A book that will challenge conventional wisdom among readers who intuitively believe that corporations often game the system.
The federal prosecutor for the massive Enron investigation examines why corporations and their executives rarely face criminal charges, no matter how widespread their hurtful conduct.
Buell (Law/Duke Univ.), who seeks to explain the system of law to nonlawyers, opens his extended essay with the example of a young man dying in the crash of an automobile driven by his fiancee. A Texas prosecutor charged her with manslaughter after learning she had ingested medication the previous night and perhaps should not have been driving. Beset with emotional agony, the driver pled guilty. Ten years later, everybody involved in the apparent crime learned that the fatal crash had been caused by General Motors, which had equipped the car with a defective mechanical starter. Many people would make the conclusion that GM killed the front-seat passenger. It’s a fair enough conclusion, writes Buell, but where does it lead? Can an inanimate corporation be imprisoned for homicide or other criminal offenses? If prosecutors want to build a criminal case against any employee, how would it be possible to prove culpability beyond a reasonable doubt? Readers who believe corporations and their employees should be charged with criminal conduct will find Buell's teaching instructive—and frustrating—on nearly every page. He offers numerous examples of how the traditions and procedures of the American court system lead to the inexorable conclusion that corporate managers will almost never end up in prison. Almost every case of corporate wrongdoing, including by financial institutions in the housing market crash of 2007 and 2008, turns out to be hopelessly vexing if a prosecutor wants to imprison a human being. Buell considers changes in the laws that Congress could approve, but he worries that proposed changes would result in unfair proceedings, thus compromising the rule of law.
A book that will challenge conventional wisdom among readers who intuitively believe that corporations often game the system.Pub Date: Aug. 16, 2016
ISBN: 978-0-393-24783-1
Page Count: 352
Publisher: Norton
Review Posted Online: May 2, 2016
Kirkus Reviews Issue: May 15, 2016
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.
Greed, depravity, and serial murder in 1920s Oklahoma.
During that time, enrolled members of the Osage Indian nation were among the wealthiest people per capita in the world. The rich oil fields beneath their reservation brought millions of dollars into the tribe annually, distributed to tribal members holding "headrights" that could not be bought or sold but only inherited. This vast wealth attracted the attention of unscrupulous whites who found ways to divert it to themselves by marrying Osage women or by having Osage declared legally incompetent so the whites could fleece them through the administration of their estates. For some, however, these deceptive tactics were not enough, and a plague of violent death—by shooting, poison, orchestrated automobile accident, and bombing—began to decimate the Osage in what they came to call the "Reign of Terror." Corrupt and incompetent law enforcement and judicial systems ensured that the perpetrators were never found or punished until the young J. Edgar Hoover saw cracking these cases as a means of burnishing the reputation of the newly professionalized FBI. Bestselling New Yorker staff writer Grann (The Devil and Sherlock Holmes: Tales of Murder, Madness, and Obsession, 2010, etc.) follows Special Agent Tom White and his assistants as they track the killers of one extended Osage family through a closed local culture of greed, bigotry, and lies in pursuit of protection for the survivors and justice for the dead. But he doesn't stop there; relying almost entirely on primary and unpublished sources, the author goes on to expose a web of conspiracy and corruption that extended far wider than even the FBI ever suspected. This page-turner surges forward with the pacing of a true-crime thriller, elevated by Grann's crisp and evocative prose and enhanced by dozens of period photographs.
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.Pub Date: April 18, 2017
ISBN: 978-0-385-53424-6
Page Count: 352
Publisher: Doubleday
Review Posted Online: Feb. 1, 2017
Kirkus Reviews Issue: Feb. 15, 2017
BOOK TO SCREEN
BOOK TO SCREEN
BOOK TO SCREEN
"There's got to be something wrong with somebody who'd do a thing like that." This is Perry Edward Smith, talking about himself. "Deal me out, baby...I'm a normal." This is Richard Eugene Hickock, talking about himself. They're as sick a pair as Leopold and Loeb and together they killed a mother, a father, a pretty 17-year-old and her brother, none of whom they'd seen before, in cold blood. A couple of days before they had bought a 100 foot rope to garrote them—enough for ten people if necessary. This small pogrom took place in Holcomb, Kansas, a lonesome town on a flat, limitless landscape: a depot, a store, a cafe, two filling stations, 270 inhabitants. The natives refer to it as "out there." It occurred in 1959 and Capote has spent five years, almost all of the time which has since elapsed, in following up this crime which made no sense, had no motive, left few clues—just a footprint and a remembered conversation. Capote's alternating dossier Shifts from the victims, the Clutter family, to the boy who had loved Nancy Clutter, and her best friend, to the neighbors, and to the recently paroled perpetrators: Perry, with a stunted child's legs and a changeling's face, and Dick, who had one squinting eye but a "smile that works." They had been cellmates at the Kansas State Penitentiary where another prisoner had told them about the Clutters—he'd hired out once on Mr. Clutter's farm and thought that Mr. Clutter was perhaps rich. And this is the lead which finally broke the case after Perry and Dick had drifted down to Mexico, back to the midwest, been seen in Kansas City, and were finally picked up in Las Vegas. The last, even more terrible chapters, deal with their confessions, the law man who wanted to see them hanged, back to back, the trial begun in 1960, the post-ponements of the execution, and finally the walk to "The Corner" and Perry's soft-spoken words—"It would be meaningless to apologize for what I did. Even inappropriate. But I do. I apologize." It's a magnificent job—this American tragedy—with the incomparable Capote touches throughout. There may never have been a perfect crime, but if there ever has been a perfect reconstruction of one, surely this must be it.
Pub Date: Jan. 7, 1965
ISBN: 0375507906
Page Count: 343
Publisher: Random House
Review Posted Online: Oct. 10, 2011
Kirkus Reviews Issue: Jan. 1, 1965
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
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