The Trade Union Movement and the European Union: Judgment Day

Abstract: The trade union movement faces a challenge to the legality of transnational collective action as violating economic freedoms in the EC Treaty. How are disparities in wages and working conditions among the Member States to be accommodated? Are national social models protected? Does the internal market allow for trade union collective action? How does EU law affect the balance of economic power in a transnational economy? What is the role of courts in resolving economic conflicts? This article analyses the responses to these questions as referred to the European Court of Justice by the English Court of Appeal and offers some conclusions. The purpose is to highlight the different positions adopted by the old Member States and the new accession Member States as regards the underlying substantive issues, and the options available to the Court of Justice in answering the questions posed.     

An analysis of budget compliance measurement in South African local government best‐practice financial management technical assistance programs, 2001—2003

South Africa's local government financial management best‐practice technical assistance program (known as MFMTAP) was to reform municipal financial management; achieve credible, realistic budgets and prevent financial failure. We consider whether a budget compliance procedure, developed by National Treasury (NT) to measure funding requirements compliance with the Municipal Finance Management Act (MFMA) focusing on ‘realistic’ revenue budgeting, improves our understanding of technical assistance effectiveness. We assess a metropolitan municipality's compliance before, during and after advisory assistance. The compliance procedure was robust. Potential exists for wider application to assess best‐practice technical assistance (BPTA) program financial reform effectiveness. The findings from this single, important sample suggest that MFMA funding requirements are not being sustained 4 years after MFMTAP commencement, attributable to either BPTA performance or termination effects. We conclude that MFMA financial performance can be assessed by the procedure, from analysis of the metropolitan municipality performance assisted by a BPTA advisor for approximately 3 years. The analysis raises questions about BPTA program reform sustainability, but we add the caveat that conclusions cannot be drawn from a single sample metropolitan municipality, but a larger sample need be used for further methodology development to confirm its efficacy. Copyright © 2009 John Wiley & Sons, Ltd.     

Managing generic competition and patent strategies in the pharmaceutical industry

Legal context: The income streams of originating pharmaceutical manufacturersare under pressure as never before, from increasing R&Dcosts, regulatory pressures, and competition from generic manufacturers.This article examines the various strategies which originatingpharmaceutical manufacturers have adopted in response to thesethreats. Key points: The authors consider various strategies, including SupplementaryProtection Certificates, life-cycle management (‘evergreening’),second pharmaceutical use claims, trade marks, and the use ofdata exclusivity and interim injunctions, in order to prolongthe protection given to existing products, and to manage competitionfrom generic manufacturers. Practical significance: The authors also include two real-life case studies in orderto illustrate the practical applications of the strategies discussedin the article.     

EU-oriented bilateralism: evaluating the role of member state embassies in the European Union

The European Union (EU) constitutes an evolving diplomatic milieu characterized by high levels of interconnectedness among the politico-administrative apparatuses of member states. The article assesses whether the continued presence of member state bilateral embassies in the EU is residual and largely emptied of function, or whether they are adapting their role to new requirements in the EU policy environment. An analytical framework is developed conceptualizing diplomatic representation around three variables—function, access and presence—and two scenarios of change dynamics in the structures of bilateral diplomacy in the EU are proposed. These are then utilized to evaluate empirical evidence gathered in embassies of six member states in London and Vienna. The findings reveal a process of gradual ‘re-gearing’ of embassy functions towards EU matters, shifting patterns of communication and access, and ‘domestication’ of diplomatic presence in terms of personnel and agenda. Overall, this amounts to a shift towards EU-oriented bilateralism.     

Big School,Small School: (Re)Testing Assumptions about High School Size,School Engagement and Mathematics Achievement

In an effort to increase both adolescents’ engagement with school and academic achievement, school districts across the United States have created small high schools. However, despite the widespread adoption of size reduction reforms, relatively little is known about the relationship between size, engagement and outcomes in high school. In response, this article employs a composite measure of engagement that combines organizational, sociological, and psychological theories. We use this composite measure with the most recent nationally-representative dataset of tenth graders, Educational Longitudinal Study: 2002, (N = 10,946, 46% female) to better assess a generalizable relationship among school engagement, mathematics achievement and school size with specific focus on cohort size. Findings confirm these measures to be highly related to student engagement. Furthermore, results derived from multilevel regression analysis indicate that, as with school size, moderately sized cohorts or grade-level groups provide the greatest engagement advantage for all students and that there are potentially harmful changes when cohorts grow beyond 400 students. However, it is important to note that each group size affects different students differently, eliminating the ability to prescribe an ideal cohort or school size.     

School violence prevention measures: School officials' attitudes about various strategies

Concern about school violence has been escalating in recent years. A variety of strategies are used in efforts to prevent violence in schools. These remedies can be classified as legal, interactionist, and physical remedies. Legal remedies refer to laws, like the reasonable suspicion to search strategy that allows school officials to search and seize contraband. Interactionist remedies refer to practices that encourage students and other school officials to communicate more openly with school officials about possible cases of violence. Physical remedies refer to strategies that involve altering the school environment in an effort to prevent violence. This study considered the way that 138 school officials from the Commonwealth of Virginia defined the usefulness of these strategies. Attention was also given to whether certain factors contribute to the officials' assessments of the efficacy of each prevention strategy. Results of the study showed that the interactionist, and then legal remedies are believed to be the most useful, while physical remedies are perceived as the least useful strategies. The study uncovered differences of opinion based on racial lines. As an example, more Blacks than Whites were more likely to describe metal detectors as a very useful strategy. Implications of the study are provided.