The politics of judicial discretion: Rethinking the interaction between national courts and the Eurpean court of justice

The recognition that courts play a significant role in the process of European integration has focused attention on the interaction between national judges and the European Court of Justice. The prevailing theoretical model of this interaction holds that a variety of incentives impel national judges to co‐operate with the ECJ by providing it with frequent preliminary references. This article tests the ability of the model to account for the behaviour of national courts during the period 1972–94. In assessing the utility of the model two central claims are made. First, that the model as currently constructed is incapable of explaining the patterns of references originating from various member states, particularly the consistent lack of references from British courts. Second, that the level of British references, and patterns of judicial co‐operation in general, can be better understood by questioning the model's core assumption ‐ that national judges face powerful incentives to refer to the ECJ. As a first step in this direction, the article examines how the discretion to make or withhold references bestows on national judges the power to hasten or retard the pace of integration as well as to influence specific policy outcomes.     

1989 Revisited: Getting to the bottom of the GDR'S demise

Aufarbeitung von Geschichte und Folgen der SED‐Diktatur in Deutschland. Nine Volumes. By Enquete Kommission. Frankfurt/M: Suhrkamp, 1995.

Aufarbeitung und Versöhnung, ‘Leben in der DDR, Leben nach 1989’. Three Volumes. By landtag mecklenburg‐vorpommern. Schwerin: Stiller & Balewski, 1996.

The Politics of Economic Decline in East Germany, 1945–1989. By Jeffrey Kopstein. Chapel Hill and London: University of North Carolina Press, 1997.

Der Zusammenbruch der DDR am Beispiel der mecklenburgischen Stadt Parchim. By Fred Mrotzek. Hamburg: Kramer Verlag, 1996     

East German political attitudes: Socialist legacies v. situational factors a false antithesis

This paper introduces the two main competing approaches that attempt to explain east German political attitudes in post‐unification Germany, the ‘situational thesis’ and the ‘socialisation thesis’. Furthermore, the paper suggests that these ‘either/or’ approaches are in fact inseparable and only make sense when taken together. Political attitudes in east Germany are influenced by the past, the recent past and the present. The result of both the socialisation process in the GDR and the traumatic transformation process following unification is weak civic participation and a lack of trust in formal institutions. Without trust and without a vibrant civil society, economic performance will remain low.     

The Carbondale Caper

Abstract

“In July, 1950, Wesley R. Fishel, then an assistant professor of political science at Michigan State College, met Ngo Dinh Diem, a Vietnamese politician out of power, in Tokyo, Japan. The professor and the politician kept up a correspondence and, in early 1951, Fishel had his friend made a consultant to Michigan State's Governmental Research Bureau.” With these words Robert Scigliano and Guy H. Fox begin “Technical Assistance in Vietnam: The Michigan State University Experience”. The authors, whose duties with the Michigan State University Group (MSUG) in Vietnam “spanned all but four of the project's eighty-six months,” describe a university activity, infiltrated by the CIA, which still sends shudders through professors across the country.     

Suspects,Lies, and Videotape: An Analysis of Authentic High-Stake Liars

This study is one of the very few, and the most extensive to date, which has examined deceptive behavior in a real-life, high-stakes setting. The behavior of 16 suspects in their police interviews has been analyzed. Clips of video footage have been selected where other sources (reliable witness statements and forensic evidence) provide evidence that the suspect lied or told the truth. Truthful and deceptive behaviors were compared. The suspects blinked less frequently and made longer pauses during deceptive clips than during truthful clips. Eye contact was maintained equally for deceptive and truthful clips. These findings negate the popular belief amongst both laypersons and professional lie detectors (such as the police) that liars behave nervously by fidgeting and avoiding eye contact. However, large individual differences were present.     

Extension of the color suite available for chemical enhancement of fingerprints in blood

The use of ortho- and para-phenylenediamine (OPD & PPD respectively) for the enhancement of fingerprints in blood has been investigated. Optimal pH conditions and H2O2 concentrations have been determined using UV/Vis spectroscopy. Both OPD and PPD are effective and less hazardous alternatives to the presently used 3,3'-diaminobenzidine (DAB) for the development of blood fingerprints, especially on porous surfaces. The orange color of OPD and the purple color of PPD offer alternative colors to the brown color of DAB and the light green color of ABTS for standing out against particular backgrounds. Both OPD and PPD can be used after ninhydrin treatment, but the reverse is not the case.