Heinrich Freiherr von Lersner/Konrad Berendes/Michael Reinhardt (Hrsg.): Handbuch des Deutschen Wasserrechts

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Towards the Law &; Economics of development: Ragnar Nurkse (1907–1959)

The purpose of this essay is, first, to suggest Ragnar Nurkse as a Law & Economics thinker, and second, yet more importantly, to demonstrate the possibility and desirability of a Law & Economics of Development along Nurksean lines. Ragnar Nurkse (1907–1959), whose 100th birthday is celebrated in 2007, is one of the founding fathers of classic development economics. Given the recent interest in the Law & Economics of development, showing how a classic figure in the field successfully used such an approach might be of considerable interest, especially as development economics is a very emotional field which may well profit from the ‘objectivizing’ function of Law & Economics. Nurkse’s economics-based realism, his focus on what effect a program really has, rather than what it is supposed to have, and on what a policy can steer or change and what not, based on a typically Stiglerian attention to aggregate welfare, seem especially productive. Finally, the essay suggests a set of Nurkse-based principles or theses for a Law & Economics of Development.

Probleme des EU-VStVG

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Criminal recidivism in sexual homicide perpetrators

Forensic psychiatric reports on 166 sexual homicide perpetrators in Germany were retrospectively analyzed for criminal risk factors. Follow-up information about release and reconvictions from federal criminal records was available for 139 offenders; 90 (64.7%) had been released. The estimated recidivism rate (Kaplan-Meier analyses) for 20 years at risk was 23.1% for sexual and 18.3% for nonsexual violent reoffences. Three men (3.3%) were reconvicted for attempted or completed homicide. Only young age at the time of sexual homicide resulted in higher sexual recidivism, whereas increased nonsexual violent recidivism was related to previous sexual and nonsexual delinquency, psychopathic symptoms, and higher scores in risk assessment instruments. Increased recidivism with any violent reoffence was associated with age-related factors: young age at first sexual offence, at homicide, and at release and duration of detention. The impacts of the results for risk assessment, relapse prevention, and supervision are discussed.     

Effi Böhlke: „Esprit de nation“, Montesquieus politische Philosophie

Ohne Zusammenfassung

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Government Shekels without Government Shackles? The Administrative Challenges of Charitable Choice

As President Bush plans to expand "Charitable Choice," civil libertarians worry that the legislation is part of a new assault on separation of church and state. Religious Right activists demand assurances that funds will not flow to groups like the Nation of Islam or Scientologists. African American pastors in urban areas—arguably the main targets of the initiative—are concerned that "government shekels" will be accompanied by "government shackles," that the costs and regulatory burdens accompanying collaborations with government will divert resources from client services and mute their prophetic voice.
Caught in the middle are public managers, who must make the legislation work in the face of significant administrative challenges. Those challenges occur in three areas: contracting procedures, contract administration, and evaluation. In each of these categories, political realities and constitutional constraints will significantly complicate the manager's job.     

COPARENTING ARRANGEMENTS IN A JURISDICTION WITH STATUTORY GUIDELINES

Some states have recently moved away from the traditional winner-loser model of child custody to one focused on coparenting. Under the old approach, divorce decrees typically "awarded" custody to one parent while relegating the other to a "visitor" with poorly defined status. The new system is premised on the child's need for a continuing relationship with both parents and promotes this goal by upgrading the noncustodial parent's status and time-share, assigning substantive rights and responsibilities to both parents. To give effect to the shared parenting idea, Texas adopted joint custody and statutory visitation guidelines legislatively. The policy covers all major aspects of parental rights and duties with great specificity (not just child support, for which all states must have guidelines). It applies equally to divorce and paternity cases. Judges are authorized to deviate from standard visitation guidelines but must state a rationale for doing so on request. Parties may also negotiate and agree to arrangements at variance with the guidelines, subject to approval by the court. This article describes the statutory regime in Texas and its implementation in the family court system. Based on a sample of divorce and paternity cases in the state's largest jurisdiction, it documents innovative court interventions and a wide array of coparenting and support arrangements.