Die UVP – Unheimlich viel Papier?

Zusammenfassung  Die Umweltvertr?glichkeitsprüfung und ihr Stellenwert sind Gegenstand st?ndiger Debatten zwischen Rechtsprechung und Literatur. Hauptdiskussionspunkte sind der verfahrensrechtliche oder materiell-rechtliche Gehalt und die drittschützende Wirkung der Umweltvertr?glichkeitsprüfung. Die deutsche Rechtsprechung hat sehr schnell eine Position entwickelt, die die Umweltvertr?glichkeitsprüfung in Frage stellen l?sst. Sie reduziert die UVP auf ein rein verfahrensrechtliches Instrument, mit wenig Einfluss auf umweltrelevante Vorhaben. Entweder spricht die Rechtsprechung der UVP die drittschützende Wirkung ab oder der Erfolg einer Rüge h?ngt von einer kaum überwindbaren Kausalit?tsmesslatte ab. Durch das Urteil des EuGH in der Sache Wells, verbunden mit der UVP-Richtlinie, hat die Umweltvertr?glichkeitsprüfung in den letzten Jahren an Bedeutung gewonnen. Der Frage, ob die UVP den hohen Erwartungen, welche an sie gestellt wurden, heute gerecht werden kann oder ob sie nicht nur eine überflüssige Prüfung darstellt, der wenig Beachtung beigemessen wird, soll im Folgenden nachgegangen werden.     

The Languages of the Law: An Integrated View From Vico and Conceptual Metaphor Theory

Work on the relation between figurative language and the law is a fairly recent trend, within legal discourse studies, linguistics, and semiotics. The work in conceptual metaphor theory, for example, is starting to unpack the underlying metaphorical and metonymic structure of legal language, producing some new and important insights into the nature of this language. Missing from this emerging line of inquiry are the views of the Neapolitan philosopher Giambattista Vico, who was the first to understand the power of figurative language in the creation of symbolic systems, like language and the law. His tripartite evolutionary model of language shows that there is not one language of the law, but three “languages.” By integrating Vico’s model with the work in conceptual metaphor theory it will be possible to penetrate the underlying conceptual structure of legal discourse and thus lead to a more insightful science of this discourse.     

The paradox of collective action: Linking interest aggregation and interest articulation in EU legislative lobbying

Olson's logic of collective action predicts that business interest associations face fewer collective action problems than citizen action groups. This article challenges this assumption by arguing that forming an organization comes with different collective action problems than voicing a joint policy position. This leads us to examine an important paradox: Citizen groups face challenges in establishing themselves as organizations but find it relatively easy to position themselves on policy issues, whereas the reverse is true for business associations. We study this paradox empirically based on interviews with spokespersons of interest organizations active in the European Union and find support for our hypotheses. Our findings demonstrate that citizen groups position themselves on policy issues more easily than business interests and that this competitive advantage is amplified when policy issues attract the attention of the media.     

Differentiation of epithelial cell types by cell diameter

Genital swabs play an important role in cases of alleged sexual assault. The aim of our study was to see if epithelial cells from the vagina, glans penis, or mouth could be distinguished on the basis of size. Vaginal swabs were taken from 12 women in different phases of their menstrual cycles; penile swabs were taken from 5 men, and mouth swabs were taken from 6 men and 6 women. For each swab, a sample was smeared across a microscope slide and allowed to dry. The dried epithelial samples were then viewed without any further processing with a "SteReoLumar.V12" stereo microscope. The microscope slide surfaces were divided into grids and all single epithelial cells whose contours could be clearly distinguished were photographed. The maximum diameter for each photographed cell was digitally determined using the Axiovision software. In total, 995 vaginal epithelial cells, 211 penile epithelial cells, 329 male oral epithelial cells, and 525 female oral epithelial cells were measured. Menstrual cycle phase did not affect vaginal epithelial cell diameter. The mean vaginal epithelial cell diameter was 63.95 microm (min. = 28.08 microm, max. = 108.06 microm, s = 11.50 microm). The mean penile epithelial cell diameter was 39.24 microm (min. = 28.38 microm, max. = 51.02 microm, s = 4.84 microm). The diameter of oral epithelial cells hardly differed for both sexes, although the female cells were, on the whole, slightly larger. On the basis of these results, it is not possible to conclude that epithelial cells of less than a certain diameter found in the assessment of a vaginal swab must be of penile origin. It is also not possible to usefully distinguish vaginal epithelial cells from male or female oral epithelial cells on the basis of the diameter. However, finding epithelial cells with a diameter distinctly greater than 50 microm in a penile swab sample suggests the presence of vaginal or oral epithelial cells. Epithelial cells examined with the presented method can be used without restrictions for further examinations, such as single-cell DNA analysis after single-cell picking with the micromanipulator developed by Aura Optik (Jena).     

