Europäisierung — ein weites Feld. Literaturbericht und Forschungsfragen

Eusammenfassang Wenngleich sich Europ?isierung in der Politikwissenschaft noch zu keinem eigenst?ndigen Theoriestrang verdichtet hat, haben die Aktivit?ten in diesem Forschungsbereich in den vergangenen Jahren erheblich zugenommen. Nationalstaatliche Ver?nderungsprozesse fest im Blick, brachten diese Arbeiten einen lange vernachl?ssigten Bereich zurück auf die Forschungsagenda: die Rückwirkung der europ?ischen Integration auf den Nationalstaat. Dieser Bericht spiegelt den aktuellen Stand der Europ?isierungsdebatte wider und umfasst sowohl Prozesse der Europ?isierung von EU-Mitgliedsstaaten als auch von (potenziellen) Beitrittskandidaten. Darüber hinaus werden dringliche Forschungsfragen zukünftiger Europ?isierungsstudien aufgeworfen, um einen bescheidenen Beitrag zur wissenschaftlichen Debatte zu leisten.     

Commotio cordis as a result of a fight: Report of a case considered to be imprudent homicide

Commotio cordis is a clinic-pathological syndrome related to sudden death in young people involved in sports activities. It has been described, mainly, in athletes without previous cardiac anomalies who received a minor blow to the chest which produces ventricular fibrillation and cardiac arrest in the absence of structural damage to the ribs, sternum, or heart. There are few reported cases of commotio cordis associated with violent, non-sports related actions, which are commonly considered to be imprudent homicides. We present the case of a 20-year-old man, who was kicked in the chest during a fight; he suddenly collapsed although advanced cardio-respiratory resuscitation started shortly. Autopsy showed no cardiac lesions concluding that death was due to commotio cordis (blunt trauma to the chest). Toxicological analysis determined the presence of 5.14 mg/L benzoylecgonine in blood. On the basis of medico-legal investigation, the official prosecution considered the death to be imprudent homicide and the aggressor was sentenced to 4 years in prison. We emphasize the importance of the knowledge of the death circumstances through the witnesses’ testimony, prior to beginning the autopsy, to confirm this important medico-legal diagnosis. Arrhythmogenic effects of cocaine and its contribution in the production of these deaths are also exposed.     

Commercial Choice of Law in Context: Looking Beyond Rome

English courts are frequently criticised for their flexible approach to the finding of implied choice and the use of the escape clause in the context of the Rome I Regulation/Convention on the law applicable to contractual obligations. This paper argues that such criticism is misplaced. Based on empirical evidence, the article shows that those choice of law decisions are directly influenced by their procedural context and respond to the need to balance the multiple policy issues generated by international commercial litigation. In particular, English decisions need to be assessed in light of three distinct factors: the standard of proof required at different stages of the procedure in England, the national policy to promote England as a center for commercial dispute resolution and the incentives to export English law in certain strategic industries. The use of implied choice and the escape clause to achieve these ends constitutes a legitimate practice that does not frustrate the aims of the EU choice of law regime.     

Beyond suffrage: the role of Cuban women in the state-building years of a failed democracy (1940–1952)

During the first third of the twentieth century, several women joined associations to promote legal reforms. Between 1917 and 1934, the Cuban Parliament passed laws regarding women’s legal status, therefore challenging the traditional relations between state, Church and family inherited from the colonial period. Although the Constitution of 1940 incorporated these measures, Cuban women barely took part in state institutions, but their increasing presence in public affairs marked a turning point in their social status. A few women were appointed as Cuban representatives to international organizations, and political parties set up female auxiliaries. Moreover, several women’s associations worked for peace, demanded improvements in the healthcare system, took action towards enhancing education in rural areas and pushed for effective reform of the Civic Code in order to provide equal rights for men and women. African-Cuban women’s participation in these organizations was limited due to discrimination and they in turn set up their own organizations.     

Current Next Generation Sequencing technology may not meet forensic standards

In a Nature paper of 2010, the concern was raised that intra-individual mtDNA variation may be more pronounced than previously believed, in that heteroplasmies are common and vary markedly from tissue to tissue. This claim taken at face value would have considerable impact on forensic casework. It turns out however that the employed technology detected the germ-line variation relative to the reference sequence only incompletely: on average at least five mutations were missed per sample, as an in silico reassessment of the data reveals. Before one can really set out to access to entire mtDNA genome data with relative ease for forensic purposes, one needs careful calibration studies under strict forensic conditions—or might have to wait for another generation.     

La justicia social y la globalización monetarista

The author analyzes the doctrinal concept of social justice, in light of the ILO at its 75th anniversary, in which he was questioned their future, like a universal postulate. Whither goes the job? Social justice as a principle and aspiration of the right amount of work trying to promote and preserve decent existence of the community by imposing human values to all speculative consideration, commercial or financial information, proposed by globalization.