Erzählungen des Kindes‐ und Erwachsenenschutzes: Eine Anwendung und Erweiterung des Narrative Policy Frameworks

The Child and Adult Protection Authorities (KESB) have been the subject of controversial discussion since their establishment in 2013. The reform of the Guardianship Law provided for an institutional shift away from local guardianship authorities to regional specialist authorities. This article uses the Narrative Policy Framework (NPF) to examine the history of today’s controversy, simultaneously proposing an analytic strengthening of said framework. Previous NPF studies summarize policy actors into opponents and proponents. As a result, we do not know whether different actors use different narratives. We therefore separate the expert from the MP discourse. The analysis shows that the experts' arguments for a new institutional arrangement and a person‐oriented narrative dominated, which put the fundamental rights of the persons affected by guardianship measures up front. The study contributes to the understanding of the current controversy, in which a person‐oriented narrative seems to be dominant again, directed against the new authorities.     

The Meaning of Champion Dyeing and Finishing: EIL Insurance Must Be Available in the Year That the Precise Risk Manifested Itself

Champion Dyeing & Finishing Co., Inc. v. Centennial Insurance Company and North River Insurance Company, decided in November 2002, represents a decisive victory for policy holders in environmental coverage litigation involving the availability of EIL insurance after 1985 or 1986. EIL coverage was generally unavailable after 1985 and until 1995, particularly for old leaking underground storage tanks (UST's). The availability issue arises in environmental coverage cases where the court adopts a prorata rather than joint and several theory of allocating responsibility for cleanup costs, and when in such cases there are periods of no insurance, because, for example of the insertion of the absolute pollution exclusion in commercial general liability (CGL) policies. In those circumstances, the courts apply the “willing self-insurer” rule and allocate responsibility to the insured who willingly decided to retain the risk. Until Champion Dyeing, there was little guidance about how to determine availability in the context of site-specific environmental pollution. The case was part of a 1998 declaratory judgment action by a small manufacturing company seeking reimbursement for cleanup costs attributable to pollution from two fuel oil storage tanks found leaking in November 1997. Reversing the trial court's decision, the New Jersey appellate court found that defendants failed to prove insurance available to the insured in 1997 and that therefore the duty to indemnify should have been apportioned solely among the insurers. In doing so, it stressed the necessity of demonstrating that insurance could have been purchased covering the precise risk that manifested, not simply that EIL insurance covering undefined risks was available. Its rationale was based on a recognition of the two essential differences between EIL and CGL insurance: claims made trigger of coverage and coverage of specific pollution conditions rather than generalized occurrences. In addition, testimony at trial failed to demonstrate the availability in 1997 of insurance providing coverage for the risk at issue because the testimony at the insurer's expert lacked foundation. This decision indicates that, in order to prove or disprove availability, the parties must first hire a competent environmental insurance expert and then must ask and answer three questions: What policies were being issued in the market that applied to the particular type of risk during the relevant time period, and especially in the year that the risk manifested? Would the insured have been able to purchase one of these policies or endorsements for its particular risk? Would the policy terms have provided coverage for the specific manifested risk in question? After applying these three questions to a number of hypotheticals with typical fact patterns, it is evident how impossible it is to prove coverage available for UST risks such as in the Champion case and how extremely difficult it will be to do so for non-UST, generally-site specific risks.     

Looking for Sustainability: Environmental Coalitions across the State-Society Divide

This paper compares environmental policymaking in two Brazilian cities, Rio de Janeiro and Cubatão. It examines the formation of state-society synergistic interactions in the public policymaking process and their effect on long term sustainability of social mobilization. It concludes that whereas social capital can be constructed in the context of policymaking, it is critically dependent on a concerted effort from both state and society actors to build trust in their daily interactions. The Cubatão and Carioca River cases show that state-society synergy had little effect on the ability of the policy coalitions formed for pollution clean up to sustain themselves over time. Instead, there are indications that rather than a constraint, the flexible and informal nature of such coalitions may have been a critical factor in their ability to carry out policy successfully.     

Lethal mixed intoxication with propofol in a medical layman

The authors report on a drug fatality of a 21-year-old man with a propofol (2,6-di-isopropylphenol) dependency. Propofol was detected in tissues and body fluids using SPME-GC/MS methods. The postmortem concentrations of propofol were 364 ng/ml in urine, 71 ng/ml in heart blood and 79 ng/ml in femoral blood. The drug addict had only an autodidactic medical knowledge, but had inserted himself a permanent cannula for intravenous injection of propofol several times a day. The injection material was bought via online auctions from eBay. The case illustrates how job-related drug dependencies become indistinct due to the free access to information and goods via the Internet.     

What's mine is mine and what's yours is mine too: Converging U.S. intellectual property exhaustion doctrines

With the increasing dispersion of intellectual property comes the intellectual property rights owner's continued desire to retain that part of the equation for which the bargain was struck. In terms of patents, the patentee strikes a deal to disclose the invention to the public in exchange for a monopoly over its use for a limited term. Copyright holders contribute their works to the intellectual pool receiving value by sale, lease or license. In 2012–13, the U.S. Supreme Court was tasked with delineating the realms of two intellectual property exhaustion doctrines and answering the question of where to draw the line with regard to an IP owner's ability to control the protected invention or work via patent or copyright, respectively. In one case, the Court permitted the intellectual property owner to restrict a subsequent purchaser's use of the product subject to protection, while in the other case the Court rejected the intellectual property owner's attempt to control the downstream use or resale of the product. This article discusses the relevant intellectual property exhaustion doctrines, analyzes and reconciles the Court's decisions in these cases, and provides guidance for navigating restrictions on use of U.S. protected products and works around the globe.     

Injustice in School and Students’ Emotions,Well-Being,and Behavior: A Longitudinal study

School can be regarded as an important factor in the development of children’s values and attitudes. Given this great importance of justice experiences for students’ development, this study aimed at examining the influence of perceived injustice in school on students’ emotions, well-being, and behavior with an experimental longitudinal design. In total, 196 students participated in this study and came to the university with their classes to receive extra teaching once a week for six consecutive weeks. To manipulate justice perceptions, a scenario of arbitrary privilege was chosen to lead students of the experimental group to experience injustice from a beneficiary perspective. We found that students in the experimental group reported higher well-being and a higher appreciation of the opportunity to learn than the control group did. Additionally, they showed an increase in justice-related negative emotions over time; that is, they expressed more of a bad conscience and stronger feelings of anger the more they became aware of their privilege. This study shows that even subtle experiences of injustice in school can have an impact on students’ outcomes. These results are discussed with regard to practical implications.     

青年的概念

文章讨论了"青年"概念的使用和有用性,讨论了年轻人被概念化的方式,探讨了青年向成年过渡的假设,提出将青年概念看作是一个社会过程的观点.青年时期是重要的,它是成年的临界点,同时它又有很大的问题.媒体话语中的青年流行概念不仅再现了青年而且实际上建构了青年的经历和意义.     

The effect of e-cigarette taxes on pre-pregnancy and prenatal smoking

E-cigarette taxes are an active area of legislation and have important regulatory implications by proxying e-cigarette accessibility. We examine the effect of e-cigarette taxes on prepregnancy and prenatal smoking using the near-universe of births to mothers conceiving between 2013 and 2019 in the United States. Using fixed effect regressions, we show that e-cigarette taxes increase prepregnancy and prenatal smoking. We also find evidence that e-cigarette taxes reduce prepregnancy and 3rd trimester e-cigarette use. Finally, we show that e-cigarette taxes increase news coverage of e-cigarettes and raise perceptions of risk of e-cigarettes.