'Mani Pulite': a Critical Analysis of Italian Corruption and Anti
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The Doctrine of Clean Hands
LITIGATION - CANADA AUTHORS "Clean up, clean up, everybody clean up": the Norm Emblem doctrine of clean hands December 06 2016 | Contributed by Dentons Introduction Origins Bethany McKoy Recent cases Comment Introduction On occasion, in response to a motion or claim by an adverse party seeking equitable relief, a party will argue that the relief sought should be denied on the basis that the moving party has not come to court with 'clean hands'. This update traces the origin of what is often referred to as the 'doctrine of clean hands' and examines recent cases where: l a moving party has been denied equitable relief on the basis that it came to court with unclean hands; and l such arguments did not defeat the moving party's claim. Origins The doctrine of clean hands originated in the English courts of chancery as a limit to a party's right to equitable relief, where the party had acted inequitably in respect of the matter. In the seminal case Toronto (City) v Polai,(1) the Ontario Court of Appeal provided some insight into the origins and purpose of the doctrine: "The maxim 'he who comes into equity must come with clean hands' which has been invoked mostly in cases between private litigants, requires a plaintiff seeking equitable relief to show that his past record in the transaction is clean: Overton v. Banister (1844), 3 Hare 503, 67 E.R. 479; Nail v. Punter (1832), 5 Sim. 555, 58 E.R. 447; Re Lush's Trust (1869), L.R. 4 Ch. App. 591. These cases present instances of the Court's refusal to grant relief to the plaintiff because of his wrongful conduct in the very matter which was the subject of the suit in equity."(2) Although the court declined to use the doctrine to dismiss the appellant's action for an injunction in that case, it did set the stage for the maxim's future use in Canadian courts. -
Page 1 1 ENVIRONMENTAL IMPACT REPORT MEETING Taken At
1 2 3 4 5 6 7 8 9 10 ENVIRONMENTAL IMPACT REPORT MEETING 11 HERMOSA BEACH, CALIFORNIA 12 APRIL 10, 2014 13 14 15 16 17 18 19 20 21 ATKINSON-BAKER, INC. COURT REPORTERS 22 (800) 288-3376 www.depo.com 23 24 REPORTED BY: CYNTHIA L. VARELA, CSR No. 5917 25 FILE NO.: A801973 Page 1 1 ENVIRONMENTAL IMPACT REPORT MEETING taken at 2 1315 Valley Drive, Hermosa Beach, California, beginning 3 at 6:30 p.m., on Thursday, April 10, 2014, before 4 Cynthia L. Varela, CSR No. 5917. 5 6 PLANNING COMMISSION PANEL: 7 Peter Hoffman Kent Allen Lauren Langer Ron Pizer 8 Pamela Townsend Sam Perrotti Mike Flaherty Ken Robertson 9 10 SPEAKERS: 11 Gary Brown John Bowler Lorie Armendaring Jeff Krag 12 Dean Francoìs Ray Dussault Martha Logan Sheryl Main 13 Anna Vitali Mike Matronini Pauline Miller Craig Cadwallader 14 John Lang Chris Miller Loretta Sparks John Arbelaez 15 Karl Grossman Bob Rasmussen Cindy Smith Walt Kashon 16 Dan Rudin Al Sattler Lisa Santora Joe Galliani 17 Ryan Ueda Dave Andrey Andre Sharp Bob Rasmussen 18 J.R. Reviccky Jim Rosenberger John Carlson Stacey Armato 19 Damon Nagami Joel Shapiro Person in yellow suit David Machamriz 20 Jim Sullivan Jim Rosenberg Brandon Gersh Nanette Barragan 21 Roger Light Marcelo Kraus 22 Mike Collins Barbara Ellman 23 Logan Allen Jan Rice 24 Iatianna Geur Tom Malone 25 Peter Shellenbarger Page 2 1 HERMOSA BEACH, CALIFORNIA; THURSDAY, APRIL 10, 2014 2 6:30 P.M. 3 4 5 MR. HOFFMAN: Our agenda tonight I think 6 everyone is aware is a one-item agenda. -
Mani Pulite) Inquiry on Corruption and Its Effects on the Italian Political System
