Multi-Sphere Governance in South Africa: An Interim Assessment

After considerable debate about whether a democratic South Africashould be constituted on federal lines, the 1996 Constitutionadopted three "distinctive, interdependent and interrelated"spheres of government. "Co-operative government" followed theGerman model, emphasizing concurrency, provincial delivery ofnational policies, and provincial representation at the center.Implementing this model, with new institutions, actors, andprocesses, has proved difficult because the governing partystrongly favors a relatively centralized polity, and becauseprovinces and local governments have weak political, administrative,and fiscal capacities. The analysis concludes that while thenew system has become fairly well established in a short time,its long-term success in promoting the values of democratization,effective governance, and conflict management remains uncertain.     

A Painting,a Crime,a Controversy

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The exhibition by the Whitney Museum of American Art of a painting of the lynched Emmett Till by...     

Less is More—Optimization of DNA Extraction from Canine Feces

Although most DNA crime laboratories may not encounter fecal samples often, they are a familiar sample type in non‐human forensic laboratories due to their prevalence in the environment. Fecal matter can be challenging due to low numbers of nucleated cells and the presence of inhibitors that impede amplification success. Sampling location (internal vs. external), sampling quantity (10–200 mg), and various extraction protocols (silica matrix, bead beating, and clean‐up column) were evaluated to maximize DNA yield. The greatest yield of intact DNA was obtained using a modified silica matrix extraction protocol (VGL‐Fecal) on 30–50 mg of fecal matter collected from the external surface of a stool that had been dried for 24 h. This optimized sampling and extraction protocol was applied to a pilot study where DNA yield and genotyping success were evaluated. By optimizing our collection, sampling, and extraction procedures, a reliable method for maximizing the yield of canine fecal DNA was developed.     

Common Foreign and Security Policy: The Consequences of the Court's Extended Jurisdiction

Despite the explicit exclusion of its jurisdiction, the Court of Justice of the European Union exercises judicial control over Common Foreign and Security Policy (CFSP). This article examines and explains how the Court's extended jurisdiction contributes to the juridification, judicialisation and constitutionalisation of the EU's compound CFSP structures. It first lays the groundwork by explaining the link between constitutionalisation and democratic legitimation and setting out the Court's formal jurisdiction over CFSP under Article 40 Treaty on European Union and Articles 218(11) and 275(2) Treaty on the Functioning of the European Union. The centre piece of the article then identifies how the Court's jurisdiction has expanded since the entry into force of the Lisbon Treaty, points at additional ‘substantive’ avenues of judicial review on the basis of access to information and access to justice, and analyses the effects of the Court of Justice of the European Union's extended jurisdiction for CFSP.     

The precarious practice of forensic psychiatric risk assessments

The development of forensic psychiatric risk assessments is discussed from a clinical point of view using the example of Sweden. A central task in forensic psychiatry has traditionally been to identify dangerous, mentally disordered subjects considered to be prone to commit violent acts. Over time, “dangerousness” has been reworded into “risk”. Nevertheless, such assessments have generally been based on the psychiatric factors characterising the individual patient, while group interaction, situational factors, or social and cultural circumstances, such as the availability of alcohol and drugs, have been largely overlooked. That risk assessments have a focused on people with a diagnosis of “mental disorder” and been used as grounds for coercive measures and integrity violations has somehow been accepted as a matter of course in the public and political debate. Even the basic question whether offenders with a mental disorder are really more prone to criminal recidivism than other offenders seems to have been treated light-handedly and dealt with merely by epidemiological comparisons between groups of persons with broad ranges of psychosocial vulnerability and the general population. Legal texts, instructions and guidelines from the authorities in charge are often vague and general, while actors in the judicial system seem to put their trust in psychiatric opinions. The exchange of professional opinions, general public expectations, and judicial decision processes poses a huge risk for misunderstandings based on divergent expectations and uses of terminology.     

Let's Make a Brand New Start of it in Old New York: Using Mediation to Resolve Open Adoption Disputes

There is no general consensus of how to handle disputes arising from open adoption agreements. Some states have statutes mandating mediation, but New York does not. This Note proposes that New York enact a statute that mandates adoptive and birth parents use mediation for disputes arising from open adoption agreements. The proposed statute provides a comprehensive approach to mediation by setting forth when mediation is appropriate and when it is not. The statute will also provide when the child's preference can be taken into consideration, and who will pay for mediation.     

Distribution of Chemical Phenotypes (Chemotypes) in European Agricultural Hemp (Cannabis sativa L.) Cultivars

In Europe, more than 50 approved cultivars of fiber hemp (Cannabis sativa L.) are in agricultural production. Their content of psychoactive tetrahydrocannabinol (THC) is legally restricted to <0.2% (%w/w in the dry, mature inflorescences). Cannabis strains with much higher THC contents are also grown, illegally or under license for drug production. Differentiation between these two groups relies on biochemical quantification of cannabinoid contents in mature floral material. For nonflowering material or tissue devoid of cannabinoids, the genetic prediction of the chemical phenotype (chemotype) provides a suitable method of distinction. Three discrete chemotypes, depending on the ratio of THC and the noneuphoric cannabidiol (CBD), can be distinguished: a “THC-predominant” type, a “CBD-predominant” type, and an intermediate chemotype. We present a systematic genetic prediction of chemotypes of 62 agricultural hemp cultivars grown in Europe. The survey reveals the presence of up to 35% B_T allele-carrying individuals (representing either a THC-predominant or an intermediate chemotype) in some cultivars—which is unexpected considering the legal THC limit of 0.2% THC. The fact that 100% of the seized drug-type seeds in this study revealed at least one B_T allele, reflects that plant breeding efforts have resulted in a fixation of the B_T allele in recreational Cannabis. To guarantee a sincere forensic application based on a genetic chemotype prediction, we recommend not to classify material of unknown origin if the samples size is below nine genetically independent individuals.     

Translation Approaches in Constitutional Hermeneutics

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - In this article, we suggest an alternate approach to interpreting the US Constitution, using...     

The Resistance as Role Model: Disillusionment and Protest Among American Adolescents After 2016

Political Behavior - We examine whether the unprecedented 2016 presidential election led to political disillusionment among young people, whether that disillusionment led to a withdrawal from...     

Task Environment Matters for Intra-ministerial Change: The Interaction of International Environment,Organizational and Opportunity Factors

Why, how, and when does intra-ministerial change take place? Previous answers to these questions suggest that political factors, such as cabinet reshuffling, are the most decisive drivers of inter-ministerial change. By contrast, this article begins with a distinction between the mechanism responsible for intra-ministerial and inter-ministerial change of ministries, the latter discusses which of these has been given more attention in previous research. Data covering the intra-ministerial change of 11 ministries in Germany between 1949 and 2006 can demonstrate that environmental as well as organizational factors are decisive in order to explain the timing and type of intra-ministerial change. The main finding is that a clearly definable threshold of tasks, organizational units, and a horizontal dispersion of jurisdictions – all of which react to the international environment – can explain intra-ministerial change in German ministries.