Research universities fill a variety of roles within contemporary society (Goldstein et al., 1995). Arguably the most important role has been providing advanced education to a segment of the population so that they have the requisite know-how to enter the professions. A second has been to generate knowledge through research that leads to scientific progress over time and indirectly often leads to productivity growth in the economy. These have been the traditional missions of research universities since their founding in the late nineteenth century.
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Harvey Goldstein, Verena Radinger-Peer and Sabine Sedlacek
Emily I. Nwakpuda and Maryann P. Feldman
In search of additional sources of revenue, universities and colleges have cultivated individual donors to provide support to academic projects and initiatives. Major gifts (of at least $100,000) from private donors are typically lost in an aggregation of all types of philanthropy, rather than being considered as their own separate category. This chapter provides evidence of the contributions of high net worth individuals to university programs, with a focus on donors’ support of scientific research. We have documented 4794 announced major gifts to 835 degree-granting institutions, from 4,381 donors between 1995 and 2004. Major gifts to create scientific research centers are highlighted, because these gifts are rare, understudied, and link individual donors to the economic and regional development associated with these research centers. These considerations are relevant to modern institutions seeking to leverage high net worth donors, as major sources of scientific research and development funding are currently under threat.
Monica Den Boer
Transnational terrorism has become a pressing security topic on the international political agenda. In recent years, several strategies, policies and legal instruments have been developed at national and international level to deal with this issue more effectively. Within the European Union, common strategies and legal instruments were adopted in order to streamline the efforts of national agencies, such as the police and prosecution services. Building on formerly adopted international norms, the EU has developed a preventive approach against terrorism, as well as encouraged professional networking and training of police officers and prosecutors. The challenge remains that several Member States have not fundamentally adapted national counter-terrorism legislation, and that implementation of EU-legislation has been differentiated across the EU. Increasingly however, cross-border counter-terrorism investigations between trusted partners at bilateral and regional level has smoothened. Nevertheless, weaknesses in cross-border information exchange need to be overcome to improve policing and prosecution of terrorism.
Policing cybercrime faces the challenge of determining the authenticity of messages by using judgment, intuition and deductive reasoning. A cybercrime investigation can be seen as composed of a number of discrete yet linked inquiry actions, including active undercover participation, which are directed towards the production of information about how and why crime occurred. Police investigators are concerned with the gathering of evidence leading to the arrest of offenders, as well as the collection and presentation of evidence and testimony for the purpose of obtaining a conviction. Prosecuting cybercrime involves several special considerations: jurisdiction, venue, statute of limitations, and juveniles. In terms of jurisdiction, several courts in the United States have indicated a willingness to assume that a crime took place in or affecting interstate business as long as there is evidence that the defendant used the Internet in connection with the offence.
Rudi Fortson QC
For over a hundred years the UK legislature has enacted a range of measures with the aim of limiting the production, distribution and possession of certain narcotic and psychotropic substances to specified medicinal, scientific, research and industrial purposes. Many of those measures exist within the criminal law sphere. Their combined effect is to create a complex regulatory regime that is enforced by way of a set of law-enforcement ‘tools’ (such as border controls, stop-and-search, intelligence gathering and ‘sting’ operations) as well as by the threat or imposition of coercive penal sanctions (and asset recovery) for non-compliance. UK notions of the supremacy of Parliament and sovereignty ensure that most of its ‘drug laws’ are created under domestic legislation that nevertheless meets the UK’s international obligations to pursue a global strategy to restrict actions, with respect of drugs, to the purposes mentioned above, and to recover the proceeds of unlawful drug trafficking and money laundering. The UK regulatory regime is one of the strictest in the world but its enforcement can be (and often is) tempered by the exercise of administrative, prosecutorial and judicial discretion.