62 ALBERTO VANNUCCI THE “CLEAN HANDS” (MANI PULITE) INQUIRY ON CORRUPTION AND ITS EFFECTS ON THE ITALIAN POLITICAL SYSTEM THE “CLEAN HANDS” (MANI PULITE) INQUIRY ON CORRUPTION AND ITS EFFECTS ON THE ITALIAN POLITICAL SYSTEM Alberto Vannucci Dipartimento di Scienze Politiche, Università di Pisa [email protected] Abstract: The article offers a survey of the main effects of judicial inquiry on corruption in Italy (the “mani pulite” inquiry) and scandals on the political and party system. Some data on the evolution and achievements of the inquiry mani pulite are briefly offered, then focusing on the political consequences of the scandal in terms of delegitimization and consequent crisis of leading political figures, parties, and the political system as a whole. There is then a brief focus on the “lesson” of mani pulite – what did not work in political, institutional and societal mechanisms that should have provided a shelter against systemic corruption. Finally, the main long-term drawbacks of the judicial inquiry are analysed, e.g. the political career of the media tycoon Berlusconi, who was himself prosecuted for corruption crimes, with a dramatic increase of the institutional conflict between the political and the judicial power. Keywords: Corruption; Parties, Italian Political System; “Mani Pulite” Inquiry; Scandal. Resumo: O presente artigo apresenta um levantamento dos principais efeitos do inquérito judicial sobre a corrupção na Itália (especificamente a “Operação Mãos Limpas”) e os escândalos no sistema político e partidário do país. Alguns dados sobre a evolução e os alcances da Operação Mãos Limpas são brevemente expostos. Foca-se a atenção nas consequências políticas de tal escândalo em termos da deslegitimação e a consequente crise de liderança das figuras políticas, dos partidos e do sistema político como um todo. -
An Analysis of the Determinants of Corruption: Evidence from the Italian Regions
ISSN: 2038-7296 POLIS Working Papers [Online] Dipartimento di Politiche Pubbliche e Scelte Collettive – POLIS Department of Public Policy and Public Choice – POLIS Working paper n. 171 September 2010 An analysis of the determinants of corruption: Evidence from the Italian regions Nadia Fiorino and Emma Galli UNIVERSITA’ DEL PIEMONTE ORIENTALE “Amedeo Avogadro” ALESSANDRIA Periodico mensile on-line "POLIS Working Papers" - Iscrizione n.591 del 12/05/2006 - Tribunale di Alessandria An Analysis of the Determinants of Corruption: Evidence from the Italian Regions Nadia Fiorino∗ Emma Galli Università degli Studi L’Aquila and Università degli Studi di Roma “La CREI Sapienza” and CREI Abstract This paper investigates the causes of corruption in the Italian regions for the period 1980 to 2002 by selecting a number of hypotheses assessed in the literature. Corruption turns out to be driven by the level of per capita income and of education. While, as expected, income is negatively related with corruption, education is not; its positive impact on corruption can be explained as if corruption in Italy was typically a ‘white collars’ phenomenon during the 1980s and 1990s. Moreover the size of public investments in both the economic and politico- institutional dimensions seems to be a crucial factor in the explanation of the phenomenon. Keywords: Corruption; Determinants; Institutions; Italian regions JEL classification: O1; H0 1. Introduction Corresponding Author, Nadia Fiorino, Dipartimento di Sistemi e Istituzioni per l’Economia, Università degli Studi dell’Aquila, Via Giovanni Falcone, 25 - 67100 Coppito-L’Aquila, ITALY. E-mail: [email protected]. We would like to thank Luisanna Onnis, Fabio Padovano, Simona Scabrosetti, and the participants to the 2008 Società Italiana di Economia Pubblica Conference and to the 2009 European Public Choice Society Meeting. -
How to Cite Complete Issue More Information About This Article
Civitas - Revista de Ciências Sociais ISSN: 1519-6089 ISSN: 1984-7289 Pontifícia Universidade Católica do Rio Grande do Sul Vannucci, Alberto Systemic corruption and disorganized anticorruption in Italy: governance, politicization, and electoral accountability Civitas - Revista de Ciências Sociais, vol. 20, no. 3, 2020, September-December, pp. 408-424 Pontifícia Universidade Católica do Rio Grande do Sul DOI: https://doi.org/10.15448/1984-7289.2020.3.37877 Available in: https://www.redalyc.org/articulo.oa?id=74266204008 How to cite Complete issue Scientific Information System Redalyc More information about this article Network of Scientific Journals from Latin America and the Caribbean, Spain and Journal's webpage in redalyc.org Portugal Project academic non-profit, developed under the open access initiative OPEN ACCESS CIVITAS Revista de Ciências Sociais Programa de Pós-Graduação em Ciências Sociais Civitas 20 (3): 408-424, set.-dez. 2020 e-ISSN: 1984-7289 ISSN-L: 1519-6089 http://dx.doi.org/10.15448/1984-7289.2020.3.37877 DOSSIER: FIGHT AGAINST CORRUPTION: STATE OF THE ART AND ANALYSIS PERSPECTIVES Systemic corruption and disorganized anticorruption in Italy: governance, politicization, and electoral accountability Corrupção sistêmica e anticorrupção desorganizada na Itália: governança, politização e accountability eleitoral Corrupción sistémica y anticorrupción desorganizada en Italia: gobernanza, politización y accountability electoral Alberto Vannucci1 Abstract: This paper provides, trough different indicators, empirical evidence on the orcid.org/0000-0003-0434-1323 presumably high relevance of corruption in Italian politics and administration, providing [email protected] an explanation of how this “obscure” side of Italian politics – a pervasive market for corrupt exchanges – has found its way to regulate its hidden activities within an informal institutional framework, i.e. -
The Persistence of Corruption in Italy
The Persistence of Corruption in Italy: Politicians and the Judiciary since Mani Pulite Raffaele Asquer Department of Political Science University of California, Los Angeles Paper prepared for the WPSA 2013 ANNUAL MEETING March 28th, 2013 PRELIMINARY DRAFT – PLEASE DO NOT CITE OR CIRCULATE 1 Abstract Starting in 1992, the Mani Pulite (“Clean Hands”) anti-corruption campaign promised to eradicate corruption from Italian political life. For a brief, yet intense period, the public rallied behind the prosecutors, and punished the allegedly corrupt politicians and parties at the polls. However, twenty years later, Italy is still ranked as highly corrupt by Western standards. Why, then, did the Mani Pulite campaign fail to have a long-lasting effect? Relying on original data on the anti-corruption investigations in Milan, as well as on a variety of datasources from the existing literature, this paper argues, first, that the investigations left essentially untouched entire parts of the country where corruption was widespread. Overall, the Mani Pulite campaign had limited deterring effects because judicial inquiries were obstructed by the statute of limitations, and even in case of conviction the sentences were generally mild. Second, the paper finds that the structures of corruption networks have changed since the Mani Pulite season, becoming less vulnerable to further judicial inquiries. There now seem to be multiple sites for corrupt transactions, somewhat dispersed throughout the political system, whereas in the past such activities were centrally managed by a cartel of parties. We reach this conclusion by combining evidence from the literature with original data on two subnational legislatures, the Regional Council of Campania (1992-94) and the Regional Council of Lombardy (2010-12) in which political malfeasance in general seemed widespread. -
9/11 Report”), July 2, 2004, Pp
Final FM.1pp 7/17/04 5:25 PM Page i THE 9/11 COMMISSION REPORT Final FM.1pp 7/17/04 5:25 PM Page v CONTENTS List of Illustrations and Tables ix Member List xi Staff List xiii–xiv Preface xv 1. “WE HAVE SOME PLANES” 1 1.1 Inside the Four Flights 1 1.2 Improvising a Homeland Defense 14 1.3 National Crisis Management 35 2. THE FOUNDATION OF THE NEW TERRORISM 47 2.1 A Declaration of War 47 2.2 Bin Ladin’s Appeal in the Islamic World 48 2.3 The Rise of Bin Ladin and al Qaeda (1988–1992) 55 2.4 Building an Organization, Declaring War on the United States (1992–1996) 59 2.5 Al Qaeda’s Renewal in Afghanistan (1996–1998) 63 3. COUNTERTERRORISM EVOLVES 71 3.1 From the Old Terrorism to the New: The First World Trade Center Bombing 71 3.2 Adaptation—and Nonadaptation— ...in the Law Enforcement Community 73 3.3 . and in the Federal Aviation Administration 82 3.4 . and in the Intelligence Community 86 v Final FM.1pp 7/17/04 5:25 PM Page vi 3.5 . and in the State Department and the Defense Department 93 3.6 . and in the White House 98 3.7 . and in the Congress 102 4. RESPONSES TO AL QAEDA’S INITIAL ASSAULTS 108 4.1 Before the Bombings in Kenya and Tanzania 108 4.2 Crisis:August 1998 115 4.3 Diplomacy 121 4.4 Covert Action 126 4.5 Searching for Fresh Options 134 5. -
