Kostentragung im öffentlichen Recht de lege lata et ferenda

Der Grundsatz des § 74 Abs 1 AVG, wonach jeder Beteiligte die ihm im Verwaltungsverfahren erwachsenden Kosten selbst zu bestreiten hat, führt in modernen verwaltungsbeh?rdlichen Verfahren nicht selten zu unbilligen Ergebnissen. Desgleichen haften den Regelungen über den Ersatz von Kosten verfassungsgerichtlicher und verwaltungsgerichtlicher Verfahren Defizite an. Ausgehend von diesem Befund untersucht der Beitrag die Leistungsf?higkeit der geltenden Kostentragungsregelungen, zeigt Spannungsverh?ltnisse zu verfassungsrechtlichen und unionsrechtlichen Vorgaben und Reformbedarf auf und mündet schlie?lich in den Vorschlag einer Neukonzeption des Kostentragungssystems im ?ffentlichen Recht.     

Old master paintings,export veto and price formation: an empirical study

In this paper, we focus on the institutional setting where Old Masters’Paintings (OMP) markets transactions are carried. We develop a preliminary attempt to embody legal provisions in econometric, hedonic pricing models. We consider a particular regulation applicable only in Italy, the “export veto” for art objects that are particularly relevant for the national cultural patrimony. We proxy such legal provision in order to include it in the statistical analysis and to check whether it affects the OMP price differentials between pre-auction estimated price and post-auction hammer price. Preliminary results show that the price differential is affected by the legal variable, therefore suggesting that the country’s institutional framework plays an important role in price dynamics.     

Distributed Generation of Electricity: The Role of Academic Research and Advice in California’s “Clean DG” Policy Network

Deregulation and the combined threats of energy crises and global warming concern nations around the world, yet these issues continue to be addressed more directly by domestic regulatory systems than by international institutions. The present analyses of the integration of distributed sources of power generation (DG) into California’s electric utility system suggests that domestic environmental dilemmas with international repercussions provide an obvious entrée for global environmental policy specialists into the practice of environmental policy-making and law. Here I review current scholarship on policy networks that illuminates the contributions that technical and policy experts can make to such networks surrounding environmental issues. I then introduce the key members of California’s “clean DG” policy network that emphasizes the role of academic experts in this influential political system, and discuss how my own research has impacted the development of the state’s DG policy. I conclude that scholars are well positioned to observe and engage domestic and international environmental policy networks, and thereby also to influence environmental politics and law.     

Does Intimate Partner Violence Epidemiology Differ Between Homes With and Without Children? A Population-Based Study of Annual Prevalence and Associated Risk Factors

We sought to determine whether intimate partner violence (IPV) risk factors differed depending upon the presence of children in the home, and to estimate the annual prevalence of IPV first in the general population and then in homes with and without children. We analyzed data from a cross-sectional random sample of 6,836 women in southeastern Pennsylvania interviewed by telephone in 2004. The magnitude of association between IPV and risk factors varied between homes with and without children for women’s alcohol problems (with children, odds ratio (OR) 7.7; 95% confidence interval (CI) 2.9, 20.9; without children, OR 2.4; 95% CI 0.9, 6.0), and mental health problems (with children, OR 4.0; 95% CI 1.8, 8.9; without children, OR 3.0; 95% CI 1.6, 5.7). Poverty was significantly associated with IPV only in homes without children (OR 3.6; 95% CI 1.9, 7.2). Annual IPV prevalence was 1.2% overall, 1.4% in homes with children, and 1.1% in homes without children. One in 63 children lived in a home with IPV. Differences in IPV risk factors in homes with and without children suggest distinct underlying IPV mechanisms or consequences in these contexts.     

Compulsive traits and police officer performance

As a general rule, pathologies tend to impair job performance. In a study involving performance criteria and the Personality Assessment Inventory in a sample of Louisiana police officers (N=800), OCD characteristics correlated significantly in a negative direction with several performance criteria, such as involvement in an on-duty or off-duty at fault moving violation, number of on-duty or off-duty at fault moving violations, any citizen complaints regarding unprofessional conduct, number of unprofessional conduct, and accusation in any way of racially offensive conduct, behavior, verbalization, or complaints. It has been found that the traits of obsessive-compulsive disorder, in moderation, may actually improve performance in police officers. This agrees with the Yerkes-Dodson law, which states that peak performance occurs when a person experiences mild to moderate levels of stress. Authors' Note: Emily DeCoster-Martin was an undergraduate psychology major at The University of Evansville at the time this paper was written. William U. Weiss, Ph.D., is a professor in the Department of Psychology, The University of Evansville, 1800 Lincoln Av., Evansville, IN 47722. Robert D. Davis, Ph.D., is executive vice-president and director of science, research, and development for Matrix, Inc., Baton Rouge, Louisiana. Cary Rostow, Ph.D. is president of Matrix, Inc.