(De)Composing Public Value: In Search of Basic Dimensions and Common Ground

ABSTRACT

In re-emphasizing public organizations’ societal and related normative functions, public value (PV) discourse is one way of approaching public sector performance. Although PV research is flourishing, empirical studies are still lacking. We provide evidence of the basic dimensions of PV creation in Germany's Federal Labor Agency. The results suggest a three-part factor structure and a second-order factor, indicating a broad notion of performance across different constituencies. The factors provide a framework to measure any public organization's perceived PV contribution. Our study complements the existing process perspective of PV, as developed by Moore (1995).     

Do Minority Cabinets Govern More Flexibly and Inclusively? Evidence from Germany

A widespread view in political science is that minority cabinets govern more flexibly and inclusively, more in line with a median-oriented and 'consensual' vision of democracy. Yet there is only little empirical evidence for it. We study legislative coalition-building in the German state of North-Rhine-Westphalia, which was ruled by a minority government between 2010 and 2012. We compare the inclusiveness of legislative coalitions under minority and majority cabinets, based on 1028 laws passed in the 1985–2017 period, and analyze in detail the flexibility of legislative coalition formation under the minority government. Both quantitative analyses are complemented with brief case studies of specific legislation. We find, first, that the minority cabinet did not rule more inclusively. Second, the minority cabinet’s legislative flexibility was fairly limited; to the extent that it existed, it follows a pattern that cannot be explained on the basis of the standard spatial model with policy-seeking parties.     

German Supreme Court stands firm on liability for unjustified warning letters

In one of its very rare decisions, the Grand Senate of the GermanSupreme Court has ruled that intellectual property right ownersface damages claims if they issue warning letters in cases wherethere is no infringement and the claim has been brought at leastnegligently, thus putting an end to the tendency in some Germancourts—including the First Senate of the German SupremeCourt itself—to lessen the liability of senders of unjustifiedwarning letters.     

Justice and Public Opinion from a Comparative Perspective

Toril Aalberg’s book links a wide array of issues and perspectives that conventionally are kept apart. She combines normative theory with empirical justice research, takes a longitudinal as well as a cross-national perspective, and she discusses her results against the background of the socio-structural and institutional context. The book provides a detailed picture of the attitudinal landscape and is a rich source of comparative data on social justice attitudes. The exceptionally wide variety of approaches that are used represents an asset of this analysis and addresses the need for an encompassing view on the issue of justice. At the same time, when recapitulating the results, it becomes evident that this strategy also entails dangers: Aalberg’s approach requires a more comprehensive conceptual framework that allows a coherent interpretation of her findings. It is argued that normative institutionalism would offer a suitable frame of interpretation for the subject and design employed.     

"Natural" death of a person under the care of a custodian

An ambulance service doctor was called to the death of a 76-year-old woman and attested cardiac arrest and psycho-organic brain syndrome as the cause of death on the death certificate. At the second external examination mandatory before cremation, extensive hematomas were detected on the right thorax and multiple haematomas in the face and on the forehead. The autopsy initially ordered by the public health officer revealed serial rib fractures and a fractured skull. After notifying the prosecutor, a forensic autopsy was ordered and death was found to have been caused by fat embolism following massive blunt force to the thorax with serial rib fractures and haematopneumothorax. After that, the adopted son, who had been appointed care custodian for the woman, and his wife were suspected, because they had given contradictory explanations for the injuries. At first, they were only suspected of failure to render assistance, but in the end they were both charged with murder. Only because of the second external examination prescribed by the law still in force could the errors of the improper first external examination be corrected.     

Massive systemic fat embolism detected by postmortem imaging and biopsy*

Postmortem computed tomography (pmCT) and pmCT angiography (pmCTA) provide a minimally invasive method to determine the cause of death. Postmortem image-guided biopsy allows for precise sampling of histological specimens. This case study describes the findings of lethal systemic fat embolism (FE) on whole-body unenhanced pmCT, pmCTA, and image-guided biopsy, with autopsy and histopathologic correlation. Unenhanced pmCT revealed a distinct fat level on top of sedimented layers of corpuscular blood particles and serum in the arterial system and pulmonary trunk. Subsequent pmCTA showed reproducible results, and image-guided biopsy confirmed fatal FE. pm CT/pmCTA combined with image-guided biopsy established the cause of death as right heart failure as a result of systemic fatal FE prior to autopsy. All imaging findings were consistent with traditional autopsy and histological specimens. This unique case demonstrates new imaging findings in massive, fatal FE and highlights that postmortem imaging, supplemented by image-guided biopsy, may detect the cause of death prior to traditional autopsy.