Kenneth Polk and Duncan Chappell
Previously the authors, along with others, have attempted to address the problem of the fit of the illicit traffic in antiquities into the patterns of what has been termed ‘organised crime’. In our first approach to this task in 2011 three case studies, drawn respectively from Italy, the United Kingdom and Cambodia, were used to explore the appropriateness of this term being attached to the activities involved. We concluded then that it was an appropriate use for a number of reasons. In this current and fresh analysis of this topic, conducted almost a decade later, we refer in particular to a further case study allegedly involving massive targeted looting and marketing of antiquities from sites in India and elsewhere in the South Asia region. We conclude that while there remains strong evidence that the trade in plundered antiquities continues to match the characteristic descriptions of organised crime, there has been a profound and continuing shift in its focus and concentration from Europe and North America to the Asian region in general, and China and India in particular. Further, the Internet has caused a shift in the nature of the antiquities market from a low-volume, high-value trading model towards more of a high-volume, low-value one.
Human trafficking is a complex crime that involves a sophisticated criminal network, requiring authorities to embrace equally sophisticated responses. This chapter reflects on the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (‘Trafficking Protocol’), supplementing the United Nations Convention against Transnational Organized Crime. Specifically, it analyses three directives outlined within the Protocol to support policing and prosecutions critical to achieving general deterrence: sharing information among relevant agencies; law enforcement and prosecution training; and the development and adoption of modern legislation to enable prosecution. The chapter concludes that despite having well-structured information-sharing channels, training mechanisms and supports in place, and extensive international legal frameworks, the continuation of human trafficking implies the application of these measures is insufficient to achieve general deterrence of traffickers.
Maria João Guia
European countries have not harmonised immigration policy in the same way as the financial framework and other areas. In fact, immigrants had been welcomed since the establishment of the Council of Europe, accepting all kinds of work and constituting the labour force necessary for the reconstruction of the post-World-War-II European nations. Later, with the creation of the European Union and Schengen Area, following the framework decisions and directives adopted on the basis of qualified majority, immigration became subject to regulation. Nonetheless, some Member States have not implemented harsh criminal measures towards irregular immigration despite their obligation to transpose EU measures, such as those envisaged in the Returns Directive, into domestic laws. The divergence between harsher European measures and softer domestic attitudes, such as those in Portugal, turns immigration policy into a paradigmatic example of how law in action differs across EU Member States.
Simon NM Young
How well are countries doing in policing and prosecuting the crime of money laundering? There are over 190 jurisdictions committed to the Financial Action Task Force (FATF)’s 40 Recommendations on anti-money laundering. The recommendations mandate various measures for the effective criminal enforcement of money laundering and confiscation of criminal property. In 2013, the FATF developed a new methodology for the mutual evaluation of jurisdictions, assessing not only compliance with the 40 recommendations but also effectiveness in realising 11 immediate outcomes. Of the first 48 jurisdictions evaluated under the new methodology from 2013 to 2018, it was found that most of them had a high degree of technical compliance with the policing and prosecution recommendations. However, most jurisdictions showed low or moderate effectiveness in realising policing and prosecution outcomes. This study examines the reasons for the disparity in compliance and effectiveness and reflects on the future of FATF mutual evaluations.
The chapter focuses on cross-border law enforcement and resulting prosecutions to counter transnational crime in the light of international, regional and bilateral legal frameworks. Some of the practices outlined in this chapter are authorised by international and transnational treaties and agreements, others are the result of longstanding practice and historical evolution in border regions. Most of these formal (treaties and agreements) and informal (non-binding arrangements) practices have arisen from a common cross-border crime problem. Others are the result of membership in a particular multinational group, such as the European Union (EU), offering possibilities for advanced multilateral common practices, such as the establishment of Joint Investigation Teams under EU legislation. The first three parts of the chapter give examples of cooperation under the three different types of frameworks. The fourth part looks critically at some case studies and specific problem areas. Before concluding, case law will be critically assessed with regard to the judicial application of transnational policing provisions in national contexts.