Bodenschutzrechtliche Ordnungspflichten im Insolvenzverfahren

Seit längerem ist in Rechtsprechung und Literatur umstritten, ¹ ob und in welchem Umfang ein Insolvenzverwalter wegen Gefahren, die von Massegegenständen ausgehen, ordnungsrechtlich haftet. In zwei aktuellen Urteilen hat das BVerwG eine Zustandsverantwortlichkeit des Insolvenzverwalters grundsätzlich anerkannt. Insbesondere durch Freigabe von Massegegenständen kann sich der Insolvenzverwalter aber von der ordnungsrechtlichen Haftung befreien. 1) Vgl. zu dem Streit zwischen Insolvenz- und Verwaltungsrechtlern, Verwaltungs- und Zivilgerichten: Uhlenbruck KTS 2004, 275ff.; Kothe ZfIR 2004, 1ff.; Häsemeyer in: FS Uhlenbruck, 2000, S. 97ff.; Franz NuR 2000, 496ff.     

Rents,knowledge and neo-structuralism: transforming the productive matrix in Ecuador

This paper explores the relationship between ground rent, production and knowledge in Ecuador’s neo-structuralist, state-led project to transform the productive matrix. Based upon insights from the Marxian approach to the critique of political economy, we interrogate how neo-structuralism has conceptualised the relationship between ‘natural resource income’ and ‘knowledge-based’ economic development. The paper argues that a rent-theoretical perspective, which takes seriously the regional unfolding of uneven geographical development in Latin America, can highlight the limits of a national development plan conceived according to the logic of Schumpeterian efficiency. In doing so, the paper identifies the contradictory relationship between natural resource exports, state-led ‘knowledge’-based development and capital accumulation. On this basis the paper offers a historically and empirically informed critical analysis of selective import substitution industrialisation and vanguard science and technology strategies designed to transition Ecuador away from primary resource dependence.     

Complex Social Organization: Multiple Organizing Modes, Structural Incongruence, and Mechanisms of Integration

This article conceptualizes and analyses a type of complex social organization consisting of heterogeneous organizing modes and social relationships, combining, for instance, relationships making up markets and hierarchies as well as various types of informal networks. Each mode is constituted and regulated on the basis of a system of social rules making up a particular normative order and operates in terms of its own particular rationality or social logic. When modes are combined or integrated into multi-institutional complexes or organizations, the resultant structure entails zones of incongruence and tension at the junctures or interfaces of the different organizing modes and social relationships. The article identifies a number of such incongruent organizing modes that are common in complex social organizations or inter- institutional complexes. It goes on to identify several of the institutional strategies and arrangements including rituals, non-task-oriented discourses, and mediating roles that actors develop and institutionalize in dealing effectively with incongruences and potential conflicts in complex, heterogeneous organizations. The article suggests that problems of structural incongruence - and the tensions and conflicts that arise in connection with it as well as responses to these - are major features of complex organizational and inter-institutional arrangements. Moreover, it suggests that social order - the shaping of congruent, meaningful experiences - in these complex organizations as in most social life builds on non-rational foundations such as rituals and non-instrumental discourses. These contribute to maintaining social order and to providing a stable context, even for rational decision-making and action.     

‘The Children of the State’? How Palestinians from the Seven Villages Negotiate Sect,Party and State in Lebanon

In Lebanon, the fear of taw?īn makes nationalization of Palestinian refugees an anathema. Yet several groups of Palestinians have received Lebanese citizenship since 1948, most (in)famously those from the ‘seven villages’, a chain of Shi‘i villages on Lebanon's southern border that was incorporated into Palestine in 1923. The trajectory of their nationalization is usually presented as a straightforward consequence of top-down Lebanese electoral politics. This article augments this dominant perspective through a case study of the community from the village of Salha, now in Israel, that currently lives in Shabriha, a small town near the city of Tyre in South Lebanon. Adopting the ‘negotiated statehood’ framework, the article offers an agency-oriented, bottom-up perspective on the community's gaining of citizenship and shows how the people from Salha have acquired citizenship not merely to gain access to, but also to ensure a degree of independence from, the Lebanese state and political parties.     

Einkommensreich – verm?gensarm? Die Zusammensetzung von Verm?gen und die Bedeutung einzelner Verm?genskomponenten im europ?ischen Vergleich

Recently, a growing number of researchers claim that income is only one dimension of social inequality. Neglecting wealth as a more profound measure of an entity??s financial situation can lead to a misleading or even wrong understanding of social inequalities. This article examines the relationship between income and wealth among elderly people in 13 European countries and tries to answer the following two research questions: Are the income-rich also the asset-rich? And what is the composition of wealth within different income groups? The analyses show that higher wealth often goes along with higher income, whereas a high income does not necessarily correlate with high wealth. Instead, in relation to the amount of wealth they possess, the asset-rich do not dispose of a high income. This may be an indicator that income is not the most important mechanism for the accumulation of wealth in the upper part of the wealth distribution. In general the wealth portfolio of asset-rich households is much broader and therefore less ??crises-prone?? than of the asset-poor. Homeownership is the central component in the wealth portfolio of households. For the lowest income quartiles it is often the only meaningful asset. Summing up, the previous income-based definition of poverty and wealth proves to be inadequate. Analyzing wealth in addition to income, it may turn out that the often proclaimed problem of old-age poverty has been either under- or overestimated.     

Physical and Emotional Well‐Being: Court Performance Measures for Children and Youth in Foster Care

Given that courts have the responsibility to ensure the state is providing proper care to children in its custody, courts need to consider whether those children over whom they have jurisdiction are receiving a quality education and are physically and emotionally healthy. Court well‐being measures were not developed when the safety, permanency, timeliness, and due process measures were established. However, there have been recent efforts to address this void. This article describes the newly developed set of well‐being measures for courts to track success in improving well‐being outcomes in the areas of physical health, mental health, maintaining permanent relationships, transition to adulthood, and enhanced family capacity to provide for their children's needs.