Ausfallshaftung und Kaduzierung

Eine jüngst ergangene Entscheidung des OGH (6 Ob 204/11k wbl 2012, 291) bietet Anlass, über das Verh?ltnis der Ausfallshaftung (§ 70 GmbHG) zum Kaduzierungsverfahren (§ 66 GmbHG) nachzudenken. Die Rechtsfrage lautet: Bedarf die Geltendmachung der Ausfallshaftung der vorherigen Durchführung eines Kaduzierungsverfahrens?     

Why Is Fast Track the Way to Go? Justifications for Early Agreement in the Co‐Decision Procedure and Their Effects

Since the introduction of the co‐decision procedure by way of the Maastricht Treaty, the procedure has been transformed considerably. One of the most striking innovations is the possibility to adopt a legislative act in first reading. This article aims to answer the questions whether the increasing use of this fast track procedure is in line with Treaty provisions and/or intra/inter‐institutional rules, and what the effects are of these stipulations. The empirical findings presented in this study indicate that two reasons for taking the fast track gain dominance in the practical political process, ie the political priorities of the Council and European Parliament (EP) and whether these actors consider a legislative file as urgent. From a study of two directives, it becomes clear that this dominance of factors has consequences for the type of early agreement reached (first or early second), the quality of the adopted legislation and its implementation at the national level.     

The Prevalence and Correlates of Depression and Hopelessness among Sex Offenders Subject to Community Notification and Residence Restriction Legislation

Little research has investigated the prevalence of mood disturbance among sex offenders despite the fact that psychological distress may bear some relationship to community reintegration, and ultimately, recidivism. All offenders on New Jersey’s sex offender Internet registry were mailed surveys about their experiences with, and perceptions of, notification and residence restriction statutes, the Beck Depression Inventory-II (BDI-II), and the Beck Hopelessness Scale (BHS). On average, respondents (N = 104) reported mild to moderate levels of depressive symptoms (M _BDI = 17.1) and hopelessness (M _BHS = 6.9). Additionally, offenders who reported being negatively affected by residence restrictions and notification statutes reported higher levels of both depression and hopelessness. Given evidence that sex offender specific legislation may de-stabilize offenders, this research highlights the importance of managing affective states in this population.     

Crime Control in the 2008 Presidential Election: Symbolic Politics or Tangible Policies?

Presidential candidates regularly use crime issues to help win electoral support. Contrary to conventional wisdom, crime control became an issue in the 2008 presidential campaign. Despite decreasing crime rates and public opinion focused only temporarily on illegal immigration, the three major presidential candidates (Obama, Clinton, & McCain) discussed many anticrime initiatives during the campaign. Unlike past research which has found presidential candidates use primarily symbolic rhetoric in their anticrime rhetoric, all three presidential candidates in the 2008 presidential election were found to have employed tangible statements. The article discusses the different findings, making recommendations for future research.     

Some Further Comments on the First Section of the Vigrahavyāvartanī

The publication deals with topics concerning the interpretation of the Vigrahavyāvartanī in as much as they are relevant for the understanding of (early) Madhyamaka-philosophy in general. A major part of the article is dedicated to a critical assessment of a number of views which have been propagated recently in a paper by Sharma (In: Nagoya studies in Indian culture and Buddhism, Saṃbhāṣā, 2011). A primary goal of the present investigation consists in substantiating the claim that early Madhyamaka represents a metaphysical teaching which stands in sharp contrast not only to stances of common sense but also to tenets propagated in Buddhist dogmatics.     

Social learning and self-control: assessing the moderating potential of criminal propensity

Social learning theory is one of the most prominent general theories of crime. Yet recent research has called into question its applicability to all offenders. Specifically, the influence of antisocial peers has been found to exert a stronger effect among those individuals evincing higher levels of criminal propensity (deemed social amplification), whereas other components of the theory have either not been shown to interact with criminal propensity or not been tested. This study examines several social learning theory components to determine whether its influence is dependent on an individual's level of self-control. Results suggest little support for the social amplification hypothesis as the components of social learning theory were found to operate similarly across individuals regardless one's level of self-control. Implications for criminological theory are discussed.     

Examining Rapport in Investigative Interviews with Suspects: Does its Building and Maintenance Work?

Rapport is an important part of the interviewing of suspects, enabling them to supply information more freely. This study examined 142 actual interviews with suspects, focussing on key tasks that aid rapport. Using an established framework to examine rapport building skills in the early stages of interviews, the study also measured how skilled attempts at sustaining rapport were when interviewers attempted to gather information from suspects and probe accounts for their reliability. It was found that opportunities were often missed to build rapport in the initial stages as several tasks were overlooked. Also, where any rapport had been initially built, it was not always maintained as tasks undertaken later in the interview which may well have assisted rapport maintenance were often conducted unsatisfactorily. Thus, initial rapport building of itself, therefore, is not sufficient in influencing overall interview quality and outcomes, since rapport also has to be maintained throughout the interview.