Zur Anwendung zwingenden Gemeinschaftsrechts in der aktuellen Rechtsprechung des BVerwG zum Artenschutz nach der “Kleinen Novelle” des Bundesnaturschutzgesetzes

Zusammenfassung  Nachdem die “Kleine Novelle” des Bundesnaturschutzgesetzes für Unsicherheit bei der Anwendung der neuen Reglungen gesorgt hat, enthalten die ersten Entscheidungen der h?chstrichterlichen Rechtsprechung eine hohe aktuelle Brisanz. Der Beitrag geht auf die aktuelle Rechtsprechung des BVerwG zum Artenschutz bei Infrastrukturvorhaben unter dem Aspekt des Gemeinschaftsrechts ein. Behandelt werden die Einschr?nkung des St?rungsverbots, “vorgezogene Ausgleichsma?nahmen”, die Prüfung des Ausnahmetatbestands nach vollendeten Tatsachen, die Zulassung von Ausnahmen bei ungünstigem Erhaltungszustand der Art, das Auseinanderfallen von Entscheidungs- und Beurteilungszeitpunkt sowie die Berücksichtigung von Kosten bei Alternativen.     

Manifestos and elections in Ghana's Fourth Republic

Debate continues over the factors that influence electoral outcomes or voter behaviour and alignment in elections all over the world. Several factors have been noted, including the manifestos of political parties. In spite of the potential influence of the party manifesto, several comparative and empirical studies on elections in Ghana have paid little or no attention to manifestos in determining the electoral outcomes of political parties in the Fourth Republic.This paper makes a contribution to the debate by examining how manifestos have influenced the electoral chances of the two main political parties which have been in and out of government in Ghana since the inception of the Fourth Republic, namely, the National Democratic Congress and the New Patriotic Party. Analysis covers the five elections held in 1992, 1996, 2000, 2004 and 2008. Specifically, it discusses not only the ability of the manifestos to shape policy debate but also to some extent, influence electoral outcomes. The paper concludes with some lessons learned.     

Women who shared a husband: Polygyny in southern Albania in the early 20th century

In Europe little attention has been paid to polygyny, though it occurred in the Balkans in the recent past. Data from an Austro-Hungarian census of two-thirds of Albania taken in 1918 give a rare opportunity to examine it. As elsewhere in the eastern Mediterranean, the extent of polygyny was modest, but it was more widespread in rural areas than in towns. This article looks at polygyny in Mallakastër, one area of southern Albania. While not specifically provided for by customary law, polygyny was accommodated within it. Marriages were contracted in the same way as monogamous marriages, and both co-wives lived as part of the family. There is no direct evidence of the reasons why some marriages were polygynous. It may have been a response to childlessness in some cases, but this was neither a universal justification nor a universal explanation. It was probably also a means by which families augmented their labor supply in the absence of an institution of servants. A law enforcing monogamy in 1929 and changes that made polygyny less acceptable and less necessary have resulted in its disappearance.     

I’m Watching You: Cyberstalking Behaviors of University Students in Romantic Relationships

As technology has become an ever-present facet in the lives of young people, they have become reliant on it to form and maintain relationships. It has also helped facilitate negative relationship behaviors, such as the monitoring of romantic partners without their permission (aka cyberstalking). The purpose of this study is to investigate theoretical predictors of cyberstalking in a sample of university students by applying General Theory of Crime and Social Learning Theory. Results indicated that low selfcontrol and deviant peer association are significant predictors of cyberstalking, specifically attempting to log-in to a person’s social media, as well as social media presence and sex.     

An economic analysis of the use of citations in the law

This paper examines the use of citations analysis as an empiricaltool for understanding aspects of the legal system and for improvingthe performance of the system. Emphasis is laid on the use ofsuch analysis as a means to evaluate courts and judges (andtherefore as a judicial-management tool), to test hypothesesabout judicial behavior, and to evaluate and improve legal scholarship.It is argued that economic models, particularly of reputationand of human capital, can frame and guide the use of citationsanalysis in law.     

The evolution of the New Patriotic Party in Ghana

This paper examines the emergence and development of the ruling New Patriotic Party (NPP) government in the context of a broader examination of the roles of political parties within the Ghanaian political landscape. After describing the political architecture as well as some significant constitutional issues of Ghana's democracy and the roles played by other societal stakeholders, the paper examines the rationale for the formation of the NPP, its manifesto, structure, constituency, power brokers. It then analyses various aspects of the implementation (or not) of the NPP's political and economic objectives since it came to power in 2000 with a message of ‘positive change’. The electoral politics of the campaigns against its major opposition, the National Democratic Congress (NDC), and issues of regionalism, ethnicity and other factors are considered in detail. The paper concludes with some lessons learned and generic recommendations for emerging African political parties in relatively young democracies.