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Janelle Orsi

This chapter describes three principles for organizations to embed in their legal, financial, and governance structures in order to build commons and move beyond the extractive structures of conventional business. “The commons” is emerging as a unifying framework for the creation of sustainable and equitable economies, and organizations everywhere will increasingly ask their lawyers for guidance on how to set up a “commons-based” entity structure. Land trusts, energy cooperatives, water mutuals, worker cooperatives, food cooperatives and housing cooperatives will all require that lawyers approach legal structural design with a mindset that decisively rejects business-as-usual. These principles emerge from practice and are designed to be immediately applicable in any organization.

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Shalanda H. Baker

The battle over the future of net energy metering in the United States is alive and well. Utilities decry the benefits of compensating homeowners for rooftop solar generation, often relying on the argument that net energy metering programs harm low-income populations that lack opportunities to participate in the solar revolution. Thus, the argument goes, the status quo should remain to protect the most vulnerable. Solar advocates, on the other hand, push for a broader analysis of the true benefits of rooftop solar generation to overall grid stability and to reduce carbon emissions. They argue for expanding rooftop solar markets where such markets are available, and urge the modern utility structure to change to foster deeper resiliency. This chapter posits that energy justice lies at the heart of this debate, but it is missing from the discourse. Neither side of the debate advances a comprehensive solution that resolves the vulnerability question while also expanding opportunities for access. The chapter argues that curtailing extensive net energy metering programs without creating authentic opportunities for participation in renewable energy generation by low-income communities deepens inequality and vulnerability. Although the existing community energy programs, as currently contemplated, hold some promise, positioning such initiatives within the current electric utility generation paradigm might actually decrease resiliency in low-income communities. The energy justice frame illuminates several pathways to resolve these potentially contradictory outcomes. This chapter suggests that community energy initiatives, while imperfect, offer an opportunity to locate renewable energy resources within a commons, thereby advancing energy justice and upending the current analytical frame that holds together the net energy metering debate. Community energy programs can address vulnerability by expanding market access to renewable energy generation for low-income communities, obviating the need to maintain the current generation monopoly held by modern utilities. Moreover, if crafted correctly, community energy programs could also address inequality by providing communities an opportunity to generate, own and distribute renewable energy. Finally, transformative community-based energy planning development offers an opportunity to increase resiliency, transform existing economic relationships, reconceptualise the nature of energy, and promote equality.

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Tina Søreide

The graveness of corruption explains why this problem is subject to criminal law regulation. Corruption leads to the violation of other laws, the unfair allocation of benefits, and wastage of resources in both the private and public sector. It distorts both political and administrative decisions, and may undermine what governments seek to achieve. The hidden character of corrupt acts complicates empirical research and makes it difficult to determine the problem’s magnitude. However, the quality of various secondary sources of information has improved over the last decade and so have the methodologies used to investigate the impact of law enforcement strategies. These developments have led to stronger research results on the nature of the problem and what can be done to improve it.
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Corruption and Criminal Justice

Bridging Economic and Legal Perspectives

Tina Søreide

The author addresses the role of criminal justice in anti-corruption by investigating assumptions in the classic law and economics approach and debating the underlying criteria for an efficient criminal justice system. Drawing on real life challenges from the policy world, the book combines insights from the literature with updated knowledge about practical law enforcement constraints. Political and administrative incentive problems, which may hinder the implementation of efficient solutions, are presented and debated.
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Tina Søreide

Economists offer pragmatic solutions for efficient crime deterrence, and this chapter lists solutions that are of particular relevance for corruption—addressing both individual and corporate criminal liability. Economic analyses of incentives for corruption are useful for developing targeted monitoring systems, principles for sentencing, and tools for promoting self-reporting by those involved in the crime. Legal scholars, however, are often skeptical about economic solutions that are developed with the aim of deterrence alone, claiming that moral values are treated simplistically. Efforts to better understand where moral values come from—and what implications this understanding should have for criminal law strategies—are likely to improve collaboration between the disciplines and strengthen the prospects for more efficient enforcement.
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Tina Søreide

The introduction outlines the scope of the book, and describes the problem of corruption, pointing out common criminal law enforcement challenges, and offering better anticorruption solutions by drawing on both legal and economic reasoning. The phenomenon of corruption is described and defined, as are other key concepts, such as what is meant when referring to the criminal justice system, or a country’s integrity mechanisms, and why is it necessary to identify efficiency criteria for criminal law enforcement. Law and economics offer a broad range of tools for controlling corruption; how they are used depends on mutual understanding and collaboration between the disciplines.
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Tina Søreide

The result of law enforcement strategies will critically depend on contextual factors at the national level. Countries find themselves in different ‘law enforcement equilibria’—some societies are far more challenged than others, and while there are criminal justice principles that appear universal, it seems nearly impossible for some governments to get to the stage where these principles are recognized and protected. Reform-friendly governments are also challenged by the presence of ‘international infrastructures’ for corruption—financial secrecy, structures for rapid capital movement, and the opportunity for beneficial owners to hide their identity—all aspects that challenge law enforcers, especially in developing countries. Taking these realities into account, this chapter discusses the challenges and solutions at both the national and international level.
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Tina Søreide

With numerous examples (mostly from Europe), this chapter describes the character of law enforcement failures along the criminal justice value chain—from inadequate law formulation and crime definitions to obstacles in investigation and prosecution, and eventually, criminal law sentencing and further consequences of sanctions. Enforcement challenges can be the result of inadequate organization, insufficient resources, a lack of competence, and a lack of authority. In some settings, however, the problems are the result of corruption within the judiciary itself, a problem to which no country is immune. Self-seeking tendencies (or clear-cut corruption) among elected politicians is another problem impeding law enforcement. This chapter explains how such problems come to light when they occur.
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Tina Søreide

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Tina Søreide

Criminal justice systems are subject to multiple expectations from politicians and society, and for this reason, it is difficult to define cross-cutting efficiency criteria. A narrow efficiency concept, however, easily leads to partial solutions, where progress in one area comes at the cost of other law enforcement objectives. This chapter outlines an efficiency concept in which crime deterrence, fair process, and value for money are all treated as imperative factors, and trade-offs between these aims are addressed. The concept offers a useful perspective on criminal justice difficulties, including how organizations in the private and public sector should be held criminally liable for corruption, and taking into consideration the prosecutor’s position in relation to efficient law enforcement.