of digital asset bankruptcies, the FTX fraud, and the industry-wide post-FTX fallout on the growth of cryptocurrency fraud. It also examines the explosive growth of cryptocurrency romance scams, pig butchering, and related organized crime money laundering efforts and includes a related exclusive case study. Offering an in-depth examination of digital asset frauds in the gaming, metaverse, and NFT spaces, it also covers Decentralized Autonomous Organization (DAO) fraud, smart contract attacks, dApp scams, crypto asset manager investment fraud, mining fraud, honeypots, meme coins, and artificial intelligence-based digital asset fraud. Leveraging the author’s experience analyzing and implementing compliance and operations best practices with a variety of cryptocurrency and digital asset projects and consulting with international regulators on blockchain and digital asset policy, this book will be of interest to those working throughout the cryptocurrency and digital asset space including Web 3.0 builders and service providers including lawyers, auditors, blockchain infrastructure, regulators, governments, retail investors, and institutional investors.
Cryptocurrency Regulation: A Primer
by Jerry W. MarkhamThis incisive and thought-provoking book examines the regulation of cryptocurrency trading by state and federal financial services regulators in the US, in order to understand why these statutes proved to be ineffective in regulating this new asset class. It further analyzes and evaluates pending proposals in Congress for more effective cryptocurrency regulation. Providing a sector-by-sector exploration of the financial services industry, the book delves into the Securities and Exchange Commission’s (SEC) efforts to regulate cryptocurrencies, highlighting the flaws in its jurisdictional claims, as well as the exclusion of “actual delivery” contracts from Commodity Futures Trading Commission (CFTC) jurisdiction and how this applies to cryptocurrencies. The chapters chart the invention and rise of cryptocurrencies, fluctuations in the cryptocurrency market, and the regulation of cryptocurrencies under banking laws, the Federal Securities Laws, and as ‘commodities’. In addition, it reviews the application of banking and money transmitter regulations to cryptocurrency trading platforms and proposes a bespoke regulator structure for cryptocurrencies. Cryptocurrency Regulation: A Primer is an essential resource for students and scholars of economics, finance and banking law, and internet and technology law. It will also be beneficial for financial services professionals, regulators, and members of the financial press.
Cryptocurrency Regulation: A Reflexive Law Approach (Studies in Modern Law and Policy)
by Immaculate Dadiso Motsi-OmoijiadeThis work argues that current cryptocurrency regulation, particularly in the areas of enforcement and compliance, is inadequate. It proposes reflexive regulation as an alternative approach. This book provides strategies for a reflexive regulation approach to cryptocurrencies, developed through the identification of the internal self-regulatory mechanisms of the cryptocurrency system. Apportioning blame for current problems to the regulators’ failure to take into account the inherent technical features of cryptocurrencies, the work promotes reflexive regulation in which the law acts at a subsystem-specific level to install, correct, and redefine democratic self-regulatory mechanisms. It provides strategies for this approach, developed through the identification of the internal self-regulatory mechanisms of the cryptocurrency system. These are identified as imbedded in the technical functionality of computer code and consensus-based distributive governance mechanisms respectively. In addition to providing a technical, historical and legal overview of cryptocurrencies, the book concludes by providing recommendations aimed at redirecting code and consensus towards achieving regulatory goals. In this way, it draws from the theory of reflexive law, in order to provide both a substantive and jurisprudential perspective on the regulation of cryptocurrencies and to illustrate how Financial Technology (Fintech) regulation can only be effective once regulators consider both the ‘Fin’ and the ‘tech’ in their regulatory approaches. The book will be of interest to researchers, academics and policy-makers working in the areas of Financial Regulation and Jurisprudence, Financial Crime, Banking Regulation, Information Systems, and Information Technology.
Cryptocurrency Regulation: A Reflexive Law Approach (Studies in Modern Law and Policy)
by Immaculate Dadiso Motsi-OmoijiadeThis work argues that current cryptocurrency regulation, particularly in the areas of enforcement and compliance, is inadequate. It proposes reflexive regulation as an alternative approach. This book provides strategies for a reflexive regulation approach to cryptocurrencies, developed through the identification of the internal self-regulatory mechanisms of the cryptocurrency system. Apportioning blame for current problems to the regulators’ failure to take into account the inherent technical features of cryptocurrencies, the work promotes reflexive regulation in which the law acts at a subsystem-specific level to install, correct, and redefine democratic self-regulatory mechanisms. It provides strategies for this approach, developed through the identification of the internal self-regulatory mechanisms of the cryptocurrency system. These are identified as imbedded in the technical functionality of computer code and consensus-based distributive governance mechanisms respectively. In addition to providing a technical, historical and legal overview of cryptocurrencies, the book concludes by providing recommendations aimed at redirecting code and consensus towards achieving regulatory goals. In this way, it draws from the theory of reflexive law, in order to provide both a substantive and jurisprudential perspective on the regulation of cryptocurrencies and to illustrate how Financial Technology (Fintech) regulation can only be effective once regulators consider both the ‘Fin’ and the ‘tech’ in their regulatory approaches. The book will be of interest to researchers, academics and policy-makers working in the areas of Financial Regulation and Jurisprudence, Financial Crime, Banking Regulation, Information Systems, and Information Technology.