Negativer Kompetenzkonflikt zwischen VwGH und Unabhängigem Umweltsenat; Aufhebung des Beschlusses des VwGH

Der Anwendung der in § 40 Abs 1 UVP-G 2000 und § 5 USG vorgesehenen Beschr?nkung der Zust?ndigkeit des Unabh?ngigen Umweltsenates auf Angelegenheiten des ersten und zweiten Abschnittes des UVP-G 2000 steht kein unmittelbar anwendbares Unionsrecht entgegen. Der als Gericht iSd Art 6 Abs 1 MRK sowie Art 47 Abs 2 GRC zu qualifizierende VwGH hat seine Zust?ndigkeit in der Sache daher zu Unrecht abgelehnt, sodass der die Beschwerde zurückweisende Beschluss des VwGH vom VfGH aufzuheben war.     

Intimate partner violence among pregnant and parenting Latina adolescents

The purpose of this study was to examine the nature and extent of mutual violence among a sample of pregnant and parenting Latina adolescent females and their partners. The sample consisted of 73 Latina adolescent females between the ages of 14 and 20 who were referred to a community-based organization for case management, education, and psychosocial support for pregnant and parenting adolescents. They completed the Conflict Tactics Scale (CTS-2) as part of a pretest to evaluate this intervention program. A small number (12 out of 73; 16%) reported no use of aggressive conflict tactics. Eighty-four percent (61 out of 73) of the study respondents reported using at least one form of minor psychological aggression and 62% (45 out of 73) reported using at least one form of minor physical assault over the past 6 months. Mutuality of conflict was high, especially in cases of minor assault by partner. There was no difference in severity or chronicity of conflict between those who were pregnant and those who were not. Female respondents reported that they and their partners engaged in comparable levels of sexual coercion. Discussion of the context of psychological, physical, and sexual aggression in adolescent relationships suggests alternative approaches to prevention of intimate partner violence among adolescents.     

Beyond Good and Evil: The Black–White Divide in Critical Race Theory

Derrick Bell’s work challenges the dichotomy that separates legitimate legal reasoning from “mere” fiction through hybrids that play across science fiction, Platonic dialogue, and autobiography. Despite its merits, I argue that Bell’s position reifies and strengthens, rather than deconstructs, structures of tyranny; it maintains the problematic rhetorical construction of United States race relations in terms of the black–white divide, either alienating, or leaving little or no room for other racial groups constructively to revise power and identity. In contrast, bell hooks’, Mari Matsuda’s and Robert Chang’s work, though tentatively sketched, construes current race and gender relations in terms of a chiaroscuro of power, rather than a simple dichotomy.

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Voice and trust in parliamentary representation

In both social and political matters, individuals trust those they believe will treat them fairly. Individuals in democracies have little objection to abiding by policies instituted by parties they did not vote for because the system by which the parliament is formed is considered fair. However, even among democracies, some electoral systems are fairer than others. It stands to reason that trust in parliament is affected by the perceived fairness of the electoral system. This research demonstrates that actual or perceived provision of voice in parliamentary representation does increase individual trust in parliament. Systems designed with the intent to provide fair representation and those that provide the illusion of fair representation produce higher levels of trust in parliament.     

Start-ups among university employees: the influence of legitimacy,human capital and social capital

Using a sample of 7,260 university employees, we investigate how legitimacy, social and human capital influence the employees’ start-up propensity. We find that scientific legitimacy, as measured by the number of recently published peer reviewed scientific articles, and conference papers accepted had no significant effect. Scientific legitimacy measured as publications in non-peer review journals even had a negative effect. Popular legitimacy showed mixed results. Measured as number of articles in popular science publications showed positive correlations and other public media appearances had a non significant effect on start-up propensity. Individuals who are older and have higher level of human capital, measured as level of education are less likely to start firms. We also found that, people with more social capital, such as contact with external product development teams are more likely to start new firms. Taken together, the findings suggest that activities spanning the university-business divide increase the start-up propensity, while within university activities had no, or negative effects on the propensity. Consequently, universities interested in encouraging their employees to start firms should focus their attention on creating spanning activities rather than improving conditions for within university tenure.     

Share and Share Alike? Hedge Funds,Human Rights,and Owning Enterprise in Britain

This article explores the meanings of ownership and shareholding in the context of the 2007 run on Northern Rock, its subsequent nationalization in 2008, and the resulting legal challenge brought by former shareholders. Drawing on evidence from a range of sources outside traditional legal and official doctrine, and from original empirical research, it focuses on the perspective and voices of local small individual shareholders in relation to shareholding, bank failure, and government responses to financial crisis. It tells the story of these individual shareholders against differing conceptions of share ownership rights and responsibilities, and from various angles, to show the many different subjectivities of corporate shareholding and ownership of enterprise of which orthodox legal and economic models take scant account. It concludes on a note of historic persistence in demand for proprietary shares in banking institutions, despite the differing levels of understanding and tolerance of equity risk among shareholders that our research reveals.