Parenting in Dependency Drug Court

The Dependency Drug Court (DDC) in Miami, Florida, addresses the needs of families affected by substance abuse through a comprehensive and therapeutic approach. The DDC works with community agencies to provide services that effectively treat the family as a unit. This article discusses the process of adapting a parenting program to meet the needs of families in the DDC.     

Passports, Mobility, and Security: How smart can the border be?

After September 11, 2001, a great deal of public and policy attention has been devoted to border security, passports, and the global mobility regime. This article examines the context of the global regulation of movement of individuals and the evolution of the passport in particular. It then examines the current American border security architecture. The creation of the Homeland Security Department reflects a sea-change in the view of the border, and these new policies are evaluated in regard to three cases: the U.S./Canada border, the document/examination policies at the American borders, and the European Schengen mobility regime.     

Verjährung und Treu und Glauben

Eine gegen Treu und Glauben versto?ende Berufung auf den Ablauf der Verj?hrungsfrist liegt vor, wenn die Fristvers?umnis auf ein Verhalten des Gegners zurückgeht. Erforderlich ist ein Verhalten des Anspruchsgegners, durch das der Anspruchsberechtigte veranlasst wurde, seine Forderung nicht fristgerecht geltend zu machen; dabei genügt es, wenn der Gl?ubiger nach objektiven Ma?st?ben der Auffassung sein konnte, sein Anspruch werde befriedigt oder nur mit sachlichen Einwendungen bek?mpft. Bei pflichtwidriger Anlageberatung kann der Gesch?digte den Vertrauensschaden verlangen.     

National Minorities and International Change: Being Ukrainian in Contemporary Poland

This article explores the question of how the dynamic of interstate relations affects the domestic processes of minority mobilisation. It analyses Ukrainian minority activism in contemporary Poland against the background of the changing relations between Poland and Ukraine. The article argues that the influence of interstate relations on Ukrainian minority activism is more complex than a traditional view of national minority politics would lead us to presume. Starting from this case study, the article argues that there is a need for a contextual and process-oriented understanding of the categories commonly deployed in the study of minority politics in the region.     

Bring Down The Walls!--On the Ever-increasing Dynamic between the National and International Domains

Picking up where the transnational law movement left off, thisarticle seeks to further bring down the conceptual walls whichdoctrine has established at the nexus between the national andinternational domains.This article examines received wisdomon the status as a subject of public international law and arguesfor such status and attendant immunity for non-governmentalorganizations when performing de jure imperii tasks on the internationalarena. Furthermore, it demonstrates how public internationallaw disputes between States may be resolved in the domesticCourts of the defendant State. Finally, the article shows howthe Statute of the International Criminal Court straddles thedomestic and international domains by creating norms ultimatelyenforceable towards individuals regardless of whether the normswere incorporated or transformed domestically. It expressesthe hope that the Statute will be followed by many brethren!     

“We two will never twin”: Fundamentalism and the politics of security

Tell me your enemy and I will tell you who you are. This article takes issue with the significant but often disavowed symbiotic relation between two contemporary enemies: fundamentalism and the politics of security. We start with a metaphorical twinning, showing how these two enemies create, provoke, mimic and ultimately support each other. Then, by way of a discourse analysis, we show the way religion functions in Bush's and Bin Laden's discourses. Our claim is not (only) that the discourse of security is as religious as Bin Laden's but that politics of security as such is the religion of our times. We conclude by arguing that the dyadic interdependence between the two fundamentalisms—Islamic and securiticised—is dissolving the democratic habitus in a post-political condition, a condition devoid of self-reflexivity.     

