The rise and fall of EU labour law

EU labour law—namely that heterogeneous, unstable combination of interventions, tools, measures, sources through which the EU directly or indirectly impacts on the normative and functional frameworks of individual and collective labour law systems of the Member States in a relationship of mutual interference and interaction–is experiencing a progressive loss of relevance, with an unprecedented decline of its normative rationales, functions, regulatory techniques, and constitutional hierarchies. This article offers a critical reflection on the reasons behind such a regressive path in the context of the EU crisis.     

The rise and fall of communal liability in ancient law

In ancient societies, rules of communal responsibility permitted the imposition of retaliatory sanctions on a wrongdoer's clan. These rules followed the collective ownership structure of early communities. Over time, notions of personal responsibility emerged, terminating the transfer of responsibility from one member to the whole clan. This paper intends to provide an economic explanation for this transition.     

The rise and fall of cross-border jurisdiction and remedies in IP disputes

Legal context. Companies which have seen their IP rights infringedacross Europe have, in recent years, been keen to obtain cross-borderrelief from infringement through bringing a single action inthe court of just one EU Member State. This approach has time,cost and tactical advantages for claimants, but raises complexjurisdictional questions. Key points. This article provides an in-depth explanation ofthe framework for litigating IP rights in the European Union.It describes the various interpretations to which the BrusselsRegulation on Jurisdiction has been subjected and how they affectthe availability of cross-border relief. This explanation providesa foundation for analysing the recent ECJ decisions in Gat vLuk and Roche v Primus. Practical significance. Cross-border jurisdiction and reliefis, in practice, no longer available in respect of registeredrights.     

The rise and fall of the criminal law of the German Democratic Republic

Dr. jur., University of Munich 1963; Dr. jur. habil., University of Munich 1968.     

The rise and fall of legislative service organisations in the United States Congress

The abolition of Legislative Service Organisations by the 104th Congress (1995–96) constituted one of its earliest achievements. Although political dissensus had surrounded the role and activities of LSOs throughout their institutional existence, the Republican victory in the 1994 congressional elections was the critical factor prompting their abolition. Prior reform attempts had faltered upon the Democratic party's post‐1954 dominance of the House of Representatives and the diffuse representational and institutional benefits which LSOs conferred upon their members. However, when, under a new Republican majority, the perceived costs of LSOs were held to exceed their benefits, the organisations were rapidly terminated. The abolition of LSOs lends new and additional support to scholars who emphasise the continued salience of party to congressional politics in the United States.     

Delinquency,unstructured socializing,and social change: The rise and fall of a teen culture of independence

This article delves into the connections between time trends in unstructured socializing and other dramatic changes in adolescence since the 1950s. Osgood et al.’s (1996) individual-level application of routine activity theory proposed that unstructured socializing contributes to crime by exposing people to situations conducive to deviance, and a large body of research supports this idea. Unstructured socializing has proven useful as an explanatory bridge that links crime and deviance to key social factors like age, class, and gender. The present article expands on two recent studies (Baumer et al., 2021; Svensson & Oberwittler, 2021), which showed that changing rates of unstructured socializing help explain time trends in delinquency as well. Based on time trends across many domains of adolescent life, I argue that changes in unstructured socializing were a manifestation of the rise and fall of a teen culture of independence from the 1950s to the 2020s. The effectiveness of unstructured socializing as an explanatory bridge demonstrates the value of focusing on ordinary, everyday activities for tapping into features of life that are consequential and that vary across social conditions.     

The importation and re-exportation of organized crime: explaining the rise and fall of the Jamaican posses in the United States

During the 1980s and 1990s, Jamaican posses captured the imagination of the press corps, film makers, and numerous of criminal justice scholars in the United States. However, except for a few historical references, their virtual disappearance from the contemporary criminal justice literature leaves many unanswered questions. In updating the literature, this paper examines the main factors contributing to the decline of Jamaican posses in the United States and explains how their criminal activities were displaced to Jamaica through aggressive U.S. anti drug and anti-gang operations and immigration policies.     

The rise and rise of fentanyl in postmortem casework

Forensic toxicology laboratories are navigating a period of time with increasing drug overdose deaths, an opioid epidemic, the impact of the COVID-19 pandemic, and the illicit drug market flooded with novel psychoactive substances. In New York City, the Department of Forensic Toxicology has experienced a 56% increase in postmortem casework in the past decade with fentanyl detected in 80% of all overdose deaths. Over a period of 2.5 years, 15,638 postmortem cases were tested for the presence of fentanyl and fentanyl analogs using liquid-chromatography tandem mass spectrometry (LCMSMS). Fentanyl was detected in approximately one third of cases and of these 4447 cases with femoral blood. A twofold increase in cases with high concentrations of fentanyl (>100 ng/mL) was observed between 2021 and 2022. The minor metabolite and precursor chemical, 4-ANPP (4-anilino-N-phenethylpiperidine) may help differentiate between illicit and licit fentanyl. 4-ANPP blood concentrations were <10 ng/mL in 98% of the cases and the 4-ANPP:fentanyl ratio was <0.67 for 99.1% of blood specimens. Only six cases had 4-ANPP concentrations higher than the corresponding fentanyl blood concentration. This study also highlights, the changing fentanyl analogs found in postmortem cases since 2016 in NYC with the emergence of fluorofentanyl initially identified in 2020 and continuing to dominate in comparison with the prevalence of other analogs, many of which are no longer detected in casework. The detection of one of the latest drugs to be mixed with fentanyl, namely xylazine, has also increased in prevalence by 36.7% in 2022 compared with 2021.     

The rise of neuroskepticism

The increasing popularity of functional neuroimaging technologies in multiple disciplines has gained attention from within and outside the field of neuroscience. As the scope of research employing functional neuroimaging technologies broadens, there appears to also be a growing concern about the use of these technologies and the related social, ethical and legal issues. These concerns have been coined 'neuroskepticism'. First, we review how the term neuroskepticism has been previously used and defined. Second, we examine review and commentary articles published in journals with top impact factors, probing the presence and evolution of neuroskepticism within these articles. Results demonstrate a wide, but expected, range of issues associated with functional neuroimaging. It also appears that neuroskepticism is increasing as functional neuroimaging technologies gain popularity, which may indicate the presence of a classic Gartner Hype Cycle.