Urteilsveröffentlichung in einem ausländischen Medium

§ 51 MedienG ist im Verh?ltnis zu § 34 Abs 5 MedienG als lex posterior anzusehen, die der letztgenannten Bestimmung (teilweise, soweit § 51 MedienG auf eine Urteilsver?ffentlichung in einem ausl?ndischen Medium anzuwenden ist) derogiert hat. Ver?ffentlichungen haben grunds?tzlich im (auch ausl?ndischen) Medium selbst (durchsetzbar nach § 20 MedienG) – und nicht in einem Ersatzmedium – zu erfolgen. Die internationale Zust?ndigkeit des inl?ndischen Gerichts für die Anordnung der Urteilsver?ffentlichung als zivilrechtlichen Anspruch iSd EuGVVO auch auf einer Website bestimmt sich nach Art 5 Nr 3 EuGVVO, wonach Ansprüche aus einer unerlaubten Handlung (Deliktsklage) auch an jenem Ort geltend gemacht werden k?nnen, an dem das sch?digende Ereignis eingetreten ist. Auch die vom EuGH für ehrenrührige ?u?erungen in Medien entwickelte Sonderregel, nach der der Gesch?digte nicht in allen Staaten, in denen die ?u?erung verbreitet wurde, den gesamten Schaden einklagen kann, sondern jeweils nur jenen Teil, der sich in dem Staat konkret verwirklicht hat, steht dem nicht entgegen.     

Kollaudierung, zuständige Behörde

Für die überprüfung nach § 121 WRG ist die "zur Erteilung der Bewilligung zust?ndige Beh?rde" zust?ndig. Hat sich zwischen der Erteilung der Bewilligung und der überprüfung die Zust?ndigkeit ge?ndert, ist für die überprüfung jene Beh?rde zust?ndig, die zum überprüfungszeitpunkt für die Bewilligung zust?ndig w?re.     

The practice of birth control and historical fertility change: Introduction

This introduction discusses the contributions in the special issue. The articles present results concerning the practice of birth control, mainly at the family level. They represent different analytical approaches where both interviews, letters, surveys and micro-level data have been used. The European fertility decline has made a fundamental change to the societies in the 20th and 21st centuries. Birth control spreads rapidly. Research in this field requires both qualitative and quantitative studies, where both approaches contribute to different perspectives on the transition. The articles in the issue discuss several themes in relation to birth control, of which three are developed in the introduction. These are gender and fertility, gender and health and finally how to control fertility. The presented results demonstrate the importance of including gender in the analyses of the fertility decline. A gender perspective makes it natural to consider historical persons as agents. It is also necessary to acknowledge that we should not treat the married couple as a single unit. They may have conflicting interests, something that several of the articles illustrate. One aspect we would like to emphasize is how health problems can influence the will to have more children and this affects birth control. This is a theme that in different forms is taken up by several of the authors. Finally, families practiced birth control with several different methods that also changed throughout the married years, thus demonstrating a flexibility that is often overlooked in conventional methods for the analysis of fertility.     

Client privilege,compliance and the rule of law: Swedish lawyers and money laundering prevention

Can, and will, lawyers police their clients? This article aims to shed light on the private front-line workers of the Financial Action Task Force on money laundering (FATF). The analysis is based on a study of how Swedish lawyers perceive and handle obligations to police clients within FATF style risk-based anti-money laundering/counter terrorism (AML/CTF) regulation. We find that the lawyers were reluctant to taking on the responsibility for AML/CTF, and that their front-line work was directed towards being compliant enough. Relatedly, we identify several practices of separation that serve to mediate between the conflicting aims and interests in the everyday of this form of private policing. Another finding is that the lawyers by and large position themselves as knowledgeable actors, and view risks of AML/CTF as knowable. Nevertheless, lawyers experienced a principle clash between being ‘not banks’, and being front-line workers for FATF. In particular, the lawyers perceived their role as front-line workers to be more complex due to their professional norms and ethics on client privilege, and what they saw as the proper role of lawyers, being in conflict with the obligation to report clients and their transactions. In concluding, we suggest that paying more attention to the everyday experience of front-line workers when devising regulatory tools may be a way to promote engagement in ‘true’ crime prevention on their part.     

