Urteil ohne Klage – eine Anomalie des Gesetzes?

Im Zuge der überarbeitung der Bestimmungen über die Zwangsversteigerung von Liegenschaften durch die EO-Nov 2000 wurden auch die Bestimmungen über die Versteigerung einer gemeinschaftlichen Liegenschaft in den §§ 352 bis 352c EO neu gestaltet. Die Neuregelung der Verteilung des Meistbots gem § 352c EO wirft allerdings eine Reihe von Fragen auf. Der folgende Beitrag skizziert den Ablauf des Verteilungsverfahrens, beleuchtet den Gegenstand und das Ziel des Verteilungsverfahrens sowie die Frage des Kostenersatzes.     

Increasing Cognitive Load to Facilitate Lie Detection: The Benefit of Recalling an Event in Reverse Order

In two experiments, we tested the hypotheses that (a) the difference between liars and truth tellers will be greater when interviewees report their stories in reverse order than in chronological order, and (b) instructing interviewees to recall their stories in reverse order will facilitate detecting deception. In Experiment 1, 80 mock suspects told the truth or lied about a staged event and did or did not report their stories in reverse order. The reverse order interviews contained many more cues to deceit than the control interviews. In Experiment 2, 55 police officers watched a selection of the videotaped interviews of Experiment 1 and made veracity judgements. Requesting suspects to convey their stories in reverse order improved police observers' ability to detect deception and did not result in a response bias.     

Smoothing Some Wrinkles in Online Dispute Resolution

This paper describes a persistent problem in online disputeresolution, namely substandard ODR presentations made by inarticulateand lesser dispute-wise disputants make the bargaining conditionsuneven. Three innovations are introduced to address the problem:the SSF design solution, expert-peer online assessment, anda formula for expert-peer assessment. The innovations buildon previous work, and have been modified to accommodate thelimitations and requirements of online dispute resolution andaddress the problem in section 1. The paper is organized infive sections. Section 1 describes the uneven condition favoringthe reputable disputants in online dispute resolution, thataffects inarticulate and disadvantaged, lesser dispute-wisedisputants. Section 2 is a review of the literature of threecommon solutions to the problem: structured argument solutions,technology-intensive solutions and design presentation solutions.The four research questions addressed at the end of Section2 are concerned only with the factors contributing to the statedproblem. Section 3 is an introduction to the SSF design solutionfor online dispute presentations to address the uneven conditionsfor less dispute-wise claimants and respondents. Section 4 introducesa method of presenting communications in online dispute resolutioncalled expert-peer online assessment, and an expert-peer formulafor evaluating online dispute presentations. Section 5 is adiscussion of the research questions introduced in section 2over the concerns expressed about ODR, and a considered reviewof the innovations in light of the literature on ODR.     

Women's empowerment revisited: a case study from Bangladesh

This article explores the changing dimensions of women's empowerment over time in three Bangladesh villages where one of the authors has been conducting research since 1991. The article discusses theoretical issues related to the measurement of women's empowerment, and describes findings from a recent study in the villages exploring the current salience of indicators developed for a 1992 survey. In the article we discuss the types of social, economic, and political change that affect the measurement of women's empowerment; propose and explain a new set of indicators for the rural Bangladesh setting; and discuss implications for measuring women's empowerment in other settings.     

Misappropriation of Institutions: Some Lessons from the Environmental Dimension of the NAFTA Investor-State Dispute Settlement Process

Trade regimes at all levels have confronted the dual challenge of rapidly expanding foreign direct investment, and the vigorous growth of international environmental regimes. Attempts to develop a global investment regime have encountered resistance, not least from environmental interests. At the same time, regional trade regimes have sought to address both the environmental and the investment agenda but in a very different manner. This article looks at problems encountered with the investor-state dispute settlement process established by the North American Free Trade Agreement (NAFTA). The institutional dimension of this process is largely drawn from the General Agreement on Tariffs and Trade (GATT), and existing international institutions for commercial arbitration. The article traces some of the difficulties encountered in attempting to use institutions designed for a specific purpose and implemented in one organizational context, to achieve a different purpose in another organizational context. It discusses the problems that arise when institutions appropriate for settling commercial disputes between private actors are used as the basis for balancing private interests and public goods, the environment in particular. It highlights the importance of a more developed understanding of the interplay between institutions and organizations at the international level so as to avoid undesired outcomes.     