The relevance of the detection of troponins to the forensic diagnosis of cardiac contusion

The forensic diagnosis of cardiac contusion has hitherto been based mainly on anamnesis, concomitant thoracic injuries and the detection of macroscopic changes to the heart. Parallel histological and serological investigations of the heart-specific troponins have been conducted with varying results. This paper aims to show whether heart-specific troponins are suitable as a means of securing the diagnosis in proven cases of cardiac contusion and of determining which of the three heart-specific troponins cTnT, cTnI and cTnC are most significant in serology and histology for postmortem diagnosis.In the study, 25 cases of known cardiac contusion and 11 controls without vital myocardial trauma taken from autopsy material were prospectively investigated. Investigation of the venous serum revealed significant differences in the concentrations of the case and control groups for troponin T (mean value 5.5056 versus 0.4982; p = 0.014), for troponin C (mean value 263.9280 versus 68.5640; p = 0.001) and for troponin I (mean value 1404.0560 versus 36.1650; p = 0.003). In histology there are also significantly different depletions between the groups investigated (cTnT: p = 0.002; cTnC: p = 0.003; cTnI: p < 0.001) taking into account the autolysis time.     

Development as institutional change: The pitfalls of monocropping and the potentials of deliberation

Development theory has moved from a single-minded focus on capital accumulation toward a more complex understanding of the institutions that make development possible. Yet, instead of expanding the range of institutional strategies explored, the most prominent policy consequence of this “institutional turn” has been the rise of “institutional monocropping”: the imposition of blueprints based on idealized versions of Anglo-American institutions, the applicability of which is presumed to transcend national circumstances and cultures. The disappointing results of monocropping suggest taking the institutional turn in a direction that would increase, rather than diminish, local input and experimentation. The examples of Porto Alegre, Brazil, and Kerala, India, reinforce Amartya Sen’s idea that “public discussion and exchange” should be at the heart of any trajectory of institutional change, and flag potential gains from strategies of “deliberative development” which rely on popular deliberation to set goals and allocate collective goods. Peter Evans teaches in the Sociology Department at the University of California, Berkeley, where he holds the Marjorie Meyer Eliaser Chair of International Studies. He is currently exploring the role of labor as a transnational social movement. His earlier research has focused on the role of the state in industrial development, an interest reflected in his bookEmbedded Autonomy: States and Industrial Transformation (Princeton University Press 1995). He is also interested in urban environmental issues, as indicated by the recent edited volume,Livable Cities: Urban Struggles for Livelihood and Sustainability (University of California Press 2002). I would like to thank the editors, Atul Kohli, Dani Rodrik, and Anne Wetlerberg for their valuable comments and suggestions. Remaining analytical and empirical errors are, of course, my own. For an earlier effort (in Portugese) to make this argument, see Evans 2003.     

Interest-Based Negotiations in a Transformed Labor–Management Setting

The authors introduce a group of essays that evolved from a March 2003 symposium on the path-breaking new partnership and use of interest-based negotiation (IBN) at Kaiser Permanente (KP), one of the largest integrated health care programs in the United States. They briefly trace the history of the IBN approach (both success stories and failures); the growth of this phenomenon; and its use in collective bargaining settings. The KP case, the focus of the symposium (which was jointly sponsored by MIT's Institute for Work and Employment Relations and Harvard's Program on Negotiation), is by far the largest instance of the use of IBN in U.S. labor relations history.     

The Responsible Subject As Citizen: Criminal Law, Democracy And The Welfare State

This paper seeks to explain two problems posed by the history of criminal law doctrine by situating them in the context of the political sociology of citizenship. First, the paper outlines the logical connection between the rise to doctrinal orthodoxy of the idea of the responsible subject and the contemporaneous emergence of universal political citizenship. Secondly, it argues that subjectivist orthodoxy in doctrine may be reconciled with the apparently antithetical forms of regulatory strict liability law within the terms of 'modern democratic citizenship' as the latter were conceptualised by T. H. Marshall. Finally, by means of a comparison with Alan Brudner's recent philosophical rationalisation of the modern criminal law, it proposes that situating the criminal law in its environment of citizenship will help us to understand better the tensions that underlie contemporary challenges to its doctrine.