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.     

Assimilation and contrast effects in voter projections of party locations: Evidence from Norway,France, and the USA

Abstract. In the standard Downsian model, voters are assumed to choose parties based on the extent of ideological proximity between the voter's own position and that of the party. Yet it is also well known that there are rationalization and projection effects such that voters tend to misestimate the policy platforms of candidates or parties to which they are sympathetic by overstating the correspondence between those positions and the voter's own preferences (see, e.g., Markus & Converse 1979; Granberg & Brent 1980; Granberg & Holmberg 1988; Merrill & Grofman 1999). Here we follow insights in the psychological literature on persuasion (Sherif & Hovland 1961; Parducci & Marshall 1962) by distinguishing between assimilation and contrast effects. Assimilation refers to shortening the perceived ideological distance between oneself and parties one favors; contrast refers to exaggerating the distance to parties for which one does not intend to vote. Using survey data on voter self–placements and party placements on ideological scales for the seven major Norwegian parties, five major French parties, and two major American parties we show that both assimilation and contrast effects are present in each country to a considerable degree.We also investigate the possible effects of randomness in party placement and scale interpretation – effects that can easily be confounded with assimilation but not so easily with contrast.     

Conceptualizing voter choice for directional and discounting models of two-candidate spatial competition in terms of shadow candidates

In contrast to the traditional modeling of voter choice based on proximity, under directional models, selection of candidates is based on the direction and/or intensity of change from a status quo or neutral point. Voter choice can also be modeled as representing both approaches, e.g., as a directional model with proximity restraint, or alternatively, in terms of proximity to discounted positions. We provide a unified perspective for these seemingly disparate models in terms of what we call “shadow” positions. We demonstrate that voter choice in a variety of spatial models including directional components can be viewed as proximity-based choices. Voters choose the candidate whose shadow is nearer, where shadow locations are defined by a simple transformation. We apply this approach to equilibrium analysis, showing that results for a discounted proximity model can be carried over – via shadows – to a variety of directional models.     

Nash equilibrium strategies in directional models of two- candidate spatial competition

The standard approach to two-party political competition in a multi-dimensional issue space models voters as voting for the alternative that is located closest to their own most preferred location. Another approach to understanding voter choice is based on preferred direction of change with respect to some specified neutral point (e.g., an origin or status quo point). For the two-dimensional Matthews directional model (Matthews, 1979), we provide geometric conditions in terms of the number of medians through the neutral point for there to be a Condorcet (undominated) direction. In this two-dimensional setting, the set of residual locations for which no Condorcet directions exist is identical to the null dual set (Schofield, 1978) and to the heart (Schofield, 1993). In two dimensions, for most locations of the origin/status quo point, a Condorcet direction exists and points toward the yolk, a geometric construct first identified by McKelvey (1986). We also provide some simulation results on the size of the null dual set in two dimensions when the underlying distribution of points is non-symmetric.     

The evolution of the New Patriotic Party in Ghana

This paper examines the emergence and development of the ruling New Patriotic Party (NPP) government in the context of a broader examination of the roles of political parties within the Ghanaian political landscape. After describing the political architecture as well as some significant constitutional issues of Ghana's democracy and the roles played by other societal stakeholders, the paper examines the rationale for the formation of the NPP, its manifesto, structure, constituency, power brokers. It then analyses various aspects of the implementation (or not) of the NPP's political and economic objectives since it came to power in 2000 with a message of ‘positive change’. The electoral politics of the campaigns against its major opposition, the National Democratic Congress (NDC), and issues of regionalism, ethnicity and other factors are considered in detail. The paper concludes with some lessons learned and generic recommendations for emerging African political parties in relatively young democracies.