Schadenersatz wegen im Prozess verz?gerter R?umung

Immer wieder kommt es vor, dass Bestandnehmer in R?umungsprozessen Einwendungen erheben, um die R?umung zu verhindern bzw hinauszuschieben. Dadurch k?nnen dem Vermieter Sch?den entstehen, die durch die prozessrechtliche Kostenersatzpflicht und Benützungsentgelte nicht gedeckt sind. In deswegen geführten Schadenersatzprozessen hat der OGH die Frage der Beweislast zum Verschulden bisher unterschiedlich beantwortet. Oftmals wurde der Vermutung, dass die Anrufung des Gerichtes gutgl?ubig erfolgt, Vorrang gegenüber der Beweislastregel nach § 1298 ABGB gegeben. Zu diesem Rechtsstandpunkt ?u?erte sich der OGH nun ausdrücklich in der nachstehend besprochenen Entscheidung 1 Ob 153/11y.     

The MMPI and adolescent patients in a state hospital

Because of the increasing number of adolescents being admitted to state hospitals and because of the lack of sufficient information regarding the use of the MMPI with these patients, this study was undertaken in order to provide normative data for the MMPI with this particular clinical population. The subjects were 113 male and 97 female psychiatric patients from the Adolescent Unit (AU) at Rusk State Hospital (RSH). As each patient was admitted to the AU, he was scheduled for psychological testing, with the MMPI being a part of this testing. The results indicate that, with this particular psychiatric population, background variables had no significant relationship to MMPI performance. The validity scales were characterized by an extremely elevated F scale for males and females, while male and female performance on the clinical scales showed elevation (above T score of 70) on the Pd and Sc scales. In conclusion, it seems that the most outstanding characteristic of young state hospital patients on the MMPI is extreme elevation on the Pd and Sc scales and the F scale. In interpreting the MMPI, it would seem necessary then to reevaluate the meaning being associated with these scales, especially the F scale, when dealing with this particular psychiatric population.Received B.S. and M.S. in Psychology at North Texas State University in 1967 and 1968. Interests are personality characteristics of psychiatric in-patient adolescents and personality characteristics of drug users, drug experimenters, and non-drug users. In general, most of his interests are confined to describing the characteristics of psychiatric in-patients in our state hospitals.Received A.S. in Data Processing at Miami-State Junior College in 1966; received B.S. in Mathematics at the University of South Florida in 1968; received M.S. in Statistics at Virginia Polytechnic Institute in 1970. Major interest is in statistical methodologies in the field of mental health and mental retardation.Received B.S. and M.S. in Psychology at North Texas State University in 1968 and 1969, respectively. Major interest is in personality characteristics of adolescent patients in our state hospitals.     

Arenas without Rules and the Policy Change Process: Outsider Groups and British Roads Policy

A key task of governments is to construct and manage systems of consultation whereby the vast array of interest groups seeking to influence public policy can be accommodated. Conventional wisdom holds that key insider groups secure for themselves special privileges, not least of which is an ability to prevent radical policy change. A concomitant view is that public policy emerges from relatively stable networks of actors who have some mutual resource dependencies. One reason why this paradigm is showing signs of intellectual fatigue is that it seems weak in explaining policy change. Yet, policy change does take place. Indeed, it is one of the characteristics of the 1980s and 1990s. This article examines an example of the traditional modalities of consultation failing to accommodate new interests, knowledge and ideas. This breakdown appears to have occurred by the use of alternative policy 'arenas without rules' by outsider groups, leading to a radical new 'framing' of transport policy. Moreover, government has failed to constrain the new policy issues in predictable and stable systems of consultation.     

Punishment,reward and the fortunes of states

Existing theories explain the rise and fall of states either by random factors specific to each state or by a life cycle to which any state eventually succumbs. However, neither approach is able to explain systematic patterns such as the tendency toward smaller political units during the millennium from 400 to 1400 A.D. and the movement in the opposite direction over the last six centuries. Here it is argued that such changes are due to innovations in the technology of information processing and military control that alter the cost of generating rewards and imposing punishment.I would like to thank Jean Tirole, Gordon Tullock and Mancur Olson for helpful comments on earlier drafts of this paper.