Protecting victims of intimate partner violence: Swedish prosecutors’ experiences of decision-making regarding restraining orders

Restraining orders can be used as a risk management strategy to reduce the likelihood of intimate partner violence (IPV) re-victimisation. The aim of this study was to examine how prosecutors work with cases of IPV, with a focus on their collaboration with police, use of violence risk assessment and implementation of restraining orders. A qualitative analysis was conducted based on semi-structured interviews with five prosecutors operating in two northern police districts in Sweden in 2016. Data were analysed using latent content analysis. Three overarching themes arose: The case, Organization of resources and Interpretation of the law. Each theme was discussed in the context of the prosecutors’ work with IPV. Prosecutors pointed to several inadequacies in the legislation and offered potential solutions that would ameliorate their work. Results also showed that prosecutors seldom used violence risk assessments conducted by police as a basis for issuing restraining orders. The primary reason for this was a lack of clear routines governing cooperation between police and prosecutors in the application process. The results from this study can be used when training criminal justice personnel in order to obtain a better understanding of the difficulties that prosecutors face when trying to protect victims of IPV.     

A Prospective Examination of Criminal Career Trajectories in Abused and Neglected Males and Females Followed Up into Middle Adulthood

Objectives

To examine the extent to which there are differences in the developmental course of offending among individuals with maltreatment histories, compared to nonmaltreated controls, and whether these patterns vary for males and females.

Methods

This paper uses data from a longitudinal study in which abused and neglected children (N = 908) were matched with non-maltreated children (N = 667) and followed prospectively into adulthood. Group-based trajectory modeling was conducted using official criminal history records collected through mean age 51. Patterns of criminal offending were first considered for the whole sample, with abuse status and sex included as time-stable covariates, and then separately by subgroup (control females, maltreated females, control males and maltreated males).

Results

Analyses revealed that a three-group model provided the best fit (nonoffenders, low-level chronic offenders, mid-level chronic offenders) for the overall sample. Child maltreatment and sex were significant predictors, with offenders more likely to be male and abused/neglected, compared to non-offenders. Separate analyses for the four subgroups revealed some similarities across groups in the characterization of offending trajectories, although trajectories for abused/neglected females differed significantly from trajectories for control females. Additional analyses suggest that desistance from offending may be largely a function of incapacitation due to early death, rather than imprisonment.

Conclusions

These new analyses provide evidence that child maltreatment affects patterns of offending and that there is an impact on females and males, although the impact differs by gender. Future research should build on this work by examining the mechanisms through which child maltreatment leads to differential patterns of offending throughout the life course.

     

Longitudinal Analysis of Links Between Bullying Victimization and Psychosomatic Maladjustment in Swedish Schoolchildren

Cross-sectional studies of bullying mask variability in categories of and persistence of bullying victimization. Longitudinal, individual-level data offers a greater insight into schoolchildren’s psychosomatic maladjustment as a consequence of bullying. Swedish schoolchildren (n = 3,349), with unique identifiers, in 44 schools (4th–9th grade), answered a questionnaire at baseline and 1-year follow-up. Longitudinal trends for nonvictims (88%), ceased victims (4.7%), new victims (5.7%), and continuing victims (1.6%) revealed that new victims had the largest decrease in well-being; continuing victims had a smaller though not significant decrease; while ceased victims showed a small, (nonsignificant) increase in well-being over the measurement period. It was also discovered that children not bullied at baseline but bullied subsequently, differed, at baseline, from their never-bullied peers through lower levels of overall well-being. It is argued that this finding has implications for prevention strategies.     

DATA REGULATION IN THE INTERNET OF THINGS

The reflections on data regulation in the internet of things (IoT) in this paper provide an overview of the different conceptions and legal problems of “data property rights.” Beginning with an overview of the existing and possible applications of the future IoT (in particular, smart cars), this paper describes the legal concerns that may arise because of increased commercialization of object-generated data. The author uses German and European Union law to illustrate the legal complexities, solutions, and shortcomings. He demonstrates how and to what extent these issues are covered by traditional data protection regulations and highlights the conceptual blind spots of these regulations. He then contrasts the data protection paradigm (de lege lata) with the idea of a general erga omnes data property right (de lege ferenda) and describes the most common understanding of such a right, that is, a data producers’ property right. Against the background of the possible economic advantages of general data property rights, the paper discusses conceptual problems and constitutional concerns. In conclusion, the author rejects the idea of a general data property right.     

Negotiating Access to Land in Nepal

In a rural agrarian economy like that of Nepal, land has traditionally been a primary source of livelihood and security, as well as a symbol of status. Thousands of poor farmers are completely dependent on land for their livelihoods, yet not all of them have access to or control over this fundamental resource. Negotiation for access to land has been a lengthy and complicated process. It remains so in the changed political context of Nepal, where increasing numbers of emerging actors need to be considered, often with conflicting claims and counterclaims. In this context the traditional ways of thinking need to be revised, both with regard to the negotiating process and the mechanisms of land reform, to accommodate the country’s recent and ongoing massive socio-economic transformation.