Negativer Kompetenzkonflikt zwischen VwGH und Unabhängigem Umweltsenat; Aufhebung des Beschlusses des VwGH

Der Anwendung der in § 40 Abs 1 UVP-G 2000 und § 5 USG vorgesehenen Beschr?nkung der Zust?ndigkeit des Unabh?ngigen Umweltsenates auf Angelegenheiten des ersten und zweiten Abschnittes des UVP-G 2000 steht kein unmittelbar anwendbares Unionsrecht entgegen. Der als Gericht iSd Art 6 Abs 1 MRK sowie Art 47 Abs 2 GRC zu qualifizierende VwGH hat seine Zust?ndigkeit in der Sache daher zu Unrecht abgelehnt, sodass der die Beschwerde zurückweisende Beschluss des VwGH vom VfGH aufzuheben war.     

The Changing Relationship Between Housing and Inequality, 1980–2010

Inequality in both income and wealth has grown rapidly in the United States since the 1970s. Over the same period, homeownership rates increased in step with expansionist government policies and the development of subprime and other exotic loan products, and housing affordability challenges emerged as the most prevalent housing problem for owners and renters alike. The subprime lending and foreclosure crises of the 2000s stretched households financially, threatening the traditional economic benefits of homeownership, bringing into stark relief the ways in which housing and inequality mutually influence one another, and implicating homeownership, housing affordability, and subprime lending in the widening gap between the rich and the poor. This article examines the changing roles of homeownership, housing affordability, and subprime lending in contemporary U.S. inequality by, first, describing trends in county inequality and housing characteristics and, second, modeling inequality as a function of the previous decade's housing characteristics over the period of 1980–2010. We build upon past models of county inequality by more explicitly considering causal order, place characteristics, and state and regional fixed effects. The results confirm that homeownership, affordability, and subprime lending not only reflect existing inequalities but also perpetuate those inequalities over time. Homeownership promotes equality, affordability problems undermine it, and subprime lending has the potential to ameliorate inequality in certain contexts, but these effects shift significantly over time, particularly as a result of widespread foreclosures and economic recession. Our analysis establishes the importance of housing in explaining contemporary inequality, highlights how place characteristics and causal ordering may improve county inequality models, and provides a foundation for future studies examining inequality in light of the Great Recession and the foreclosure crisis.     

Children's experiences of domestic violence: developing an integrated response from police and child protection services

Police notifications of incidents of domestic violence to child protection services constitute an acknowledgement of the harm that domestic violence inflicts on children. However, these notifications represent a substantial demand on child welfare services and the outcomes for children and victims of domestic violence have been questioned. This paper presents findings from the first UK study to examine these notifications in depth and examines the interface between the police and child protection services in responding to domestic violence incidents. The research reports on police interventions in 251 incidents of domestic violence involving children; the communication of information to child protection services and the subsequent filtering and service response. Social workers found that notifications conveyed little information on children's experiences of domestic violence. Forty per cent of families notified had had no previous contact with child protection services in that area, but those cases most likely to receive social work assessment or intervention were those where the case was already open. Notifications triggered a new social work intervention in only 5% of cases. The study also identified a range of innovative approaches for improving the co-ordination of police and child protective services in relation to children's exposure to domestic violence. Arrangements that maximized opportunities for police and social workers to share agency information appeared to offer the best option for achieving informed decisions about the appropriate level of service response to children and families experiencing domestic violence.     

Intimate partner violence among pregnant and parenting Latina adolescents

The purpose of this study was to examine the nature and extent of mutual violence among a sample of pregnant and parenting Latina adolescent females and their partners. The sample consisted of 73 Latina adolescent females between the ages of 14 and 20 who were referred to a community-based organization for case management, education, and psychosocial support for pregnant and parenting adolescents. They completed the Conflict Tactics Scale (CTS-2) as part of a pretest to evaluate this intervention program. A small number (12 out of 73; 16%) reported no use of aggressive conflict tactics. Eighty-four percent (61 out of 73) of the study respondents reported using at least one form of minor psychological aggression and 62% (45 out of 73) reported using at least one form of minor physical assault over the past 6 months. Mutuality of conflict was high, especially in cases of minor assault by partner. There was no difference in severity or chronicity of conflict between those who were pregnant and those who were not. Female respondents reported that they and their partners engaged in comparable levels of sexual coercion. Discussion of the context of psychological, physical, and sexual aggression in adolescent relationships suggests alternative approaches to prevention of intimate partner violence among adolescents.     

Beyond Good and Evil: The Black–White Divide in Critical Race Theory

Derrick Bell’s work challenges the dichotomy that separates legitimate legal reasoning from “mere” fiction through hybrids that play across science fiction, Platonic dialogue, and autobiography. Despite its merits, I argue that Bell’s position reifies and strengthens, rather than deconstructs, structures of tyranny; it maintains the problematic rhetorical construction of United States race relations in terms of the black–white divide, either alienating, or leaving little or no room for other racial groups constructively to revise power and identity. In contrast, bell hooks’, Mari Matsuda’s and Robert Chang’s work, though tentatively sketched, construes current race and gender relations in terms of a chiaroscuro of power, rather than a simple dichotomy.

