A tragedy of the anticommons: local option taxation and cell phone tax bills

When multiple taxing jurisdictions overlap and fail to account for one another’s actions, they over-tax the common base. This is a prediction of the anticommons model, in which numerous parties have authority to exclude others from using a resource. This model further predicts that when governments over-tax the base, private parties will underutilize the resource, and underutilization will be greater as the number of parties with exclusion rights rises. We test these predictions by studying cell phone taxation and local option tax authority, which allows some cities, counties, and special-purpose districts to levy taxes on cell phone use. Consistent with theory, we find that the tax rate on cell phone service is higher when local governments have the option to tax. Further, the percentage of households owning cell phones is lower when there is the local option to tax, and ownership rates fall with the number of taxes levied.     

Sickness Absence and the Court of Justice: Examining the Role of Fundamental Rights in EU Employment Law

Being absent from work due to sickness is a critical issue for individuals and their employers, but it has traditionally fallen outside the scope of EU employment legislation. This article argues that this is changing; it examines case‐law under the Working Time and Employment Equality Directives. The article considers the justifications that the Court of Justice has advanced to explain this expansion in EU employment law. It finds that the Court has, at times, invoked fundamental social rights as a basis for interpreting employment legislation in a manner favourable to workers. Yet the way in which the Court deploys rights‐based reasoning can be difficult to anticipate, not least the countervailing weight attached to the interests of employers. The case studies indicate that fundamental rights discourse offers a possible foundation for more extensive readings of employment legislation, but it is not a simple ‘trump card’ for advocates of stronger worker protection.     

Self‐Determination in the Constitutional Future of the EU

This article analyses three prominent proposals for the functional and political transformation of the EU from a constitutional perspective. It argues that existing EU reform proposals, to varying degrees, entrench rather than reverse the challenges to individual and political self‐determination brought about by the EU's response to its Euro crisis. As the article will conclude, challenging ‘authoritarian liberalism' in an EU context may require the development of a constitutional structure for the Union able to contest, rather than set in stone, the EU's existing economic and political goals.     

Seeing Like an Orientalist State: The Three Deaths of Neda Agha-Soltan

On June 20, 2009 one image became a symbol of violence, as well as a rallying cry for a movement that contested the disputed election of hardline Iranian President Mahmoud Ahmadinejad. The image captured the murder of a 26 year old protester named Neda Agha-Soltan, and showed a first-hand account, in bloody detail, of the savagery of state killing. With the help of social media, the video received mass attention from news organizations in the United States by June 22, 2009. Cursory analysis of the New York Times and The Washington Post, representation of Neda’s death, reveals an Iranian government that was unafraid to violently repress a democratic movement. It is my contention here that such a construction was framed by an Orientalist discourse which helped to fabricate three distinct deaths of this murdered protester. First the lasting images of death became a symbol of freedom; Neda’s second death showed a grievable life, one that provided an emotional space for a US audience; and finally her third death which became a means of defining and (re)stabilizing Orientalized perceptions of Iran as violent and barbaric. Ultimately, these three deaths became an instrument that would help justify the call for US intervention on behalf of Western morality and humanitarian aid.     

Voluntary and involuntary resettlement in China: a false dichotomy?

The success of involuntary resettlement is contingent on recasting the involuntary as voluntary. To explore this proposition, this article presents two projects in China – one “voluntary” (Poverty Alleviation Resettlement or PAR) and relatively “successful” and one “involuntary” (Three Gorges Project Resettlement or TGPR) and less so. The research finds the voluntary–involuntary dichotomy a false one. It is not volition that leads to better outcomes, but people-centred practices that are embedded in policy, planning, and implementation of PAR. Perhaps the most important lesson drawn is that all resettlements should be based on a commitment to settlement and not just resettlement.     

Ökonomisches Kapital der Eltern und Medizinstudium im Ausland. Wie Europäisierungs- und Globalisierungsprozesse die Reproduktion sozialer Ungleichheiten verändern

The fact that university degrees are accepted throughout Europe has led to the founding of medical faculties, especially in Central and Eastern Europe, that offer medical studies in German or English and thus attracting students from richer Western European countries like Germany. Unlike medical studies in Germany, access to these foreign universities is not dependent on the final school exam grade, but on the ability to pay high tuition fees. The article compares the social class background of medicine students in Germany with German medicine students in Hungary. The analysis shows that the percentage of medicine students who come from higher social classes is even higher in Hungary than it already is in Germany. Studying medicine in Hungary primarily serves as an immediate reproduction of the parents’ profession as many of German medicine students in Hungary have a parent who belongs to the medical profession. The case of German students studying medicine abroad illustrates how Europeanization and Globalization have changed the reproduction of social inequalities; upper classes profit most from the new opportunities.     

Konsekrationsinstanzen im digitalen Wandel – Beiträge zur Erweiterung des feldanalytischen Forschungsprogramms am Beispiel populärer Musik

The article has two objectives: First, pursuant to the recent papers on a “sociology of (e)valuation,” an extension of Bourdieusian field theory will be presented, which reacts to three problems with this theory that were expressed in the critical reception: the immanent tendency to emphasize reproduction more strongly than transformation; the disregarding of technology; and the simple dualism of cultural and economic logic. To begin with, a dynamization of the research program will be undertaken, in that fault lines and transformation dynamics will be revealed that could lead to the invalidation of Pierre Bourdieu’s strict homological assumptions. Following up on that, it will be shown how technology, which was neglected by Bourdieu, can become an (external) factor that causes fundamental changes in fields. Finally, in connection with Jörn Lamla’s reflections on “cultural capitalism” and through a differentiation of the concept of the instance of consecration, a level of analysis will be specified on which the transformation dynamics under discussion can be observed. Secondly, the successful integration of technology in new forms of consecration in the field of pop music will be examined. On the basis of the reaction of classical pop-music journalism to the new value assignment instances that have arisen through digitalization, it can be shown that the challenge arising from new forms of consecration results in negotiatory processes in the field of pop music journalism in which various repositionings in the relationship of cultural and economic logics appear.