This chapter analyses crimes involving procuring sex, including procuring sex by deception. It argues that to appreciate the nature of these offences, and their place within this book, it is necessary both to understand how the verb ‘to procure’ was interpreted, including when and why it required deception, and to pay attention to the acts whose procurement was proscribed by law. The chapter provides elucidation on both fronts, showing how the procuring offences were geared towards prohibiting ‘illicit’ (i.e., immoral) sexual activities and therefore criminalised the use of deception to lure others into committing such acts. In demonstrating this point, the chapter argues that a culturally sensitive vision of what makes intimacy valuable shaped and constrained the use of the procuring offences. Finally, the chapter argues that the demise of the procuring offences set the stage for the expansion of the crime of rape by deception and that examining how the procuring offences worked yields important lessons for those attempting to engage critically with this development.

This section provides examples for a number of different kinds of documents associated with the courts, with crime and punishment, namely Curia Regis Rolls (published for the early thirteenth century in a fascinating series of volumes), Ecclesiastical suit rolls, relating to questions of adultery and fornication, Gaol Delivery rolls recording the pleas of those who were then freed from prison, and the Assize of Bread, concerned with maintaining standards in the production of bread and ale.

Many of the justifications for the electoral college focus on maintaining the harmony and cohesion of the Republic. Upon closer scrutiny, however, we find that the electoral college does not contain the results of fraud and accidental circumstances within states. Instead, it magnifies their consequences for the outcome nationally. Direct election, by contrast, would create disincentives for fraud and recounts. Similarly, the electoral college does not produce concurrent majorities around the country and force winning candidates to moderate their stances to appeal successfully to all segments of society and all geographic locations. Equally problematic is the view that victory in the electoral college ensures presidents effective coalitions for governing. Moreover, the electoral college does not produce compromise within states, and it is fundamentally different from constitutional provisions that require supermajorities to take positive action. The electoral college produces neither majority-vote victories for presidents nor mandates for their governing. It is also not a bastion of federalism. Direct election of the president would not diminish the role of state and local parties and officials or the nominating conventions, and national standards for elections are already in place and not to be feared.

At the intersection of the social, political, cultural and scientific realms, the introduction pressents a general framework for the wirting of a history of an embodiment of connections, that brings to the fore unexpected mechanisms of coproduction of knowledge, endless debates on objectivity and medical pluralism, and fierce struggles for the sake of authority, recognition and prestige on elusive subjects such as hunger, fasting, inanition and starvation. Since scientific controversies about hunger and inanition were not limited to academic circles, they spread throughout an urban public arena that acted as a useful playground in that battle for authority.

In the previous chapter, we examined the notion of capacity and legal personality under the Qatari civil and commercial law. In general, article 108 CC conflates capacity and consent by stating that consent (to contract) is only valid in respect of entities that possess capacity under the law. Overall, the law distinguishes between persons with full legal capacity and those with partial or no legal capacity. Persons with limited capacity may contract through a guardian and in limited circumstances not involving a significant financial commitment they are free to contract without guardianship. Entities with full capacity may freely contract in their person.

Fraud in medical research is a broad term that encompasses several different misdemeanors: falsification, fabrication, plagiarism, and deception. The scale of medical research fraud isn’t negligible, either. While reliable estimates are hard to come by - since people are unlikely to implicate themselves - studies suggest that the true rate of fraud among published studies lies somewhere between 0.01% and 0.4%. Chapter 17 discusses why people choose to commit fraud in medical research and how the scientific system can incentivize this type of behaviour. Additionally, the chapter explores how medical fraud ultimately affects the rate and direction of medical progress through mechanisms such as the squandering of resources and a loss of trust. The chapter concludes by discussing how we can dissuade future misconduct in medical research.

Due diligence is absolutely key to stem possible problems with investment migration programs. Focusing on examples from Canada, Saint-Kitts and Nevis, and the European Union, this chapter offers a critical assessment of the strengths and weaknesses of due diligence practices.