Symptom Validity Testing in Claimants with Alleged Posttraumatic Stress Disorder: Comparing the Morel Emotional Numbing Test, the Structured Inventory of Malingered Symptomatology, and the Word Memory Test

In independent medical examinations, unjustified claims of posttraumatic stress disorder (PTSD) are to be expected at an increased rate. In a prospective study, consecutive cases of patients claiming PTSD who underwent independent neuropsychiatric evaluation were analyzed. For 61 adult patients, results of three symptom validity tests (Morel Emotional Numbing Test, Structured Inventory of Malingered Symptomatology, and Word Memory Test) were available. Seventy percent of all claimants showed probable negative response bias in at least one of the three tests, 25% in all three tests. High probability of negative response bias was associated with symptom overreporting and demonstration of cognitive deficits in performance tests. The results indicate that high rates of uncooperativeness must be expected in civil forensic patients with claimed PTSD. A multi-method approach to the assessment of response distortion in PTSD claimants is indicated.     

Negotiating Verification: International Diplomacy and the Evolution of Nuclear Safeguards, 1945–1972

Nuclear safeguards have been an essential part of the global order since the beginnings of the nuclear age. The International Atomic Energy Agency [IAEA], an international bureaucracy that is supposed to be a non-political, technical institution administers this global nuclear safeguards regime. Even though safeguards have always been controversial, they have turned out to be the most enduring item in the international community’s toolbox to prevent or slow down the spread of nuclear weapons to non-nuclear states. This analysis shows that nuclear safeguards, whilst they survived the fall of the Iron Curtain, were a genuine invention of the Cold War. At the beginning of the nuclear age, there was an overall understanding that safeguards were not strong enough to prevent the global spread of nuclear weapons. It was only over the course of the late 1950s and 1960s that safeguards moved from the margins to the centre of diplomatic negotiations about global nuclear order. Newly declassified records from the IAEA Archives in Vienna offer insights into the evolution of early nuclear safeguards and suggest that negotiation patterns, proceedings, and settings affected the outcome of this nuclear diplomacy.     

Balancing Regionalism and Localism: How Institutions and Incentives Shape American Transportation Policy

Public policy decisions are increasingly made by regional governance efforts that involve diverse decision makers from multiple government units within a geographic region. These decision-making bodies face competing pressures to represent regional and local interests. We study how decision makers balance preferences for regionalism and localism within metropolitan planning organizations (MPOs), the policymaking entities that are responsible for implementing U.S. federal surface transportation policy at the regional level. Our model of regional governance relates variation in regional policy outcomes to the incentives of MPO decision makers and the institutional environments in which they interact. Analyzing data from a sample of the nation's largest metropolitan areas, we find that MPOs dominated by elected officials produce more locally focused policies, holding other factors constant, while MPOs dominated by nonelected public managers produce more regionally oriented policies. Contextual factors, as well as the regional governance institutions themselves, further shape the balance between regionalism and localism.     

Optimization of Performance Validity Test (PVT) Cutoffs across Healthy and Non-Referred Clinical Research Samples

Performance validity tests (PVTs) effectively detect suboptimal test performance, but cutoff scores for a given test may differ between populations. This research examines how optimal PVT cutoffs differ in a collegiate research population when mental health and clinical conditions are considered. Healthy controls (n = 328) and non-referred students with self-reported clinical conditions (n = 42) were assigned to perform their best while others simulated ADHD symptoms (n = 123). PVT indices were derived from a stand-alone measure (Victoria Symptom Validity Test) and embedded measures (California Verbal Learning Test – Second Edition; Wechsler Adult Intelligence Scale – Fourth Edition, Digit Span). PVT cutoffs with the highest sensitivity, while maintaining adequate specificity, were identified when the control groups were considered together, and when students with reported clinical conditions were considered separately. Mean differences in PVT performances were found between the simulation group and control groups, but not between clinical and nonclinical controls. The optimized cutoffs differed for five of eight PVT indices when all controls were considered together versus the clinical control group, only. When discordance was observed, cutoffs tended to be lower (less stringent) for the non-referred clinical control group. Together, these optimized cutoffs tended to be more stringent than previously established cutoffs. This study suggests that PVT cutoffs may be responsibly altered in a research context in the presence of a clinical condition. Future research should investigate if PVT classification accuracies can be improved in clinical and forensic samples while considering clinical conditions.