Federalism and the European Union: A constitutional perspective

Constitutional questions have resurfaced in the last few years with regard to the European Union. The Maastricht Treaty is a kind of constitutional reform. The rejection of this treaty by Denmark in its first referendum, and the subsequent debate of the treaty that has taken place, raise questions about both the nature of the European Union, and the process by which its rules (constitution) get revised and approved. Similar questions surround the entry of Austria and the three, additional Scandinavian countries into the Union. Perhaps, no event called the European Union's constitution, or lack thereof, into question more that way in which a new President of the Commission was chosen during the summer of 1994. This paper will reexamine the European Union's structure and procedures from a constitutional perspective. Drawing upon the author's recently completed book, Constitutional Democracy, the paper will review the purpose for the Union's existence, the implications of this purpose for the structure of the Union (federalism versus confederation), the rules for making collective decisions in the Union, citizenship, and in particular, the procedures by which the European Union's “Constitution” is written and revised. The constitutional perspective adopted is taken from public choice. The political institutions of the European Union are examined relative to those rational, self-interested individuals would choose to advance their interests.     

Caring for the orphan in the Philippines:A Policy-Capacity review

Using synthesis and an integrative approach, the article analyzes laws, policies, and institutions that protect the rights and promote the welfare of orphaned children in the Philippines. The article undertakes an exploratory review of the potential and contemporary impacts of colonialism, imperialism, feudalism, and capitalism on child and youth welfare and describes the conditions and difficulties Filipino children face in the current policy environment. To address these conditions and difficulties, the article offers a synthesis of potential and ongoing policy-capacity solutions in orphan and youth care, such as implementing a strong social supporting structure to grandparents as first caregivers, strengthening a mixed welfare system on orphan care, and legislating a national orphan policy.     

Requisites of radical reform: Income maintenance versus tax preferences

Why did tax reform succeed in gaining passage while the family assistance plan failed? Using cultural theory, we argue that the active consent of elites from three political cultures is required before radical policy proposals will win political support in America. Although the Nixon administration cast the income maintenance plan in integrative terms—support for the family—it failed because egalitarian leaders demanded more. Tax reform succeeded because elites of the three cultures—individualists, egalitarians, and supporters of hierarchy—saw benefits in the plan and were willing to compromise.     

Utilizing the urinary 5-HTOL/5-HIAA ratio to determine ethanol origin in civil aviation accident victims

Specimens from fatal aviation accident victims are submitted to the FAA Civil Aerospace Medical Institute for toxicological analysis. During toxicological evaluations, ethanol analysis is performed on all cases. Care must be taken when interpreting a positive ethanol result due to the potential for postmortem ethanol formation. Several indicators of postmortem ethanol formation exist; however, none are completely reliable. The consumption of ethanol has been shown to alter the concentration of two major serotonin metabolites, 5-hydroxytryptophol (5-HTOL) and 5-hydroxyindole-3-acetic acid (5-HIAA). While the 5-HTOL/5-HIAA ratio is normally very low, previous studies using living subjects have demonstrated that the urinary 5-HTOL/5-HIAA ratio is significantly elevated for 11-19 h after acute ethanol ingestion. Recently, our laboratory developed and validated an analytical method for the simultaneous determination of both 5-HTOL and 5-HIAA in forensic urine samples using a simple liquid/liquid extraction and LC/MS/MS and LC/MS/MS/MS. In this previous work a 15 pmol/nmol serotonin metabolite ratio cutoff was established in postmortem urine, below which it could be conclusively determined that no recent antemortem ethanol consumption had occurred. In the current study this newly validated analytical method was applied to five ethanol-positive aviation fatalities where the origin of the ethanol present could not previously be conclusively determined. In four of the five cases examined the detected ethanol was demonstrated to be present due to postmortem microbial formation, and not consumption, even though some indication of ethanol consumption may have been present.     

A re-examination of the MMPI-2 aggressiveness and immaturity indices in law enforcement screening

This study reports an analysis of Bartol's (1991) Immaturity Index and Hargrave and associates' (1988) Aggressiveness Index as a measure of police conduct. The correlations between the supervisory ratings and the Immaturity and Aggressiveness indices were examined for 1020 law enforcement officers. The results showed that Immaturity Index was related to termination for failure to complete training and insubordination. The Aggressiveness Index was related to a termination for failure to complete training and several other problematic police behaviors, but was not found to be specifically linked with acts of aggression. Implications for using these two indices in law enforcement selection are discussed. Authors' Note: Cary Rostow, Ph.D. is president of Matrix, Inc., Baton Rouge, Louisiana, and is in private practice in Baton Rouge. Robert Davis, Ph.D., is executive vice-president and director of science, research, and development for Matrix, Inc., and has a private practice in Baton Rouge. James B. Pinston, Ph.D., is a clinical neuropsychologist within the department of neurology at the Louisiana State University Health Sciences Center and School of Medicine in Shreveport, Louisiana. Dennis R. Combs, Ph.D., is an assistant professor of psychology at the University of Tulsa. Dennis R. Dixon, M.A., is currently a doctoral student at Louisiana State University.     

Introduction: A Tribute to Roberta Kevelson

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Clinically Significant Trauma Symptoms and Behavioral Problems in a Community-based Sample of Children Exposed to Domestic Violence

This study assessed the associations of characteristics of domestic violence incidents with clinically significant levels of traumatic symptoms and behavioral problems in a socio-economically and ethnically mixed sample of 687 children participating in a community-service program for children witnessing violence. Study predictors included child/family demographic characteristics, type and chronicity of exposure, and child’s perceptions of control over the event and threat to personal safety. Outcomes consisted of traumatic symptoms and behavior problems. Results showed that perceived threat and control were associated with greater odds of clinically significant levels of several trauma symptoms (and behavior problems in the case of perceived threat) after adjusting for effects of demographic factors and violence characteristics. Child co-victimization increased odds of reaching clinically significant levels of traumatic symptoms compared to children who witnessed the event but were not victimized. Female sex and White ethnicity increased odds of specific trauma symptoms and behavior problems. Increasing age reduced odds of some trauma symptoms. Associations between predictors and one outcome measure did not generalize across the other outcome measure. Implications of study findings, and directions for future research are discussed.