Das Bundesverfassungsgericht im politischen System der BRD – ein unbekanntes Wesen?

This article argues that the Judicialization hypothesis as a dominant research paradigm in the literature on the Bundesverfassungsgericht leaves out a number of relevant aspects. Rather, the court should be understood as being embedded in an area of competing interests among government, opposition, courts, litigating citizens and public opinion. The article identifies the institutional links between actors and relevant research questions. Finally, it discusses the theoretical, methodological and empirical challenges for further research on the Bundesverfassungsgericht.     

Verfassungsschranken und die Privatisierung öffentlicher Dienstleistungen im internationalen Vergleich

This paper examines the impact of constitutional barriers on the privatisation of public utilities in 21 OECD-countries between 1980 and 2009. We present new and improved indicators for privatisation and constitutional barriers. Three empirical findings stand out: First, national privatisation trajectories differ across both countries and sectors. Second, there is a significant cross-national variation in terms of constitutional provisions related to public utilities which, thirdly, constitute important impediments to privatisation.     

Die Dimensionalität der Reichstage der Weimarer Republik von 1920 bis 1932

We analyse the dimensionality and the positioning of parliamentary party groups and single MPs in the parliament (“Reichstag”) of the Weimar Republic on the basis of all recorded votes between 1920 and 1932. On the basis of studies on the milieu-boundedness of German parties and theoretical accounts on the dimensionality of parliaments in general we develop hypotheses regarding the number and characteristics of dimensions that structured voting behaviour in the Weimar Reichstag. The expectations are tested with a full sample of recorded parliamentary votes. The results, which are based on item response models, show that two dimensions structured MP’s decision-making: this is, first, an economic left-right axis and, secondly, a pro vs. contra Weimar Republic dimension. Additionally, our results provide support for recent studies on intra-party conflict inside the German national conservatives.     

Theorien mittlerer Reichweite

Merton’s concept of “middle range theories” has been widely accepted as one of his most influential contributions to sociological terminology, even if there is no conclusive understanding of its semantic and methodological meaning. The article proposes to ignore the term. On the one hand, it cannot be logically clarified and, on the other, it restrains an appropriate judgement of the merits of Merton’s research programme.     

The Probabilistic Genotyping Software STRmix: Utility and Evidence for its Validity

Forensic DNA interpretation is transitioning from manual interpretation based usually on binary decision‐making toward computer‐based systems that model the probability of the profile given different explanations for it, termed probabilistic genotyping (PG). Decision‐making by laboratories to implement probability‐based interpretation should be based on scientific principles for validity and information that supports its utility, such as criteria to support admissibility. The principles behind STRmix? are outlined in this study and include standard mathematics and modeling of peak heights and variability in those heights. All PG methods generate a likelihood ratio (LR) and require the formulation of propositions. Principles underpinning formulations of propositions include the identification of reasonably assumed contributors. Substantial data have been produced that support precision, error rate, and reliability of PG, and in particular, STRmix?. A current issue is access to the code and quality processes used while coding. There are substantial data that describe the performance, strengths, and limitations of STRmix?, one of the available PG software.     

Preparing law graduates for a globalised world

In this article it is argued that law graduates need to be prepared for working in a global legal context. Whether working in global law firms or small, local non-global law firms, law graduates need to have the knowledge, skills and attributes that will better equip them to work within and across multiple, international legal jurisdictions. The purpose of the article is twofold: first, to report on and disseminate research on a collaborative project on internationalising the Australian law curriculum aimed at preparing law graduates for global legal practice, of which the authors were the lead researchers; and second, to discuss and demonstrate the practical application of the proposed curriculum framework to the teaching of Constitutional Law.     

First-time DWI offenders are at risk of recidivating regardless of sanctions imposed

Objective

Research demonstrates that punitive approaches to DWI employed by the judiciary have failed to significantly reduce recidivism. However, little is known about the deterrent effects of administrative and diversion sanctions. We examine whether such sanctions deter first-time DWI offenders.

Methods

We grouped combinations of administrative, judicial, and diversion sanctions routinely employed in the state of Maryland for processing drivers arrested for DWI into one of eight mutually exclusive disposition sequences. We applied this classification to Maryland drivers who had been licensed in the state and had precisely one DWI on their record prior to January 1, 1999. We then used a proportional hazards model to estimate the probability of remaining free of a new DWI during a 6-year period (January 1, 1999 - December 31, 2004) as a function of the disposition of the index violation, and of selected factors that could affect that probability.

Results

Drivers with a prior DWI were at relatively high risk of recidivating regardless of how they were sanctioned. Those who received administrative and alternative sanctions had a risk of recidivating similar to that of drivers who were convicted.

Conclusion

All dispositions sequences, not just convictions, indicate that first-time DWI offenders are at high risk of recidivating.