Verfassungsvergleichung durch das Bundesverfassungsgericht

Die Zurückhaltung von Verfassungsgerichten beim Heranziehen von verfassungsvergleichenden Argumenten ist nicht unbegründet. Sie beruht auf der Legitimationsproblematik, weiterhin darauf, dass eine auf Verfassungsvergleichung beruhende Auslegungsmethode nicht entwickelt ist, und auf den funktionalen Grenzen von (Verfassungs-)Rechtsprechung.     

Politics, culture, and political crime: Covariates of abortion clinic attacks in the United States

This study examined crime and violence against abortion clinics, testing elements of several theories that may help explain the variation of such attacks. The study theoretically and methodologically improved upon the prior research on abortion-related crime and violence. Theoretically, it investigated previously unexamined hypotheses from the social movement literature that may be relevant to this type of behavior. Methodologically, it used more careful measures for several variables, employed unique and heretofore ignored data bases, and examined hundreds of criminal acts across several types of crime (e.g., violence, vandalism, and harassment) directed at abortion clinics. Employing robust logistic regression and correcting for clustering of clinics by state, the study investigated the cross-sectional effects of state-level cultural and structural characteristics on anti-abortion crimes against clinics and staff. Results indicated that some crimes against clinics are more likely in areas where female empowerment is weaker, female victimization is more tolerated, and the anti-abortion movement has failed to reduce abortions.     

Testing Explanations of Strategic Voting in Legislatures: A Reexamination of the Compromise of 1790

A difficult yet prevalent problem in legislative politics is how to assess explanations when observable actions may not represent true (and unobserved) legislator preferences. We present a method for analyzing the validity of theoretical/historical accounts that unifies theory, history, and measurement. We argue that approaches to testing accounts of legislative behavior which are theoretically and historically agnostic are not always best and present an approach which: (1) forms an explicit explanation of behavior (here a simple dynamic voting game) that yields estimable parameter constraints, and (2) tests these constraints using a customized empirical model that is as consistent as possible with the explanation. We demonstrate the method using legislative voting data from the first Congress (1789–1791). Using the idea of sophisticated equivalents from voting theory we subject the traditional account of the “Compromise of 1790” to a statistical test and find that there is reason to doubt the claim that legislators of the time believed the specified log roll was taking place. The results suggest that the capital location and assumption issues were resolved independently.     

The Empire Fracks Back: The Case for Hydraulic Fracturing Strict Liability in New York

The possibility that New York will allow high-volume hydraulic fracturing in the near future raises the issue of liability for environmental and other extraction-related harms. Given the potential risk, New York courts should consider treating natural gas exploration under a strict liability regime. Natural gas producers facing strict liability for drilling mishaps would be forced to internalize the environmental and other social costs inherent in the drilling process, thus incentivizing producers to exercise a maximum of care.