Citizenship and Unauthorised Migration: a Dialectical Relationship

The relationship between citizenship and immigration law is often conceived as a conceptual dichotomy in which the former functions as the rhetorical domain of inclusion while immigration law does the dirty work of detention, deportation and snooping into peoples’ lives in order to uphold the inclusive values of the internal domain. States however employ a variety of practices of immigration control that infringe citizens’ rights and produce lasting dilatory effects on citizenship itself. Focusing on two specific case studies – racial profiling in identity checks carried out for immigration purposes and the standards of interpretation developed by the European Court of Human Rights in regard to the right to family life in expulsion cases – this article argues that current practices of immigration control result in a transformation of citizenship along racialised lines, which hollows citizenship's normative core of equality and liberty.     

The internationalization of science and its influence on academic entrepreneurship

We examine whether scientists employed in foreign countries and foreign-educated native researchers are more “entrepreneurial” than their “domestic” counterparts. We conjecture that foreign-born and foreign-educated scientists possess broader scientific skills and social capital, which increases their likelihood that they will start their own companies. To test this hypothesis we analyze comprehensive data from researchers at the Max Planck Society in Germany. Our findings provide strong support for the conjecture that academic entrepreneurship can be stimulated by facilitating the mobility of scientists across countries.     

Separation and structural characterization of the synthetic cannabinoids JWH-412 and 1-[(5-fluoropentyl)-1H-indol-3yl]-(4-methylnaphthalen-1-yl)methanone using GC-MS, NMR analysis and a flash chromatography system

The 'herbal highs' market continues to boom. The added synthetic cannabinoids are often exchanged for another one with a high frequency to stay at least one step ahead of legal restrictions. While most of these substances were synthesized for pharmaceutical purposes and have been described in the scientific literature before, others originate from clandestine laboratories supplying this lucrative market. In this paper, the identification and structure elucidation of two synthetic cannabinoids is reported. The first compound, 1-[(5-fluoropentyl)-1H-indol-3yl]-(4-methylnaphthalen-1-yl)methanone, was found along with AM-2201 in a 'herbal mixture' obtained via the Internet. For isolation of the substance from the mixture, a newly developed flash chromatography method was used providing an inexpensive and fast way to gain pure reference substances from 'Spice' products for the timely development or enhancement of analytical methods in the forensic field. The second substance, 4-fluoronaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-412) was seized by German authorities as microcrystalline powder, making it very likely that it will be found in 'herbal mixtures' soon.     

Offence Definitions in the European Sourcebook of Crime and Criminal Justice Statistics and Their Influence on Data Quality and Comparability

Reaching a high conformity of reported data for different offence groups with the standard definitions provided for these offences is a crucial issue in order to improve comparability of crime and criminal justice data from official sources between countries. Based on data and metadata collected for the European Sourcebook of Crime and Criminal Justice Statistics (ESB), this article takes a close look at the offence definitions used in the 4th edition Sourcebook. After an overview on ESB methodology, namely on questionnaire design and data validation procedures, the general structure of offence definitions in the ESB context is shown and changes compared to earlier editions are explained. Afterwards, ESB data and definition metadata are used to check the quality of the definitions used. Overall and item conformity rates for each offence definition are calculated and assessed. Missing data rates as another indicator for quality problems of definitions are also evaluated. Then, variation coefficients for the different offence groups are compared and critically assessed. The final part of the article contains a view on the distribution of conformity with definitions across Europe. Altogether, offence definitions in the ESB turn out to work very well. Conformity rates tend to be high and variation coefficients are mostly quite uniform for the different offence categories. However, some problematic offence definitions can be identified. As a result of regional analysis it can be shown that conformity rates across Europe do not vary randomly, but follow a certain pattern.     

Participatory system dynamics modelling for dairy value chain development in Nicaragua

The use of system dynamics tools can add valuable insights when identifying and evaluating priorities for pro-poor value chain upgrading. However, to better understand the complex systems in agricultural value chains and to develop useful models, a participatory modelling process is important. This article highlights the group model building process of the dairy value chain in Matiguás, Nicaragua, one of a few examples of participatory model building in developing countries. The results confirm several benefits with participatory system dynamics modelling, including team learning, a greater understanding of the value of modelling, and a tool for decision-making and priority setting.     

Free choice of legal fee shifting rules?

In every country in the world parties to private litigation are subject to a predetermined fee shifting regime. While there are no institutionalized opt-out provisions so far, we demonstrate that such provisions could improve welfare. We argue that private negotiations are not a viable alternative to such opt-out provisions. We derive the conditions under which welfare improvements occur and suggest an applicable design for such an opt-out scheme.     

AGAINST THE SPIRIT OF LOCAL GOVERNMENT: THE MAKING OF TASMANIAN TOWN AND COUNTRY PLANNING LEGISLATION

Abstract: Town planning as part of a wider program of postwar reconstruction gained support in Tasmania in the 1940s. This support resulted in the passage of the Town and Country Planning Act 1944, the first major major piece of town planning legislation in Tasmania. This article examines the background to this statute, focusing on the deliberations of a joint committee of parliament appointed to hear the views of interested parties on town planning. Particular attention is devoted to the dispute over whether municipal councils or a town planning board with wide powers should regulate town planning. The land use planning reforms introduced in 1993 are also assessed.     

The Optional European Code on the Basis of the Acquis Communautaire—Starting Point and Trends

Abstract:  The idea of creating a European Code for contract law, though recent, has gathered pace. Although most work towards this goal has so far assumed that the principles should be constructed through critical comparative law studies of the existing contract laws of Member States, it is argued here that the acquis communautaire provides a modern and democratically endorsed collection of principles, which can be quite well systematised, that should provide the starting-point for scholarly endeavours towards the construction of a code of contract law.