Elke Fiebig-Bauer: Ressourcenschonung durch das KrW-/AbfG – Eine juristisch-ökonomische Analyse

Ohne Zusammenfassung     

Articulated Thoughts of Intimate Partner Abusive Men during Anger Arousal: Correlates with Personality Disorder Features

This study extends Eckhardt et al. (Journal of Consulting and Clinical Psychology, 66:259–269, 1998) research on cognitive correlates of anger arousal among intimate partner abusers (IPA; n = 130), distressed/nonviolent (DNV; n = 27), and satisfied/nonviolent men (SNV; n = 21) during a standardized anger induction task by examining variables thought to differentiate batterers. Variables pertinent to the Holtzworth-Munroe and Stuart (Psychological Bulletin, 116:476–497, 1994) typology—borderline and antisocial personality, psychopathy, general violence, and partner violence—were correlated to articulated cognitive distortions. Since between group comparisons were not significant, articulated anger was correlated with antisocial, borderline, and psychopathic features. Borderline personality features correlated positively with articulations reflecting jealousy. Articulated themes were more consistently related to psychopathology than to violence, suggesting that tailoring treatments to personality features of clients may prove fruitful.     

New Institutionalism and Naturalism in Socio‐Legal Analysis: Institutionalist Approaches to Regulatory Decision Making

Through drawing on the work particularly of sociological and organizational theorists socio-legal work has added considerably to an understanding of the uses of law and discretion, and shown the contingency of the operation of law on the economic, political and organizational context. Some important questions still remain unanswered, however. In particular, if in decision making law is not determinative, but rather decisions are shaped by other bureaucratic or organizational norms, political and economic pressures and an individual's own world views and interests, what role does law play? Further, what impact does the decision process, in which different norms or considerations all bear, have on law? In starting to answer these questions the article examines the models of decision processes and decision behavior which underly the different new institutionalist analyses, and suggests that whilst they provide some insights, they have their own limits.     

“YFlag” – A Single‐base Extension Primer Based Method for Gender Determination

Assigning the gender of a DNA contributor in forensic analysis is typically achieved using the amelogenin test. Occasionally, this test produces false‐positive results due to deletions occurring on the Y chromosome. Here, a four‐marker “YFlag” method is presented to infer gender using single‐base extension primers to flag the presence (or absence) of Y‐chromosome DNA within a sample to supplement forensic STR profiling. This method offers built‐in redundancy, with a single marker being sufficient to detect the presence of male DNA. In a study using 30 male and 30 female individuals, detection of male DNA was achieved with c. 0.03 ng of male DNA. All four markers were present in male/female mixture samples despite the presence of excessive female DNA. In summary, the YFlag system offers a method that is reproducible, specific, and sensitive, making it suitable for forensic use to detect male DNA.     

The Public–Private Distinction: Insights for Public Administration from the State Action Doctrine

Public administration scholars continue to grapple with how and why public organizations differ from private organizations. The judiciary deals with similar questions in ruling on constitutional claims that apply exclusively to state actors. The authors consider similarities and differences between scholarly and judicial approaches, adding to the body of research attempting to capture the complexities of the public–private distinction. The application in this article includes the coding of seminal court decisions and qualitative comparative analysis (QCA) to find combinations of causal conditions that lead to state action rulings. The specifics revealed through QCA provide valuable lessons for extending public norms and preserving constitutional protections when outsourcing public services.     

The Centralisation of Parliamentary Policy Statements in Western European Parliaments

Parliamentarians and their party groups can employ many different instruments to communicate policy statements to their electorate (debates in plenary, presentations of committee reports, oral questions, written questions, and interpellations). Therefore, the design of these instruments should be analysed in one common framework. This paper seeks to provide a first step towards this goal by mapping and explaining the centralisation of parliamentary policy statements in all western European countries with a parliamentary system. It is argued that, on a theoretical level, there are two different causes for a stronger or weaker centralisation of the instruments of parliamentary policy statements: the electoral connection and efficiency. Empirically, it is shown that there are striking differences in centralisation both within and between countries which are worth exploring further. Moreover, the results of the statistical models suggest that the electoral connection is the driving factor behind the centralisation of the instruments of parliamentary policy statements.     

Negotiated Case-ending Settlements: Ways of Speeding up the (Court) Process

The subject of this article is a special type of fast-tracked case-ending decisions called “negotiated case-ending settlements”. Those proceedings are based on a kind of agreement between the parties, end with a real conviction of the offender and their legal consequence is a true but mitigated punishment. They can be found in six of 11 countries studied, namely, in England & Wales, Croatia, France, Hungary, Poland and Spain. The English guilty plea procedures, the French appearance before a court after prior admission of guilt and the Polish prosecutor’s application for a conviction to be rendered without a trial as well as the voluntary submission to penalty are examined more closely here. The comparative study focuses on the stage, where the negotiation is made, the conditions for the use of these settlements and the PPS’s role therein.