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.     

Identifying Successor Corporations Liable under CERCLA and Pursuing Insurance Coverage for That Liability

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) imposes liability well beyond general corporate successor rules. A company can allocate liability to other Potentially Responsible Parties as more culpable, taking advantage of CERCLA's joint and several liability. Often a source of recovery must be teased from a complex corporate history somehow connected to the site. This article examines the basis for attributing environmental liability to entities within a corporate history, before addressing how even a bankrupt or dissolved target may still have insurance that can be tapped. Similarly, CERCLA's strict liability enables recovery from insurance with some connection to either the target's or the company's corporate history, notwithstanding insurers' non-assignment arguments.     

Supreme Court Ruling Creates More Standing Room in the Already Heated Global Greenhouse Gas Movement

This article reviews the recent April 2, 2007 Supreme Court decision in the Massachusetts v. EPA, a highly important case regarding greenhouse gases. The case centered on the Court's review of EPA's denial of a petition to regulate greenhouse gas emissions from new motor vehicles. The Court required EPA to reconsider its denial. The Court found that. 1) the petitioners have standing to challenge EPA's denial of their petition; 2) the Court has the authority to review the denial of the petition; and 3) the Clean Air Act authorizes EPA to regulate greenhouse gas emissions from new motor vehicles. This article looks specifically at the Court's analysis of standing and jurisdiction by Justice Stevens, who wrote the Court's majority opinion, and two dissenting opinions by Justices Roberts and Scalia. Most interesting is how the closely divided Justices (5 to 4 decision) viewed, very differently, the issues regarding standing, the evidence that emissions from new motor vehicles are causing global warming and harm to Massachusetts, and the agency's judgment in denying the petition. Lastly, the article speculates on the impact of the decision and the current activities taking place at the state and regulated community level involving future regulation, litigation, and opportunities by various companies and coalitions to reduce greenhouse gas emissions. The article then presents five broad areas where companies that emit greenhouse gases should need to maintain or increase awareness to better position themselves in the global greenhouse gas movement.     

‘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.