From alcohol to liquid ecstasy (GHB)--a survey of old and modern knockout agents. Part 1: historic and classic knockout agents

Alcohol has been the most important knockout drug in history and literature and continues to play an essential role up to now. Blunt force to the head in the form of a knockout punch is another mechanism leading to a transient loss of consciousness. Diethyl ether and chloroform are among the classical knockout substances. Although they have meanwhile been replaced by modern sedatives and hypnotics, their use is still observed in isolated cases.     

The impact of court errors on liability sharing and safety regulation for environmental/industrial accidents

We focus in this paper on the effects of court errors on the optimal sharing of liability between firms and financiers, as an environmental policy instrument. Using a structural model of the interactions between firms, financial institutions, governments and courts we show, through numerical simulations, the distortions in liability sharing between firms and financiers that the imperfect implementation of government policies implies. We consider in particular the role played by the efficiency of the courts in jointly avoiding Type I (finding an innocent firm guilty of inappropriate care) and Type II (finding a guilty firm not guilty of inappropriate care) errors. This role is considered in a context where liability sharing is already distorted (when compared with first best values) due not only to the courts’ own imperfect assessment of safety care levels exerted by firms but also to the presence of moral hazard and adverse selection in financial contracting. There is also not congruence of objectives between firms and financiers on the one hand and social welfare maximization on the other. Our results indicate that an increase in the efficiency of court system in avoiding errors raises safety care level, thereby reducing the probability of accident, and allowing the social welfare maximizing government to impose a lower liability [higher] share for firms [financiers] as well as a lower standard level of care.     

基于YouTube的视频源鉴别

在一定条件下,传感器的光电响应非均匀(PRNU)特性能够作为拍摄器材的特异性指标,用于视频图像的来源鉴别.本文利用Luká(s)等[1]定义的小波滤波器提取经过AVC方式重新编码的视频文件中的光电响应非均匀特性模式,研究调节分辨率和编码参数对拍摄器材的光电响应非均匀性模式的影响,发现部分经过重新编码的视频仍能够通过光电响应非均匀特性进行拍摄器材的鉴别.     

Local government decentralization and the health sector in Tanzania

An evaluation of primary-level healthcare undertaken in Tanzania 1989-91 found that district health managers felt powerless to address health care performance weaknesses, although the district is the unit to which government management functions have been decentralized. In order to understand the managers views, this article analyses the pattern of decentralization within the health system from their perspective. It reviews the hislorical development of government structures and the theory and practice of decentralization within Tanzania. The matrix of accountability for health care has become very confusing, with multiple and cross-cutting flows of authority within and between levels of the system. District health managers have limited authority to take management action, such as managing resources, in ways that would begin to address problems of inefficiency and poor quality of care within primary care. District health management also suffers from weak resource allocation and financial management piocedures. The main obstacles preventing more effective management are: resource constraints; conflicts between the demands for central control and local discretion; limited institutional capacity; and political and cultural influences over the implementation of decentralization. Evaluation of past experience suggests that future policy influencing the organizational structure of government health services must be developed cautiously, recognizing the critical importance of complementary action to develop both institutional capacity and political and economic support for the health system.     

Drug screening in urine--common pitfalls in measurement and interpretation

Nowadays immunoassays are used for the rapid screening of drugs world-wide. Despite the fact that they are a highly valuable tool for the test of legal and illicit drugs, there is a non-negligible risk of false positive and false negative findings, and many pitfalls must be taken into account when using these tests in an uncritical manner and without valid confirmation procedures. In accordance with the committee for "problems of threshold values for medical and addictive drugs" set up by German scientific societies (in particular GTFCh, DGRM and DGVM), immunoassays are recommended as a useful tool for screening. But confirmation analysis with conclusive methods (GC/MS or LC/MS) is indispensable for valid substance identification, discrimination between active and inactive metabolites, detection of escort substances and accurate determination of concentrations in body fluids.