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.     

Political and public acceptability of congestion pricing: Ideology and self‐interest

Studies of the “stated preferences” of households generally report public and political opposition by urban commuters to congestion pricing. It is thought that this opposition inhibits or precludes tolls and pricing systems that would enhance efficiency in the use of scarce roadways. This paper analyzes the only case in which road pricing was decided by a citizen referendum on the basis of experience with a specific pricing system. The city of Stockholm introduced a toll system for seven months in 2006, after which citizens voted on its permanent adoption. We match precinct voting records to resident commute times and costs by traffic zone, and we analyze patterns of voting in response to economic and political incentives. We document political and ideological incentives for citizen choice, but we also find that the pattern of time savings and incremental costs exerts a powerful influence on voting behavior. In this instance, at least, citizen voters behave as if they value commute time highly. When they have experienced first‐hand the out‐of‐pocket costs and time savings of a specific pricing scheme, they are prepared to adopt freely policies that reduce congestion on urban motorways. © 2010 by the Association for Public Policy Analysis and Management.     

When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union

Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the “hollowing out” of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU.     

Domestic relations in Brazil: legacies and horizons

Grounded in literature review and an ethnographic study, this article examines contemporary Brazilian domestic life. Relations among women (employers and maids) and between women and men are analyzed with a focus on the home as a space in which gender, race, and class inequalities are constantly reproduced. The article argues that what happens in domestic life is constitutive of wider social divisions and that the domestic is a universe integral to the national social context. A case in point is the connection between the widespread use of paid domestic labor and the naturalization of black women as subservient, complementing the pairing of whiteness and class entitlement. Another case is the buffering role of maids in the development of gender conflicts in well-off homes, thus blurring gender hierarchies at a broader scale. Locating the domestic within the recent discussion on global domestic labor, the article compares particularities of Brazilian domestic life to those elsewhere.     

Democracy and mediation in territorial civil wars in Southeast Asia and the South Pacific

The awarding of the 2008 Nobel Peace Prize to former President Martti Ahtisaari, Finland, cites his involvement in the settlement of the Aceh conflict. This at the same time highlights the lack of such efforts in the regions of Southeast Asia and the South Pacific. While internal conflicts throughout the world often tend to be resilient to conflict management initiatives, conflicts in the Asia-Pacific region have proven to be particularly difficult to resolve. Internal conflicts in Southeast Asia and the Pacific often concern territorial issue, for instance, East Timor and ethnically based conflicts in Myanmar. This is also true for conflicts in the South Pacific, notably in Bougainville (Papua New Guinea) and New Caledonia (France). Territorial conflicts last longer, are more difficult to manage, and generally produce more adverse consequences than those over other issues such as ideology, government, and national power. Further, conflicts in this region appear to be of low priority for third parties, with comparatively few interventions from third parties. The strong central governments seem to be a factor in preventing mediation-based solution to such conflicts. Nevertheless, there are reasons to be optimistic. Third party mediation, democratization, and the recent success in Aceh provide promise for the future, and the recent Nobel Prize confirms this.     

Traceability and foreign corporate accountability in mineral supply chains

Industrialized economies in the EU depend heavily on imports of minerals. The extraction and parts of the transport and processing of these minerals take place in the Global South and often bear high human rights and environmental risks. A lack of traceability in mineral supply chains makes it particularly difficult to hold companies accountable for negative environmental and social impacts of their operations and those of their suppliers. This paper analyses three mineral supply chains (copper, platinum, and gold) in order to develop propositions about how supply chain-specific characteristics affect traceability and foreign corporate accountability (FCA) in mineral supply chains. The analytical framework focuses on three dimensions: geopolitical dynamics, industry characteristics, and private governance mechanisms. The authors argue that chain-specific characteristics may foster or thwart traceability and FCA in mineral supply chains and thus provides a novel contribution to the debate on traceability and accountability in mineral supply chains.     

Violent Victimization and Perpetration: Joint and Distinctive Implications for Adolescent Development

To date few reports have provided direct comparison of psychosocial vulnerability and resources among youth with victimization and perpetration histories. Within a racially diverse, high-risk adolescent sample (n = 849), this study undertakes MANCOVA tests on a multidimensional set of risk and protective factors contrasting youth with histories of 1) neither violent victimization nor perpetration, 2) victimization only , 3) both perpetration only, and 4) both victimization and perpetration. All three violence-affected groups reported elevated risk and diminished protection, with perpetrating victims demonstrating the greatest psychosocial impairment. Detailed contrasts among the youth group profiles provide insights regarding overlapping and distinct developmental etiologies and implications for preventive and remedial intervention.     

Injury‐Related Healthcare Use and Risk of Filicide Victimization: A Population‐Based Case–Control Study

Research on child‐related risk factors for filicide is scant. We investigated whether prior healthcare use for injury (including poisoning) influences filicide risk. Victims (0–14 years; n = 71) were identified in a national autopsy database for the years 1994–2012 and compared to matched, general population controls (n = 355). Healthcare use data were retrieved from a national patient registry. Risks were estimated using odds ratios (ORs) and 95% confidence intervals (CIs). For females, prior inpatient care for injury conferred a statistically significant sevenfold risk (OR = 6.67 [95% CI: 1.49–29.79]), and any prior injury‐related healthcare use conferred a statistically significant fourfold risk (OR = 3.57 [95% CI: 1.13–11.25]), of filicide victimization. No statistically significant risks were found for males. Healthcare personnel should be aware that children treated for injuries, especially females, may be at an elevated risk of filicide victimization. Nevertheless, the filicide base rate remains low, and parents may be stigmatized by unfounded alerts; thus, prudent reflection should precede reports to the authorities.     

Professionalizing Arts Management in Healthcare Facilities

An urgent need exists for trained specialists to manage organizational policies and practices involving arts programs and activities in healthcare facilities. This article introduces the field of arts in health and argues for what is currently needed within the academic and professional field of arts management to advance this emerging arena of arts management theory and practice. The authors integrate key references from existing scholarship alongside additional survey data to offer recommendations for developing professional management of the arts in healthcare facilities like hospitals, hospices, and long-term care centers. The article provides an overview of the responsibilities of arts managers in healthcare institutions, as well as insight into the knowledge, competencies, and skills that arts managers require to effectively work in these settings. The article concludes with articulating a conceptual framework for a long-term research trajectory to inform further advancement of this distinct sub-field of arts management.