Representative Democracy as a Necessary Condition for the Survival of a Federal Constitution

It does not follow from the supposition that the union is beneficialthat its terms would go unchallenged by its members. The argumentin this article suggests that federal stability (robustness)requires for itself a well-functioning democratic process, whichsatisfies a fairly restrictive condition. A necessary conditionfor the resiliency of the federal regime is a representativedemocracy; furthermore, it is the representative democracy inwhich rewards to the representatives are only in part vestedin their parochial constituencies, while in the other part comeform other sources, e.g., from an oversized at-large coalition.The requirement to the democratic process is, of course, onlya necessary, not a sufficient condition for the federal success.Yet, we argue in this essay that only the states with well-developed(properly institutionalized) democratic electoral competitionhave a chance to form a resilient federal union and sustaintheir federal constitutional arrangements not just in form,but in their political practice as well.     

Translating Justice: The International Organization of Constitutional Courts

What is the international organization of national constitutional courts? This article develops a theoretical framework to analyze this question and tests it empirically with original data of translated opinions. Justices of different nations form an emerging epistemic community, which is congealed due to common practices as well as to competition and selectiveness throughout the judicial career. Opinions translated into English as the lingua franca are pivotal for communication within this epistemic community. Through engaging in a transnational judicial dialogue, and particularly as far as this dialogue concerns legal citations, this community uses international law as a key guide to finding equilibrium solutions at national and international levels. Five sources of international law overwhelmingly dominate. In addition, we find evidence in the collegial game within the different courts for the existence of a transnational epistemic community of Supreme Court justices.     

A Novel Application of a Cryosectioning Technique to Aid Scat Hair Microanalysis

Scat hair presents a diverse profile of hairs for morphological assessment that may find versatile applications in wildlife forensic investigations. Successful morphological assessment of scat hair microstructure, however, depends on a robust sectioning methodology. We assessed the feasibility and efficacy of a cryosectioning technique compared to that of a gold standard hand‐sectioning technique. Scat hairs were embedded in paraffin wax and hand‐sectioned, while cryopreserved scat hairs were sectioned with a cryostat. The results showed that cryosectioning preserved the pristine morphology of the scat hair and provided cross sections more amenable to high‐resolution imaging of hair internal microstructure than hand‐sectioning. The cryosectioning technique may find novel applications as a more reliable and robust technique to aid (i) scat hair internal microstructure analysis for cross‐referencing with species identification keys in wildlife forensic studies and (ii) downstream toxicological analysis in wildlife forensic studies as hair biochemistry is not altered during cryopreservation.     

An integrated approach to corporate due diligence from a human rights,environmental, and TWAIL perspective

Ten years since the adoption of the UN Guiding Principles on Business and Human Rights, we have witnessed an increasing trend in Europe toward the adoption of mandatory human rights and environmental due diligence. Focusing on due diligence legislation from France, Germany, Norway, and the EU, this article examines the extent to which these laws are laying the foundations for the articulation of an integrated, comprehensive, and robust framework that effectively fosters corporate accountability through preventing, addressing, and remedying corporate-related human rights and environmental harms. In this examination, we draw on international human rights and environmental standards and Third World Approaches to International Law, to identify the lessons learned from current approaches and that ought to be considered in future frameworks.