Bounded Discretion in EU Law: A Limited Judicial Paradigm in a Changing EU

Against the background of the reinforcement of the EU executive pursuant to the post‐2008 economic and financial market regulatory reforms, this article deconstructs the prevailing distinction between an executive body's discretion to make policy choices and its discretion when conducting technical assessments. This distinction, which arises out of the current judicial paradigm for discretion, has contributed to the re‐allocation of executive authority within the EU (sanctioned in UK v Parliament and Council and Gauweiler v Deutscher Bundestag). The article traces the distinction's roots in legal conceptions that have shaped legal‐administrative thinking since the early days of the Etat de Droit or Rechstaat. It proposes a public‐interest‐regarding conception of discretion where, in an institutional context where courts’ reviewing role may be limited, discretion's relationship to law is a matter of how legal norms may operate in the spheres of discretion that they attribute to decision‐makers, rather than how courts may review an exercise of discretion.     

Delegated and Implementing Rule Making: Proceduralisation and Constitutional Design

The reform of non‐legislative acts introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union was guided by concerns regarding the democratic legitimacy of (lato sensu) implementing acts of the Union. However, it has ignored the centrality of transparency in the Union's democracy and the role of participation as a complementary source of democracy. This article argues that the procedures leading to the adoption of delegated and implementing acts are subject to the treaties' provisions on transparency and participation, and should be shaped by them. It analyses the constitutional choices underlying Articles 290 and 291, with a view to assessing whether and to what extent the material, organic and functional profiles of delegated and implementing acts condition procedural rules on transparency and participation to be followed in their adoption.     

Maternal and Family Correlates of Intrinsic Religiosity Profiles Among Low-Income Urban African American Adolescents

Journal of Youth and Adolescence - National trends show that African American adolescents, relative to most other demographic groups, are more religious, and show fewer declines in religiosity,...     

A novel fluorescence-based method in forensic science for the detection of blood in situ

Full DNA profiles can be generated from just a few cells; however these profiles can be contaminated from other cell types present at the crime scene. We report here on the development of an immunofluorescent technique to spatially locate human-specific blood in situ and also on the ability of this technique to detect individual leukocytes and the DNA contained within them. Four monoclonal mouse anti-human antibodies were evaluated; anti-glycophorin A to detect erythrocytes and anti-CD45, anti-myeloperoxidase (MPO) and anti-histone H1 to detect the nucleated leukocytes. Each antibody was labeled with either Alexa Fluor 488 or 568 for direct application to blood smears which allowed the simultaneous detection of erythrocytes and leukocytes. Furthermore, because histones are DNA binding proteins, the application of anti-histone H1 allowed the detection of DNA within a blood smear. Importantly it was found that full DNA profiles could be achieved after using this method with similar peak area ratios compared to untreated cells. The fluorescent antibodies were found to be human-specific with the exception of anti-histone H1 due to its conserved sequence. However, used in combination with anti-CD45 or anti-MPO the location of DNA from human-specific leukocytes could be detected. The technique was also tested on older blood stains and was still found to be sensitive and cell-specific after 4 months. Following the optimization of the methodology, the fluorescent antibodies were applied to short lengths of black cotton fibres covered with human blood spots. Although the background fluorescence from the cotton was found to be high, erythrocytes and even individual leukocytes could easily be detected, indicating that this technique could be used to detect extremely minute amounts of blood. Used in combination with laser capture microdissection (LCM), this method could be used to pick off individual leukocytes for LCN DNA techniques.     

Constitutionalising EU Executive Rule‐Making Procedures: A Research Agenda

The existence or non‐existence of procedural rules for executive rule‐making in the EU is not merely a ‘technical’ question free of constitutional value choices. This article argues that constitutional principles, such as transparency, openness and participatory democracy, highlighted by the Treaty of Lisbon constitute decisive normative standards for the design of administrative procedures in the EU, with a considerable impact on substantive outcomes. We apply such principles to executive rule‐making procedures in the EU, highlight the salience of this discussion and argue that systematisation of executive rule‐making procedures is needed in order to implement constitutional principles in a complex and plural environment.     

Offenders have higher delay‐discounting rates than non‐offenders after controlling for differences in drug and alcohol abuse

Purpose. Do criminal offenders discount future rewards more rapidly than non‐offenders? Theories of criminality assume that impulsivity is a key predictor of offending and suggest an affirmative answer, but there are no prior relevant studies with adult offenders and the only previous study with juveniles failed to find that offenders discounted delayed rewards more steeply than controls ( Wilson & Daly, 2006 ). Method. We measured rates of delay discounting for adult offenders incarcerated in two medium‐security facilities in New Zealand (n= 63) and non‐offender controls (n= 70) using a questionnaire which asked participants to nominate an indifference point – an amount of money to be received after a delay that was equal in value to an immediate amount – for immediate rewards varying from $500 to $4,000. Indifference points were converted to annual discounting rates. Self‐reported measures of alcohol and drug abuse were also obtained. Results. Offenders discounted future rewards substantially more than non‐offenders, and rates varied systematically with amount and delay for both groups, consistent with previous research. The difference in delay discounting between offenders and controls remained significant after controlling for self‐reported drug and alcohol use. There were no significant gender differences. Conclusions. These results suggest that offenders have a deficit in delay discounting, likely appearing in late adolescence or early adulthood, which may lead them to make suboptimal choices.     

The negative relationships between employee resilience and ambiguity,complexity, and inter-agency collaboration

Employee resilience (ER) is often needed to face demands inherent in public sector work. Some types of demands, however, may hinder its development, rather than provide the type of challenging adversity from which resilience can develop. Public sector job demands have been a long-standing issue for public workplaces and employees but are also growing in salience as organisations face an increasingly variable, uncertain, complex, and ambiguous environment. Drawing on the Job Demands–Resources model and the challenge/hindrance stress literature, this multi-level study of Aotearoa New Zealand civil servants (n = 11,533) in 65 public sector organisations shows that ER is negatively affected by demands such as job insecurity, unclear job and organisational goals, and inter-agency collaboration. However, organisational resource constraints are positively associated with ER. This study identifies core PA job and organisational demands that hinder ER and offers practical implications and suggestions for further research.

Points for practitioners

• Job role ambiguity, job insecurity, unclear organisational goals, and inter-agency collaboration are common job and organisational demands in public sector workplaces.
• For employees, these demands are stressors that employees do not feel they control, and may therefore hinder employee resilience: the ability to learn, adapt, and leverage networks in the face of challenges.
• Surprisingly, resource constraints, where employees have to ‘do more with less’, might help employees develop ER.
• While inter-agency collaboration has potentially many benefits, it appears to have negative spillover effects on employees unaware of it or not involved in it.
• To encourage ER, agencies should clarify both organisational and job goals, and assure job security, control, competency development, and supervisor support.