Der Europ?ische Gerichtshof als Motor der Integration: Eine akteursbezogene Erkl?rung

For nearly five decades, the European Court of Justice (ECJ) has developed a decisively pro-European case law and has become the ??engine of integration??. Institutional explanations shed light on the Court??s room for manoevre. They have to be complemented by actor-centered explanations that shed light on the judges?? motives of action. The explanation offered by the following paper is unfolded in two steps. In the first one, the article describes idiosyncrasies of the European law discourse that already shaped the judges before they were appointed. The analysis of the idiosyncrasies corresponds to a scepticism towards the idea of national sovereignty, a belief in the necessity of creative and idealist, law-augmenting judges and a dominance of output-oriented legitimization strategies. In a second step, the article shows that in the sociological sense the ECJ judges constitute a group. While the individual judges share an understanding of the aims and functions of European law, the group develops its own identity and grants status to those who perform successful actions with respect to the common integration agenda. This explanation is more realistic than ??rational choice?? explanations which point to the direct and personal benefits that judges derive from their pro-European case law.     

What does “knock and announce” mean? An analysis of<Emphasis Type="Italic">Wilson v. Arkansas</Emphasis> and its progeny

The U.S. Supreme Court held in Wilson v. Arkansas (1994) that the common law “knock-and-announce” principle formed part of the “reasonableness” inquiry under the Fourth Amendment. However, the Court’s opinion gave little guidance as to what would be unreasonable under these circumstances. Some critics expressed concern that this lack of guidance would lead to many variations among lower courts. Other observers discerned a signal that little should be deemed “unreasonable” in the context of “knock and announce.” These criticisms are analyzed through a review of lower court interpretations of Wilson.     

Perceived fairness of drug-testing policies: An application of Leventhal’s principles of procedural justice

Employees rate the fairness of organizational policies by applying principles of distributive and procedural justice. Using Leventhal’s (1980) Principles of Procedural Justice, the current study surveyed 279 upper-level college and graduate students to determine the impact each principle has on support for drugtesting policies. The results support the hypothesis that drug-testing programs that violate these principles are viewed as unfair.     

Author Index volume 35 (2002)

Authors Index

Author Index volume 35 (2002)     

Animal experiments on the detection of an exposure to "chemical mace" (author's transl)]

To answer the question whether a negative result of gas chromatographic blood analysis for components of chemical mace proves that no or at most only slight tear gas exposure can have occurred, animal experiments were carried out. In the blood of 10 guinea pigs, which were exposed to the contents of chemical mace for 1--6 h, the solvants 1,1,2-trichloro-1,2,2-trifluorethane (freon 113) and 1,1,1-trichloroethane could easily be detected--even 23 h after the end of exposure or after a storage of the blood samples for 18 weeks--whereas the lacrimator chloracetophenone (CN) could not be found at all. In vitro experiments showed that CN relatively quickly reacts with components of blood. Therefore, blood samples should be analyzed for CN after withdrawal as soon as possible. In case of inhalation of the contents of chemical mace, i.e., after the comparatively mildest form of CN application, most probably no traces of the lacrimator at all can pass into the blood due to the quick reaction of CN with proteins of the respiratory surface of the lung.