Mani Pulite, Lava Jato and the Road Ahead for Anti-Corruption Efforts in Brazil
anti-corruption.com January 22, 2020 BRAZILIAN ANTI-CORRUPTION LAW Mani Pulite, Lava Jato and the Road Ahead for Anti-Corruption Efforts in Brazil By Rafael Ribeiro, Hogan Lovells When Sergio Moro, Brazil’s current Minister In my opinion, reports of Lava Jato’s demise of Justice and Public Safety, studied the are exaggerated, but significant additional anti-corruption push in Italy stemming from popular pressure will be needed for the gains Operation Mani Pulite (Clean Hands) in 2004, made in fighting corruption in Brazil are to he could not have imagined he would later be maintained long-term. In this article, I will lead a corruption investigation in his home briefly discuss the aftermath of Italy’s Mani country with even more far-reaching effects – Pulite investigation and the demonstrated lack Operation Lava Jato (Car Wash). of popular support that it enjoyed during its final years, the circumstances that have led In a 2004 academic article analyzing Operation Lava Jato to similarly see a reduction in popular Mani Pulite, Moro concluded that: support, and finally discuss steps that must be taken so that Lava Jato’s failures and successes Perhaps the most important lesson from alike ultimately can continue to assist Brazil this entire episode is that judicial action in its long struggle against corruption and its against corruption only will be effective corrosive effects. with the support of democracy. It is she who defines the limitations and the possibilities See “Anti-Corruption Is Front and Center for of judicial action. As long as [judicial action] Recently Elected Presidents in Latin America” counts with the support of popular opinion, (Nov. -
Equity—Clean Hands Doctrine—Not Automatically Invoked Against Fraudulent Transferor
University of Arkansas at Little Rock Law Review Volume 6 Issue 4 Article 5 1983 Equity—Clean Hands Doctrine—Not Automatically Invoked against Fraudulent Transferor Rufus E. Wolff Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Banking and Finance Law Commons Recommended Citation Rufus E. Wolff, Equity—Clean Hands Doctrine—Not Automatically Invoked against Fraudulent Transferor, 6 U. ARK. LITTLE ROCK L. REV. 559 (1983). Available at: https://lawrepository.ualr.edu/lawreview/vol6/iss4/5 This Note is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. EQUITY-CLEAN HANDS DOCTRINE-NOT AUTOMATICALLY IN- VOKED AGAINST FRAUDULENT TRANSFEROR-MACCUne v. Brown, 8 Ark. Ct. App. 51, 648 S.W.2d 811 (1983). On December 12, 1978, six hundred fifty gold Krugerrands, thirteen Mexican pesos and one double eagle gold piece were placed in a Little Rock bank in a safety deposit box leased to Billie Jean McCune, the defendant. W.G. Brown, the defendant's father, re- tained the keys to the box. On August 28, 1981, Mr. Brown filed a complaint in equity against his daughter seeking a temporary re- straining order to keep her from removing any of the contents of the safety deposit box. At trial Mr. Brown, who was involved in a di- vorce proceeding at the time of the transfer, admitted he had trans- ferred the gold to his daughter in an attempt to defeat his ex-wife's rights to the property. -
The NA TIO.N AL
