Trotz Art 6 MRK keine mündliche Verhandlung bei Aufhebung einer einstweiligen Verfügung, wenn nur Rechtsfragen und "technische Fragen" zu klären sind

Ist Verfahrensgegenstand eine einstweilige Verfügung nach § 382b EO, liegt eine Entscheidung über "civil rights" vor. Somit ist Art 6 MRK auch im Provisorialverfahren anwendbar. Die Aufhebung einer einstweiligen Verfügung erfordert trotz Art 6 MRK keine mündliche Verhandlung, wenn bei unstrittigem Sachverhalt lediglich Rechtsfragen oder in hohem Ma? technische Fragen zu kl?ren sind. Die blo?e ?nderung der Beweislage bildet keinen Grund für die Aufhebung einer einstweiligen Verfügung. Die analoge Anwendung der Vorschriften der ZPO über die Wiederaufnahmsklage ist im Provisorialverfahren nicht vorgesehen.     

Parties and their Leaders. Does it matter how they match? The German General Elections 2009 in comparison

The ‘personalization of politics’ hypothesis assumes that personalization takes place in election campaigns, in the mass-media, and in the calculus of voting. We claim that the distinction between person/leader and organization implicitly assumed by the personalization hypothesis does not capture how voters observe politics. In contrast, our hypothesis is that evaluation criteria regarding parties and leaders are not in competition but reinforcing. This hypothesis is investigated by looking at the relevance of party and leader evaluations for vote choice in the German Federal Elections in 1998, 2002, 2005, and 2009. The results show that party evaluation matter more than leader evaluation and, more importantly, a match of parties and their leaders with regard to general evaluations determine vote choice as good as single evaluations together.     

Laboratory simulation and bias in the study of juror behavior

Theoretical speculation and meta-analysis suggest that the strength of treatment effects (e.g., defendant attractiveness) may become weaker as the experimental simulation becomes more realistic and complex. In order to test this hypothesis, various levels of biasing pretrial publicity were combined with both a short and a long trial. Results provided no support for the contention that treatment effects act differently as a function of the length of the stimulus trial in which they are embedded. Rather, it is suggested that treatments used in simplified jury simulations may often show similar effects when examined in more realistic, complex settingsif the treatments are comparable.This research was supported by NSF Research grant No. SES 8419944 to the second author, John Carroll, and James Alfini. Portions were presented at the Midwestern Psychological Association Convention, Chicago, May 7–9, 1987.     

Velocity necessary for a BB to penetrate the eye: an experimental study using pig eyes

PURPOSE: To determine the V-50 threshold velocity needed for a steel BB to penetrate the eye of a 230-pound pig. METHOD: BBs were shot at a distance of 10 feet into the corneas of pig eyes with a pump-action BB gun. RESULTS: The V-50 velocity for corneal penetration and serious disruption of the eye was found to be 246 ft/sec. CONCLUSION: Due to the nearly identical size and anatomy of the human eye to the pig eyes used in this study, it is felt that 246 ft/sec is a reasonable approximation of the velocity needed to penetrate the human eye.     

Turnout in gubernatorial and senatorial primary and general elections in the South, 1922–90: A rational choice model of the effects of short-run and long-run electoral competition on relative turnout

Using data on non-presidential-year elections for governor and U.S. Senators in eight southern states over the period 1922– 1990, we provide a rational-choice-inspired model of the factors that should be expected to affect the relative levels of turnout in primaries as compared to general elections. Both V.O. Key and Anthony Downs have argued that voters will be more likely to participate in the elections in which they can most expect to be decisive. V.O. Key (1949) proposed that when general elections are usually lop-sided because of one-party dominance of a state's politics the primary of the dominant party of the state should have a higher turnout than the general election. Downs argued that turnout should be higher in competitive elections. Our modelling combines these ideas. We use as our dependent variable the ratio of primary to general election turnout in each year. We posit that this ratio will increase (1) the greater the degree of within-party competition in the primary (especially that within the dominant party of a state, if there is one), and (2) the weaker the degree of between party competition in the general election. In addition to election-specific effects, we also posit long-run effects, such that the ratio for the offices of governor and U.S. Senator will be affected not merely by the degrees of competition within and between parties specific to any given election, but also by the long-run trends in party competition. This hypothesis leads us to expect that, (3) in the South, with the rise of the Republican party, the ratio of primary to general election turnout should decline over time. All of our expectations about the links between turnout and competition are strongly supported. We argue that rational choice models of turnout perform quite well when we view them in a comparative statics perspective, rather than using them to make predictions about who will and who will not vote in any given election.     

State-Organized Crime,International Law and Structural Contradictions

Following the trail blazed by Bill Chambliss in his 1988 Presidential Address to the American Society of Criminology, this article engages two interrelated issues concerning the concept of state-organized crime that he pioneered. First, the article develops Chambliss’s argument that criminologists should define state crime as behavior that violates international agreements and principles established in the courts and treaties of international bodies. Second, although Chambliss effectively argued that international law “on the books” provides a framework of substantive concepts and categories that allows criminologists to define certain state actions as a form of crime, “in action” international laws fail to provide legal accountability for states and protection for victims. This article demonstrates, however, that Chambliss’s structural contradictions theory of law can help to explain this paradox.     

Advance directives in bipolar disorder, a cognitive behavioural conceptualization

Mental Health Advance Directives (MHADs) are potentially useful for bipolar patients due to the episodic characteristic of their disease. An interest for the development of a Cognitive Behavioural Therapy (CBT) approach in the creation process of MHADs arises because of a lack of efficiency of the non-collaborative processes, the potential impact of psychopathology and the awareness of the illness in MHADs' content, the link between the patient's directives interest and the case manager's interest, and the lower interest reported by the potentially high MHADs beneficiary. The CBT intervention in the MHADs creation process that is proposed in this article is based on: the self-determination model for adherence, the cognitive representation of illness model, and the concordance model. The principles of the intervention were adapted from Motivational interviewing's (MI), emphasising personal choice and responsibility, and focusing on the patient's concerns about the treatment through Socratic dialogue. During the course of 2004, 20 advance directives written by patients (17 with bipolar disorder, 3 with schizoaffective disorder) have been collected following the described intervention. Therefore, this intervention seems to be relevant for patients with bipolar disorder.