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Start-ups among university employees: the influence of legitimacy,human capital and social capital

Using a sample of 7,260 university employees, we investigate how legitimacy, social and human capital influence the employees’ start-up propensity. We find that scientific legitimacy, as measured by the number of recently published peer reviewed scientific articles, and conference papers accepted had no significant effect. Scientific legitimacy measured as publications in non-peer review journals even had a negative effect. Popular legitimacy showed mixed results. Measured as number of articles in popular science publications showed positive correlations and other public media appearances had a non significant effect on start-up propensity. Individuals who are older and have higher level of human capital, measured as level of education are less likely to start firms. We also found that, people with more social capital, such as contact with external product development teams are more likely to start new firms. Taken together, the findings suggest that activities spanning the university-business divide increase the start-up propensity, while within university activities had no, or negative effects on the propensity. Consequently, universities interested in encouraging their employees to start firms should focus their attention on creating spanning activities rather than improving conditions for within university tenure.     

An accuracy assessment of forensic computerized facial reconstruction employing cone-beam computed tomography from live subjects

The utilization of 3D computerized systems has allowed more effective procedures for forensic facial reconstruction. Three 3D computerized facial reconstructions were produced using skull models from live adult Korean subjects to assess facial morphology prediction accuracy. The 3D skeletal and facial data were recorded from the subjects in an upright position using a cone-beam CT scanner. Shell-to-shell deviation maps were created using 3D surface comparison software, and the deviation errors between the reconstructed and target faces were measured. Results showed that 54%, 65%, and 77% of the three facial reconstruction surfaces had <2.5 mm of error when compared to the relevant target face. The average error for each reconstruction was -0.46 mm (SD = 2.81) for A, -0.31 mm (SD = 2.40) for B, and -0.49 mm (SD = 2.16) for C. The facial features of the reconstructions demonstrated good levels of accuracy compared to the target faces.     

Donor-conceived people's views and experiences of their genetic origins: a critical analysis of the research evidence

This article reports on a systematic review of English language, peer-reviewed publications from 13 empirical studies with donor-conceived children and adults regarding their experiences and perceptions of donor conception. A total of 19 articles that met the inclusion criteria were reviewed. These were identified by means of a bibliographic search of four electronic databases for the period 1990-2011 and supplemented by the authors' personal knowledge of work in this field. No reports from such studies appeared prior to 2000, and more than half have been published since 2008, demonstrating the relative novelty of research in this field. Much of the reviewed research evidence concerns individuals conceived through sperm donation conducted under a regime promoting both anonymity and nondisclosure. Consequently, there is little research that pertains to individuals conceived through other forms of collaborative reproduction, nor to those conceived under arrangements and regimes in which early parental disclosure is both advocated and practised and the identity of the donor and of other genetic relatives may be accessible to donor-conceived individuals. The studies consistently report that most donor-conceived people have an interest in securing information about their genetic and biographical heritage - more information than most of them have been able to obtain. Although a number of methodological limitations in the research base are identified, the authors conclude that the evidence is sufficiently robust to promote the implementation of policies and practices that promote transparency and openness in collaborative reproduction, thus reflecting the importance of maximising future choices and opportunities for donor-conceived people.     

Joint Working: The Health Service Agenda

The purpose of this article is to examine the policy and practice of collaboration between health and local government from a health servicesperspective. Within this remit, the authors primarily focus on the area of primary care. Four key elements of the post-1997 policy context are discussed: the move from GP fund-holding to Primary Care Groups and Trusts (PCG/Ts); a shift from treating to preventing illness; a drive for implementation by central government; and an emphasis on collaboration. Within this broad context, there are a number of factors which may support enhanced collaboration: the size, scope, responsibilities and budgets of PCG/Ts may well provide an organisational framework which is supportive of joint working. However, the ‘Berlin Wall’ between health and social care has proved to be enduring, and there are aspects of the post-1997 policy context which will continue to inhibit effective joint working, in particular centrally designed performance management systems and the dominance by GPs of PCG/Ts.     

Precaution, Scientific Development and Scientific Uncertainty under the WTO Agreement on Sanitary and Phytosanitary Measures

The World Trade Organization (WTO) Appellate Body has noted that the precautionary principle will be relevant to the interpretation of the WTO Agreement on Sanitary and Phytosanitary Measures in various ways, although the Appellate Body has declined to determine the status of the precautionary principle for international law or to find that it has been written into the SPS Agreement. The Appellate Body's awareness of precaution, the dynamics of scientific research and the nature of scientific uncertainty is to be welcomed. This awareness is helpful in dealing with new and emerging issues, such as the question of when a risk assessment relied upon by a WTO member becomes outdated by virtue of subsequent scientific developments. If maintained, an overly rigid approach to risk assessment, with a tight temporal focus, will inadequately acknowledge the natural processes of flux in the development of scientific knowledge.