The N A TIO.N AL HORTICULTURAL MAGAZINE )\\ JOURNAL OF THE AMERICAN HORTICULTURAL SOCIETY WASHINGTON, D. C. - - JANUARY, 1932 \ \ \ " The American Horticultural Society ~ P'RESENT ROLL OF OFFICERS AND DIRECTORS March 1, 1931 OFFICERS President, Robert Pyle, West Grove, Pa. First Vice-Preside?},t, Knowles A. Ryerson, 1601 Argonne Pl., N. W., Washington, D. C. Second V ice-President, Mrs. Francis King, South Hartford, N. Y. Secreta1'Y, C. C. Thomas, 211 Spruce Street, Takoma Park, Md. Treasurer, Roy G. Pierce, 504 Aspen Street, Washington, D. C. DIRECTORS Terms expiring in 1932 Terms expiring in 1933 Miss Mary McD. Beirne, Ashland, Va. Miss Isabel B. Busbee, Raleigh, N. C. Hon. H. F. Fisher, Memphis, Tenn. Mrs. L. H. Fowler, Washington, D. C. Mrs. Mortimer Fox, Peekskill, N. Y. Fa·irman R. Furness, Media, Pa. Mr. F. L. Mulford, Washington, D. C. D. Victor Lumsden, Washington, D. C. Dr. Earl B. White, Kensington, Md. J. Marion Shull, Chevy Chase, Md. AFFILIATED SOCIETIES' Alexandria, Virginia, Garden Club, Garden Club of Somerset Hills, Mrs. F. M. Willard, President, Mrs. J. M. Ellsworth, President, Belle Haven, Alexandria, Va. Bernardsville, N. J. American Fuchsia Society, Georgia State Horticultural Society, Mrs. Elizabeth Madison, Sec'y, G. H. Firor, Secretary, 1025 2nd Ave., Oakland, Calif. Athens, Ga. Blackstone Garden Club, Hartwell Garden Club, Mrs. A. G. Ingham, President, Care of Wm. F. Roberts, W ellsville, Va. 275 Avalon Ave., Cincinnati, O. Chevy Chase (D. C.) Garden Cluib, Highland Park Garden Study CIU:b, Mrs. Truman Abbe, Librarian, Mrs. J. S. Weinberg, President, 3737 Huntington St. N. W., 440 Glencoe Ave., Highland Pk., Ill. -
Doctrine of Unclean Hands (Cole V. Cole, 100 App. Div. 296 (3D Dep't 1944))
St. John's Law Review Volume 19 Number 2 Volume 19, April 1945, Number 2 Article 11 Domestic Relations--Doctrine of Unclean Hands (Cole v. Cole, 100 App. Div. 296 (3d Dep't 1944)) St. John's Law Review Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Recent Development in New York Law is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. 1945 ] RECENT DECISIONS to have made the oral agreement is no longer able to make a denial.5 In the present case, the court dismissed the complaint for to do otherwise would be to frustrate the above intention of the legislature. It was further intended by the legislature that this provision was to cover agreements made to take effect at or after death, 6 and inasmuch as in this case the alleged agreement could not be completed until the promisor's death, it was void. This is directly in line with the majority of decisions in New York. In a recent case 7 in point, it was held that an oral agreement by an employee irrevocably designat- ing plaintiff sole beneficiary of employee's interest at his death in New York City Retirement Fund was void under this same provision of the Statute of Frauds. The intention of the legislature in passing a statute of frauds and this amendment has always been to prevent fraud. -
Gao-19-471, Information Technology
United States Government Accountability Office Report to Congressional Requesters June 2019 INFORMATION TECHNOLOGY Agencies Need to Develop Modernization Plans for Critical Legacy Systems GAO-19-471 June 2019 INFORMATION TECHNOLOGY Agencies Need to Develop Modernization Plans for Critical Legacy Systems Highlights of GAO-19-471, a report to congressional requesters Why GAO Did This Study What GAO Found The federal government plans to spend Among the 10 most critical legacy systems that GAO identified as in need of over $90 billion in fiscal year 2019 on modernization (see table 1), several use outdated languages, have unsupported IT. About 80 percent of this amount is hardware and software, and are operating with known security vulnerabilities. For used to operate and maintain existing example, the selected legacy system at the Department of Education runs on IT investments, including aging (also Common Business Oriented Language (COBOL)—a programming language that called legacy) systems. As they age, has a dwindling number of people available with the skills needed to support it. In legacy systems can be more costly to addition, the Department of the Interior’s system contains obsolete hardware that maintain, more exposed to is not supported by the manufacturers. Regarding cybersecurity, the Department cybersecurity risks, and less effective of Homeland Security’s system had a large number of reported vulnerabilities, of in meeting their intended purpose. which 168 were considered high or critical risk to the network as of September