Unschuldige Opfer staatlichen Handelns

Die Ereignisse rund um 9/11 haben den Rechtsstaat mit neuen Herausforderungen konfrontiert. Die Antwort auf die Frage, wie der Gefahr terroristischer Aktivitäten begegnet werden kann, ist letztlich von grundrechtlichen Problemstellungen bestimmt. Der vorliegende Beitrag setzt sich vor diesem Hintergrund mit einem Szenario auseinander, das noch in der aktuellen politischen Diskussion in hohem Maß präsent ist: Wie hat der Staat zu reagieren, wenn – gleich den Ereignissen in New York – eine gekaperte Passagiermaschine auf ein Hochhaus oder ein vollbesetztes Stadion zurast? Untersagt die Pflicht zum Schutz des Lebens der entführten Passagiere eine Einwirkung auf die Maschine oder darf der Staat auch unschuldige Opfer in Kauf nehmen, wenn dies zum Schutz anderer unbedingt erforderlich ist?     

A study to narrow down the time when a hyoid bone fracture was sustained

An unstable hyoid bone that can be loosely moved during autopsy is initial reason to suspect trauma to the neck. The question to be answered is whether the increased mobility is due to incomplete ossification of the hyoid, a postmortem injury (damage), or an ante-mortem injury, possibly related to the cause of death. This is the first study to systematically assess whether stereomicroscopic examinations and flat-panel CT-scans of isolated, unstable hyoid bones can add information to the macroscopic examination by helping to determine when the instability arose. Sixteen isolated hyoid bones (8 female, 8 male; 4-87 years-old) were examined after being macerated. Four of the hyoid bones were already classified as unstable during autopsy. Of the other 12, 7 were fractured immediately after autopsy before being macerated, and 5 were fractured after being macerated. There were, in total, six different diagnostic constellations. Stereo-microscopic examination did not yield additional information compared with the macroscopic examination. Flat-panel CT allowed distinction between an incomplete ossification of the hyoid and a fracture, but did not help in determining whether the fracture had been sustained peri- or postmortem.     

DATA REGULATION IN THE INTERNET OF THINGS

The reflections on data regulation in the internet of things (IoT) in this paper provide an overview of the different conceptions and legal problems of “data property rights.” Beginning with an overview of the existing and possible applications of the future IoT (in particular, smart cars), this paper describes the legal concerns that may arise because of increased commercialization of object-generated data. The author uses German and European Union law to illustrate the legal complexities, solutions, and shortcomings. He demonstrates how and to what extent these issues are covered by traditional data protection regulations and highlights the conceptual blind spots of these regulations. He then contrasts the data protection paradigm (de lege lata) with the idea of a general erga omnes data property right (de lege ferenda) and describes the most common understanding of such a right, that is, a data producers’ property right. Against the background of the possible economic advantages of general data property rights, the paper discusses conceptual problems and constitutional concerns. In conclusion, the author rejects the idea of a general data property right.     

The Organization of Purchasing at German Universities: An Empirical Investigation

The objective of this article is two-fold: first, it studies how German universities organize their purchasing activities, and, second, it identifies patterns in the structure of the purchasing function and analyzes factors that influence the design of purchasing. For this purpose, the article develops an analytical framework based on ideas of contingency and organization theory and presents the results of an empirical study which analyzed the purchasing organization of 65 German universities. The results of the study indicate that German universities use a medium level of centralization and specialization to organize their purchasing activities, and that the purchasing process is highly formalized in most universities. As to influential factors of the structure of purchasing, the study indicates that the number of employees, the number of employees with purchasing-responsibility, the purchasing volume, and the number of students enrolled at the university influence the structural variables.     

Unpacking the ‘Coalition of the Willing’: A Comparative Analysis of Norms in British and Polish Press Debates on the Iraq Invasion

Abstract

The study focuses on collective norms concerning the use of force to inform the analysis of national and European security and defence policy. In particular, it aims to shed some light on the question of why members of the US-led ‘coalition of the willing’ in Iraq subsequently supported further steps towards an autonomous and effective European Security and Defence Policy. We analyse collective defence norms in Britain and Poland by means of a qualitative analysis of press debates before, during and after the invasion of Iraq in 2003. Our findings indicate that the salience and vigour of the debates varied strongly and so did the areas of normative contention. In the British press, debates centred on normative conflicts surrounding the relationship with the US, international authorisation, and the legitimacy of regime change as a goal for the use of force. In Poland, debates were far less intense and centred on the need to show solidarity with a trusted ally in need. We conclude that strategic norms, in particular revolving around the attachment to the US as a security partner, have become less of a problem for the evolution of ESDP but for different reasons in each case.     

The Electoral Connection: How the Pivotal Judge Affects Oppositional Success at European Constitutional Courts

Constitutional courts are often considered to be ‘veto players’ or ‘third chambers of parliament’. However, no attention has been paid to the composition of European constitutional courts and how they make decisions. Do European judges exhibit political preferences as their US counterparts do? If so, it is important to know who selects the judges as the selection determines the outcome. This article analyses the composition of the German Bundesverfassungsgericht and the French Conseil constitutionnel. It tests the correlation between the party affiliation of the pivotal judge and oppositional success empirically for all abstract reviews filed between 1974 and 2002. In both countries the likelihood of an oppositional victory or defeat varies with the ideological position of the pivotal judge. This leads to the conclusion that European judges decide on the basis of their political preferences like their US counterparts.     

Bypassing Germany's Reformstau: The Remarkable Rise of Renewable Energy

For the past 20 years, Germany has witnessed a remarkable expansion in renewable energy production due to the introduction and further development of a feed-in-tariff model (FITM). This comprehensive and rapid policy change is surprising given the many veto points in Germany's political system and the fact that a powerful alliance objected to an expansion of renewable energy (RE). To explain this puzzle, this study relies on insights from historical institutionalism and policy analysis. I argue that historical contingency and critical juncture opened a window of opportunity for the pro-RE alliance in the late 1980s. Policy entrepreneurs subsequently used the opportunity to advance the FITM. Once introduced, this institution developed a self-reinforcing economic dynamic. Policy entrepreneurs in the parliament and the Ministry for the Environment translated economic gains into political leverage, which was crucial to defend the FITM from counterattacks in the following years.