Sickness Absence and the Court of Justice: Examining the Role of Fundamental Rights in EU Employment Law

Being absent from work due to sickness is a critical issue for individuals and their employers, but it has traditionally fallen outside the scope of EU employment legislation. This article argues that this is changing; it examines case‐law under the Working Time and Employment Equality Directives. The article considers the justifications that the Court of Justice has advanced to explain this expansion in EU employment law. It finds that the Court has, at times, invoked fundamental social rights as a basis for interpreting employment legislation in a manner favourable to workers. Yet the way in which the Court deploys rights‐based reasoning can be difficult to anticipate, not least the countervailing weight attached to the interests of employers. The case studies indicate that fundamental rights discourse offers a possible foundation for more extensive readings of employment legislation, but it is not a simple ‘trump card’ for advocates of stronger worker protection.     

Self‐Determination in the Constitutional Future of the EU

This article analyses three prominent proposals for the functional and political transformation of the EU from a constitutional perspective. It argues that existing EU reform proposals, to varying degrees, entrench rather than reverse the challenges to individual and political self‐determination brought about by the EU's response to its Euro crisis. As the article will conclude, challenging ‘authoritarian liberalism' in an EU context may require the development of a constitutional structure for the Union able to contest, rather than set in stone, the EU's existing economic and political goals.     

Discourse of decency: white nationalists,white antiracists,and the criminality of color

Contemporary research on white racial attitudes on race and crime reflect a grouping of opinions on a traditional liberal-conservative scale. These two groupings reflect what sociologists and political scientists call ‘issue constraint’ or a ‘clustering’ of ideas into a specific ideological worldview. Many now argue this gulf is growing; a white ‘culture war’ that many interpret as evidence of the increasing fracturing and political bifurcation of white racial identities over ‘hot button’ topics like race and crime. While a substantial literature on race and crime finds white racial attitudes to vary by educational level and political orientation, we know less about shared understandings of crime and race in relation to the processes of white racial identity formation. Rather than view attitudinal statements on race and crime as accurate reflections of essential different and static white racial political positions or ideological orientations, additional scholarship can examine discourse on crime and race as constitutive of the white identities that wield them. Drawing from an ethnographic study with conservative white nationalists and liberal white antiracists, this paper addresses the following question: what is the relationship between discourse on crime and race and the ongoing process of white racial identity formation?     

Against Global Parliament

Experimentation is often thought to be a key quality of any legitimate democratic system. Employing global parliamentary proposals as a heuristic, this article suggests that top‐down models for global democratization – proffered by liberal cosmopolitans and world government scholars – may create path‐dependencies which foreclose options for experimenting with alternative institutional designs in the future. Drawing upon historical institutionalism, the structure, sequence, and setting of top‐down proposals are outlined to show how experimentation with other forms of democracy may be constrained in problematic ways. Following this assessment, the article suggests that striving for democratic values under a pluralist arrangement of global governance may facilitate incremental institutional development and promote experimentation over time.     

Voluntary and involuntary resettlement in China: a false dichotomy?

The success of involuntary resettlement is contingent on recasting the involuntary as voluntary. To explore this proposition, this article presents two projects in China – one “voluntary” (Poverty Alleviation Resettlement or PAR) and relatively “successful” and one “involuntary” (Three Gorges Project Resettlement or TGPR) and less so. The research finds the voluntary–involuntary dichotomy a false one. It is not volition that leads to better outcomes, but people-centred practices that are embedded in policy, planning, and implementation of PAR. Perhaps the most important lesson drawn is that all resettlements should be based on a commitment to settlement and not just resettlement.     

Rebel Behavior in the Context of Interstate Competition: Exploring Day-to-Day Patterns of Political Violence in Africa

This study develops a day-to-day theory of political violence that predicts that rebels respond strategically to the onset of interstate conflict that is directly related to a civil war. Government-initiated interstate conflict is theorized to incentivize rebels to signal their resolve, willingness to bear costs, and vulnerability of government forces. In addition, this form of interstate conflict is predicted to decrease violence against civilian populations, as it makes it more likely that rebels will need to rely on civilians for resources in the future. This is contrary to interstate conflict initiated by an external state, as this signal of third-party support makes civilian support more dispensable from the perspective of a rebel movement. Using a country-day data set constructed from event data, evidence is presented that is consistent with this theoretical logic. Interstate conflict, therefore, is shown to play a significant role in explaining the variation of violent events that occur on a day-to-day basis during a civil conflict.     

Fatal Fentanyl Patch Misuse in a Hospitalized Patient with a Postmortem Increase in Fentanyl Blood Concentration

Opioid‐related mortality happens, even in healthcare settings. We describe serial postmortem fentanyl blood concentrations in a hospital inpatient who fatally abused transdermal fentanyl. This is a single‐patient case report. A 42‐year‐old man with lymphoma was started on transdermal fentanyl therapy while hospitalized for chronic abdominal pain. The patient was last seen awake 1.3 h prior to being found apneic and cyanotic. During the resuscitation attempt, a small square‐shaped film was removed from the patient's oropharynx. Femoral blood was collected 0.5 and 2 h postmortem, and the measured fentanyl concentration increased from 1.6 to 14 ng/mL. Study limitations include potential laboratory or collection errors and missing data. (i) Providers must be vigilant for signs of fentanyl patch abuse. (ii) Postmortem blood concentrations are not static postmortem, likely secondary to decreasing pH, increased aqueous solubility, and tissue redistribution, and are therefore unlikely to accurately represent antemortem blood concentrations.