Why Do the European Court of Justice Judges Need Legal Concepts?

The article considers the reasons why the European Court of Justice (ECJ) judges need legal concepts when they pronounce their judgments. It points out that the ECJ as a law‐interpreting and an ipso facto law‐making court needs legal concepts to communicate results of its interpretative and law‐making enterprise. The article also shows how in the context of Article 234 EC preliminary ruling procedure legal concepts become useful tools of portraying ECJ judgments as mere products of interpretation and not as the results of subsuming the facts of the case into a legal provision. It is by means of application of legal concepts, that the ECJ judges are able to justify that they are not overstepping the mandate they have been entrusted with. In the same time the use of legal concepts enables them to engage in dialogue with national judges, who seek guidance as to the content of EC law rules, and to maintain a strong doctrine of precedent. Most importantly, however, the use of concepts promotes coherence which, the article maintains, is the primary source of Community law's authority, and thus constitutes the foundational technique of persuading the relevant audience that Community law is indeed a legal system.     

Communal Ties and Political Obligations

The associative argument for political obligation has taken an important place in the debate on political obligation. Proponents of this view argue that an obligation to obey the government arises out of ties of affiliation among individuals who share the same citizenship. According to them, relationships between compatriots constitute basic reasons for action in the same way in which relationships between family members or friends do. As critics point out, this account of the normative force of relationships has counterintuitive implications: if relationships between people sharing the same citizenship make up basic reasons for action, then relationships between people sharing other attributes, for example, relationships between racists or sexists form basic reasons for action too. In this essay, I pursue a modified version of the associative approach that is not vulnerable to this objection.     

The Impact of Competing Institutional Pressures and Logics on the Use of Performance Measurement in Hybrid Universities

Abstract

This study contributes to the current debate on competing institutional pressures and logics and performance measurement practices in hybrid universities and examines how shifts in logics have affected performance measurement practices at the organizational and individual levels. It draws upon the theoretical lenses of institutional theory and adopts a longitudinal case study methodology based on participant observations and retrospective interviews. The findings show that universities and academic workers are affected by external pressures related to higher education that include government regulations and control of the state (state pressure), the expectations of the professional norms and collegiality of the academic community (academic pressures), and the need to comply with international standards and market mechanisms (market pressures). Academic workers operate in an organizational context in which conflicting conditions from both academic and business logics co-exist. The results indicate that institutional pressures and logics related to the higher education field and organizational context shape the use of universities’ performance measurement practices and result in diverse solutions. While previous literature has focused mainly on competing logics and the tensions they may generate, this study shows that, in a university context, potentially conflicting logics may co-exist and create robust combinations.     

Why states have no right to privacy,but may be entitled to secrecy: a non-consequentialist defense of state secrecy

ABSTRACT

Despite an increase in initiatives aimed at enhancing political transparency, democratic states claim the right to withhold information from citizens: classified intelligence and military programs, diplomatic discretion, closed-door political bargaining, and bureaucratic opacity are examples. Can the state’s claim to restrict access to information be justified? In the first part of the essay, I focus on the arguments that defend the state’s claim to restrict access in terms of the state’s right to privacy where the state privacy is presented as a species of group privacy. While I concede that group privacy may be defended, I argue that governments and parliaments are not the kind of groups that may exercise privacy against citizens because of the relation of accountability in which they stand to citizens. In the second part of the essay, I propose an alternative argument to the effect that the scope of openness required in democratic governance is less extensive than traditionally assumed. I focus on the concept of democratic authority and argue that we can understand the practices of classification as an exercise of a special right to secrecy that is implied in the democratic state’s right to rule in a content-independent way.     

Superfilling technology: transferring knowledge to industry from the National Institute of Standards and Technology

In the mid-1990s, the semiconductor industry manufactured devices with critical circuit dimensions of between 0.35 and 0.25 μ, and it used aluminum or an aluminum copper alloy to interconnect device components. However, the critical dimension needed to be reduced so that devices could become faster and more efficient. At circuits dimensions of 0.18 μ or less, aluminum no longer conducts electricity well enough to maintain the circuit’s efficiency; thus, the industry determined that copper—a superior conducting material—would be needed to help the industry produce smaller and faster semiconductor devices. Still, technical barriers existed, preventing a seamless transition from aluminum to copper. Thus, in the 1990s, the National Institute of Standards and Technology (NIST) began focused research on superfilling aimed at assisting the semiconductor industry during this period. In this paper, we document the net economic benefits (private and social) accruing from NIST’s core research investments in superfilling during the late 1990s and early 2000s. Using traditional evaluation methodology and metrics, we calculated economic impact estimates, and the results suggest that NIST’s public resources were, from a social perspective, used efficiently.     

Why Snowden and not Greenwald? On the Accountability of the Press for Unauthorized Disclosures of Classified Information

Law and Philosophy - In 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting...     

Abela and Others v Baadarani: The Politics Within the Supreme Court

The Supreme Court deals with many political cases, where policies are at stake, while on the other hand there is the politics within the Court which can also play an important role. It is difficult to judge the current system without sound empirical and theoretical studies, so one cannot confidently assess the effectiveness of the paper appeals in the American System in the light of the long history of the UK system, of different career paths of advocates in these two countries and of different routes of appointment for judges in both jurisdictions. Nevertheless, any interviews that were conducted with senior judges in the UK were conducted a long time ago and might not be applicable to the current realities. It is true that the British system is open to moderation—the elimination of the House of Lords and its replacement with the Supreme Court is the best example—but maybe more changes are needed. It is paramount that greater diversity in the profession brings fresh perspectives. This is evident in electing practitioners with different career paths, such as Justice Kennedy and Lord Sumption. The president of the Supreme Court, Lord Neuberger, even suggested advertising the next position in the Supreme Court to be on a part time basis, to enable the election of an academic. As stated in the introduction, since Abela and others v Baadarani is a case with important principles at stake, is there a space for political disagreement?