Custodial Sovereignty: Reconciling Sovereignty and Global Environmental Challenges amongst the Vestiges of Colonialism

Netherlands International Law Review -     

A European Constitutional Patriotism? The Case Restated

Abstract:  Especially since the failure of the European Constitutional Treaty, the idea of a European constitutional patriotism has become subject to ever more intense criticism. This article argues that many of the criticisms of the idea of a European constitutional patriotism have been based on philosophical misunderstandings (both of the notion of constitutional patriotism as such, and of the role it could play in Europe) or rely on implausible empirical claims. Accordingly, the normative idea of constitutional patriotism is first clarified; second, the article discusses some of the most common normative and empirical traps when trying to 'transfer' constitutional patriotism from a domestic nation-state context to the supranational level, as well as the tendency to overburden constitutional patriotism with expectations of solidarity and deliberative democracy; third, an EU-specific post-sovereign, pluralist version of constitutional patriotism is defended against critics who see even such a vision as insufficiently sensitive to value pluralism and cultural diversity.     

A biomechanical analysis of the causes of traumatic brain injury in infants and children

There is significant disagreement among medical professionals regarding the mechanisms for infant brain injury. This disagreement is due in part to the failure by some to acknowledge and incorporate known biomechanical data and models into hypotheses regarding causes. A proper biomechanical understanding of the mechanisms of traumatic brain injury (TBI) challenges many published and testified assumptions regarding TBI in infants and children. This paper analyzes the biomechanical relationship between the causes of TBI in infants and children, and their physiological consequences. Loading characteristics, injury parameters and criteria, scaling, failure characteristics, differences between infants and adults, and impact due to falls are described and discussed in the context of the laws of mechanics. Recent studies are critiqued with reference to their contribution to an understanding of brain injury mechanisms. Finally, methods for improving our currently incomplete knowledge of infant head injuries, and their mechanisms, consequences and tolerances are proposed. There is an urgent need for close collaboration between physicians and biomechanicians to objectively and scientifically evaluate infant head injuries to further define their mechanical bases, and to assist in their diagnosis and treatment.     

The Transfer of Power Hypothesis and the German Lander: In Need of Modification

Conventional wisdom ascribes to Land parliaments at best a supportingrole in German politics and a minor influence on public decisionmaking. Land parliaments are often dismissed as having few substantiallegislative or other functions. However, a closer analysis revealsa more complex picture. Even though the legislative functionof Land parliaments is limited, these regional bodies of representationare indispensable institutions for the German federal system.This article analyzes the legislative role, the elective function,and the participation of Land parliaments in coalition buildingas well as developments in the Land party systems. It is shownthat in these areas the Land level is more important than iscommonly thought. Recent changes indicate that Land parliamentsmay play an even more pronounced role in the future. The prevailingtheoretical approach that sees federalism dominating Germanconsensus democracy thus seems too general.