Although the Vienna Convention on the Law of Treaties devotes nine articles to invalidity of treaties, cases rarely arise in practice. Circumstances covered by the Convention include violation of internal law, error, fraud, corruption, coercion and violation of a peremptory norm of international law (jus cogens). Article 46 of the Convention covers the first of these, providing that a state may not invoke the fact that its consent to be bound has been expressed in violation of its internal law unless that violation was manifest and concerned a rule of fundamental importance. The chapter examines the meaning of the key terms of this provision and possible cases in which this might arise. In the context of coercion, the chapter looks at treaties which might be concluded by the threat or use of force, peace treaties and unequal treaties. The scope of peremptory norms (jus cogens) is also discussed, together with the consequences of invalidity.

Provides a critical evaluation of the state effort to confiscate ‘illicit profits’ from economic collaboration and black-market exploitation of public misery. The economic purge provides significant evidence for the practices of black-market traffic during and after the Occupation, for the extent of black-market trade, and for the impossibility of holding most offenders accountable because the traffic was so widespread and major offenders found ways to keep their activities and profits hidden from state investigation.

The notion of a “separable” arbitration agreement--- presuming that the validity and ambit of an arbitration clause are to be judged independently from that of the overall contract between the parties---is the cornerstone of the arbitration law of virtually every state. Such a rule functions to protect the agreement to arbitrate from assertions (often raised in bad faith and for purposes of delay) that the overall agreement is subject to some infirmity that necessarily “taints” the submission to arbitration as well; the impact of the rule is that such assertions fall to be decided, not by courts, but by the arbitral tribunal itself.Despite frequent objections that this allocation of authority is not “logical”---that every part of a contract must stand or fall together---the rule of “separability” is best understood as a sensible default rule respecting the probable expectation of contracting parties (who were unlikely to have contemplated that a claim, say, of fraud, and a claim going to the merits of a cause of action, would fall to be adjudicated by different decisionmakers). Application of “separability” grounded in challenges based on fraud is in fact entirely intuitive; other sorts of challenges (perhaps suggesting a failure of any consensus whatever between the parties) may be more difficult.Still, the fil conducteur is clear enough, and jurisprudence across national lines remarkably consistent.

Art. 325 TFEU aims to establish an effective and standardised protection of the European Union’s financial interests across all Member States, and in all of the EU’s institutions and bodies. This regime is underpinned by two key principles: assimilation and minimum protection. They require the Member States to take the same measures to counter fraud affecting the financial interests of the EU as they take to counter fraud affecting their own financial interests and to prevent and combat EU-fraud and other financial misconduct with effective, proportionate and dissuasive measures. National provision that is incompatible with this so-called ‘minimum trias’ is neutralized and rendered inapplicable. Moreover, the EU is empowered to adopt the necessary measures for the prevention of and fight against EU fraud. Arguably, this includes the right to enact legislation in the area of criminal law, to harmonise the respective national criminal laws of the Member States, and even to introduce directly applicable European criminal provisions. And yet, despite these sweeping powers, the EU has thus far proven reluctant to use them. Instead, it has generally opted for a restrictive interpretation of its anti-fraud competencies.

The defendant, Mr. Howey, had a prominent citrus grove in Florida. Mr. Howey sold real estate contracts with a warranty deed along with a service contract to manage the citrus grove on the land to mostly non-Florida residents staying at a local hotel he owned. The SEC filed suit claiming that Mr. Howey’s real estate contract, warranty deed, and service contract constituted an investment contract. The feminist perspective accounts for the power imbalance between Mr. Howey, a man in a town in which everything bears his name including the town itself, and the purchasers, travelers unaware of practicalities of the citrus business. This power imbalance was characterized by information asymmetry and fraud. The feminist rewritten opinion examines how the Howey test developed in the original opinion is both too detailed and too flexible, which fails to foster a responsible and inclusive investment culture. The commentary argues had Mrs. Howey, who had a significant role in cultivating the land, been given more consideration and protection in the original opinion that securities regulation could more adequately protect employees from exploitation.

