From Competition and Collusion to Consent-Based Collaboration: A Case Study of Local Democracy

The high distrust in political institutions and a growing sense of powerlessness among many citizens suggest that prevailing democratic governance systems lack a capability for collective dialogue and learning. The key thesis here is that public governance systems can benefit from organizational arrangements informed by circular design. A case study conducted at a Dutch municipality illustrates how principles of circular design served to enhance the city council’s role of orchestrator of civil participation. This case also illustrates how a local democracy, which has long suffered from majority–minority ploys and voting schemes, can be transformed into a consent-based culture of collaboration.     

The Effects of Employee Hours-of-Service Regulations on the U.S. Airline Industry

Maximum employee work-hour restrictions are implemented to reduce accidents. However, because they decrease the stock of work hours available to employers in the short run, they may also have detrimental effects. A quasi-experiment suggests that pilot hours-of-service reforms, which decreased the number of flights and hours a pilot may work, reduced consumer choice and increased fares in the airline industry. We find that regional and low-cost carriers reduced scheduled flight frequency, while less constrained legacy carriers (and potentially their wholly owned subsidiaries) were unaffected. Further, we find evidence that market concentration increased on many routes, implying that fare increases may be due to a decrease in competition. These findings suggest a situation where a policy implemented to correct one market failure, airlines not internalizing the full social costs of accidents by allowing dangerously fatigued pilots to fly, exacerbated another market failure by decreasing competition.     

Tort,Insurance and Ideology: Further Thoughts

This article explores the impact of insurance arrangements on the development of the law of obligations. It is accepted orthodoxy that the existence or otherwise of a duty of care in tort should be determined independently of the parties' underlying insurance arrangements. This article suggests that the traditional analysis is of limited value only, in that it fails to take full account of contractual arrangements which rest upon risk allocation backed by insurance; of the circumstances in which duties of care may arise; and of the relevance of insurance to the determination of the standard of care and causation principles. It is further suggested that insurance has a much greater part to play in the spreading of losses arising out of private suits than has to date been fully appreciated.     

Effects of hydrated lime and quicklime on the decay of buried human remains using pig cadavers as human body analogues

Recent casework in Belgium involving the search for human remains buried with lime, demonstrated the need for more detailed understanding of the effect of different types of lime on cadaver decomposition and its micro-environment. Six pigs (Sus scrofa) were used as body analogues in field experiments. They were buried without lime, with hydrated lime (Ca(OH)(2)) and with quicklime (CaO) in shallow graves in sandy loam soil in Belgium and recovered after 6 months of burial. Observations from these field recoveries informed additional laboratory experiments that were undertaken at the University of Bradford, UK. The combined results of these studies demonstrate that despite conflicting evidence in the literature, hydrated lime and quicklime both delay the decay of the carcass during the first 6 months. This study has implications for the investigation of clandestine burials and for a better understanding of archaeological plaster burials. Knowledge of the effects of lime on decomposition processes also has bearing on practices involving burial of animal carcasses and potentially the management of mass graves and mass disasters by humanitarian organisations and DVI teams.     

Trends in the Reaction on Crime in Criminal Justice Systems in Europe in 1990–2007: A Comparison of Four European Regions

Recorded crime and prison populations seem to be increasing in Europe. Some explanations for this situation can be related to changes in the reaction on crime by the Criminal Justice Systems. The information collected in the European Sourcebook of Crime and Criminal Justice Statistics (ESB) provides a good opportunity to look in more detail at the changes in the various stages of the Criminal Justice Systems in more than 40 European countries over the period 1990 to 2007. In this study we look mainly at the changes over time of recorded crimes, the offender ratio, the conviction ratio and punitivity in Europe where the countries are clustered into four regions: North/West, South, Central and East Europe. It was found that the increase in the number of recorded drug crimes and a possible higher priority for violent crimes could help explain the increase in recorded crimes during the last two decades. The Criminal Justice Systems in Europe, with some differences between regions within Europe and despite not having more police resources, succeed in finding more offenders. The conviction ratio appeared to be increasing as well, mainly in Central Europe. While punitivity for Europe as a whole is stable, there are vast differences in the levels and trends between the regions.     

E-Voting in der ?sonstigen Selbstverwaltung“ – Anmerkungen zum Beschluss des VfGH vom 30. Juni 2011, B 1149, und zum Erkenntnis des VfGH vom 13. Dezember 2011, V 85–96

Dieser Beitrag analysiert die Entscheidungen des VfGH vom 30. Juni 2011, B 1149, und vom 13. Dezember 2011, V 85–96 (ergangen zum Einsatz von E-Voting bei der ?H-Wahl 2009) im Hinblick auf folgende Fragen: