Constitutionalizing Employment Relations: Sinzheimer, Kahn-Freund, and the Role of Labour Law

Hugo Sinzheimer and his one-time student Otto Kahn-Freund are widely regarded as the founding fathers of German and British labour law respectively. While, at first glance, the two scholars might appear to have advocated rather different approaches to the regulation of employment relations, a review of their work reveals that both argued, in essence, for the 'constitutionalization' of those relations. Both argued, in other words, for the removal from the economic sphere of the otherwise inequitable consequences of the functioning of private law, so that collectivized labour might participate with capital, on a parity basis, in the autonomous regulation of the economy.     

Managing generic competition and patent strategies in the pharmaceutical industry

Legal context: The income streams of originating pharmaceutical manufacturersare under pressure as never before, from increasing R&Dcosts, regulatory pressures, and competition from generic manufacturers.This article examines the various strategies which originatingpharmaceutical manufacturers have adopted in response to thesethreats. Key points: The authors consider various strategies, including SupplementaryProtection Certificates, life-cycle management (‘evergreening’),second pharmaceutical use claims, trade marks, and the use ofdata exclusivity and interim injunctions, in order to prolongthe protection given to existing products, and to manage competitionfrom generic manufacturers. Practical significance: The authors also include two real-life case studies in orderto illustrate the practical applications of the strategies discussedin the article.     

‘Austria First’ revisited: a diachronic cross-sectional analysis of the gender and body politics of the extreme right

ABSTRACT

In this paper, Rheindorf and Wodak provide a discourse-historical analysis of extreme-right cultural politics in Austria, ranging from the blatant racism in the speeches of Vienna’s former Deputy Mayor Johann Gudenus (now MP in the Austrian parliament) to the construction of an idealized national body in the election campaigns of the Freiheitliche Partei Österreichs (FPÖ), its programmatic agenda in handbooks and pamphlets, and the performances of far-right pop singer Andreas Gabalier. Rheindorf and Wodak argue that such cultural politics use a wide spectrum of discursive strategies both inside and outside established party politics and that the accompanying production of an ideal extreme-right subject is informed by nativist ideology. The cross-sectional analysis demonstrates that the cultural politics of the Austrian extreme right ranges from appropriated national symbols to coded National Socialist iconography. These politics pervasively construct a gendered and racialized national body, policed by a ‘strict father’ and nurtured by a ‘self-sacrificing mother’, vis-à-vis an apocalyptic threat scenario identified with migration, intellectual and political elites, cosmopolitanism and progressive gender politics.     

Correction to: Mass Media and Electoral Preferences During the 2016 US Presidential Race

Political Behavior - This erratum provides additional analysis and clarification relating to the original version of the article.     

Market segmentation and lender specialization in the primary and secondary mortgage markets

Abstract

This paper provides a comprehensive evaluation of market segmentation and lender/purchaser specialization in the primary and secondary mortgage markets. It describes and assesses the 1990 Home Mortgage Disclosure Act (HMDA) data, which for the first time provide detailed information on the borrower and neighborhood racial and income characteristics of mortgage loan originations and securitizations in the primary and secondary mortgage markets. Evidence presented in the paper indicates that home purchase loan origination rates for black applicants—and, to a lesser degree, Hispanic applicants—appear to be significantly lower than those of other racial or ethnic groups. Similarly, the HMDA data reveal that home purchase mortgage origination rates in predominantly minority census tracts are significantly lower than those in predominantly white neighborhoods. The HMDA data also indicate a striking reliance of black borrowers on government‐backed forms of mortgage credit.

The paper further reveals that secondary market loan purchase distributions arrayed by borrower and neighborhood characteristics generally reflect those of home mortgage originations. The borrower and locational characteristics of home purchase loans acquired by the Government National Mortgage Association (GNMA) directly reflect that agency's legislated specialization in government‐backed loans, whereas the characteristics of loans acquired by Fannie Mae and Freddie Mac for the most part derive from the borrower and geographic composition of conventional home purchase loan originations. Findings of analyses of HMDA data raise concern regarding the access of minority and low‐income households and neighborhoods to mortgage finance. Those results also raise some question as to whether the federally chartered agencies in the secondary market are adequately promoting the availability of mortgage credit to low‐ and moderate‐income and minority households.