What happened when oracular consultations “failed”? Modern scholarship tends to emphasize how ancient Greek oracular consultation provided clarity and a sense of control for its clients. In contrast, myriad tales about oracles from across ancient literature tell of hopes raised and dashed, mortals who misunderstand, and oracles that mislead. This essay suggests that we might productively explore these stories as responses to an important aspect of ancient lived experience: specifically, when the events that an oracle had foretold did not occur. Focusing on oracles concerned with the foundations of settlements, this essay begins by examining how scholars have previously explained such apparent oracular failures by appealing to a combination of “structural blocks to falsifiability” (e.g., mortal misunderstanding) and ancient piety. Drawing on psychological theories and anthropological studies of failed prophecy, this essay offers an alternative account of the ways in which failed oracular pronouncements were explored, explained, and managed by those who received them. Stories of oracular failure reveal how creatively cultural resources – from storytelling to cult foundation – were employed to preserve the core concepts of communities and their cultures.

Mrs. Pritchard became the director of a family-owned reinsurance firm, Pritchard & Baird Intermediaries Corp (P & B), following the death of her husband. Mrs. Pritchard’s two sons were executives of the company, which eventually went bankrupt. The plaintiff, trustee of the P & B’s bankruptcy estate, filed this suit against the deceased Mrs. Pritchard’s estate claiming she was negligently liable as director for the over $10 million her sons improperly removed from the firm. The feminist rewrite agrees with the original opinion that Mrs. Pritchard was negligent in her role of corporate oversight, but it deviates by arguing Mrs. Pritchard was not negligent for failure to notice the financial issues because she should not have been expected to understand the intricacies of the business of which she served mostly as the figurehead and emotional glue. The rewritten opinion points out the implicit bias built within the New Jersey directors’ duty statute, which refers to “prudent men.” The commentary argues Mrs. Pritchard chose not to extend great care because she was not compensated or given much actual power within P & B. The commentary also critiques the rewritten opinion’s dismissiveness of Mrs. Pritchard’s corporate knowhow as not feminist enough.

The changing structures of what we would now think of as “the economy” during the Middle Ages (c. 450 – c. 1500) left deep and extensive marks on the period’s writing and storytelling. Significantly, this was due to the presence of at least two economic systems developing in parallel: an agrarian-based manorial system and a cash-based commercial system. The chance survival of texts from this period does not provide a unified vision of economics throughout England or even from every century of the medieval period. What texts do survive, however, show us that economics in the literature takes many forms beyond simply the exchange of money for goods and services, the establishment of credit and banking, and the development of complex and varied trade networks. It also appears in how a household is run, in gift-exchange, and even in the language of reckoning of sins with punishment or penance.

Elder mistreatment is common and often overlooked by health-care providers. It may include physical abuse, psychological and emotional abuse, sexual abuse, financial exploitation, and neglect. While any older adult may be susceptible, particular mitigating factors discussed in this chapter include cognitive impairment and dementia, multimorbidity, substance use, socioeconomics and culture, and social isolation. Strategies for approaching clinical cases, identifying signs and symptoms, and developing interventions are explored using illustrative cases and selected findings from the growing literature on elder mistreatment across care settings.

Breaches of competition law may incur severe sanctions in Austria. Besides heavy administrative fines and nullity of contracts contravening competition law, antitrust infringers must expect private damage action claims from customers or suppliers harmed by antitrust violation. However, only very few final decisions have been rendered in Austria’s private antitrust litigation so far. Under Austrian criminal law, cartel collusion in tendering procedures may qualify as fraud or bid-rigging. Criminal convictions may in turn lead to the withdrawal of trade licences and pose a risk for the company of being 'blacklisted' – at least temporarily – in public procurement procedures. Under exceptional circumstances, dissolution of the company may be ordered if a director has committed an offence in the course of the company’s business activities; the latter possibility only applies to limited liability companies. Under Austrian company law, a director is liable to reimburse all damages caused by not applying the standard care diligence of a prudent business manager, including the compensation of damages incurred through infringements of competition law. This liability exists towards both the company and business partners.