Abgrenzung Geschäftsraummiete und Unternehmenspacht im Einkaufszentrum – Zulässigkeit einer Feststellungsklage

Die Zul?ssigkeit der Feststellungsklage, ob ein Bestandverh?ltnis ein Miet- oder Pachtverh?ltnis ist und ob ein Bestandverh?ltnis den Bestimmungen des MRG oder den Kündigungsschutzbestimmungen unterliegt, ist zu bejahen. Bei der Abgrenzung von Gesch?ftsraummiete und Unternehmenspacht kommt es stets auf die jeweiligen Umst?nde des Einzelfalls an     

Psychopathy and Sexual Sadism

Psychopathic personality disorder and sexual sadism share several common characteristics, such as emotional detachment from the suffering of others or the preparedness to inflict pain or injuries. Based on a sample of 100 male forensic patients (all of them sex offenders, half of them sadistic), the concept of psychopathy and sexual sadism as a unified construct was tested empirically. Pooling indicator variables for psychopathic and sexually sadistic disorders showed that a two-factorial solution yielded a better fit than a single-factor model. The two factors identified psychopathy and sexual sadism as separate latent variables. More specifically, the data were compatible with a path model in which affective deficits and behavioral disinhibition of the psychopathy domain are precursors to sexually sadistic conduct.     

An Unusual Case of Multiple‐Gunshot Suicide of an Alcohol‐Intoxicated Cancer Sufferer with Prolonged Physical Activity

Multishot firearm suicides are relatively rare and suggest the possibility of homicide. Physical activity following gunshots to the head, the neck, and the thorax does occur, and immediate incapacitation does not occur in every fatal gunshot wound that penetrates the head or perforates the heart. Cancer patients appear to be at increased suicide risk, but alcohol intoxication is less common in such cases. We present—to the best of our knowledge for the first time—a case of a 54‐year old, male, liver cancer sufferer, who under the influence of alcohol, discharged his revolver three times, suffered, among other wounds, a heart‐perforating wound, and died after c. 1.5 h, being able to talk until just before he died. Our case underlines the importance of keeping an open critical mind when dealing with multiple‐gunshot fatalities, especially when posttraumatic physical activity might be crucial in differentiating homicide from suicide.     

Regulating government (’s share): the fifty-percent rule of the federal constitutional court in Germany

Some numbers in the political sphere seem to be chosen rather arbitrarily. One example might be the rule set out by the Second Senate of the German Federal Constitutional Court in 1995 that the overall tax load on assets must be limited to 50% of the yield on those assets. This rule was understood by many as a general principle for taxation. The article first sketches the socio-political climate under which the rule originated: a rise of neo-liberal thought met with the inability of the political institutions to reform the German welfare state with its ever-growing expenses. The Constitutional Court’s intervention is interpreted as a reaction to this stagnation in politics. An analysis from the perspective of Constitutional Law, however, reveals that the 50% rule cannot be convincingly based on the German Basic Law, and instead must be seen as a political move of the Court. But this move did not follow an economic rationality, either; for an optimal government’s share can only be determined in relation to the economic performance of a country and not by fixing it generally at a maximum of 50% of GDP. The demise of the 50% rule already began four years later. In 2006, finally, the Senate moved away from the individual rights-based approach of 1995 to a more general assessment, taking also into account an increasingly globalized tax competition. The reason for this clear-cut change in the Court’s jurisprudence can be found in a change of the socio-political and institutional parameters, thus witnessing to the effect of the political climate on court decisions. The analysis also shows that the rule was created and abandoned only on the basis of an “introverted” legal discussion, economic arguments hardly playing any role in the process. The new line of the Senate, however, might guarantee for a better integration of economic science into tax policy by exchanging fixed limits for a “discursive” model, demanding from the tax legislator better reasons for higher taxes.     

Online Campaigning in Germany: The CDU Online Campaign for the General Election 2009 in Germany

The German election year 2009 saw the first attempts by political parties to include Web 2.0 services in their online campaigns. The 2009 election therefore offers the opportunity to examine how political parties outside the USA – where online campaigning has become commonplace – choose to use online tools in their campaigns. This paper examines the online campaign of the German Christian Democratic Union (CDU) with a special focus on the campaign's use of Web 2.0 services. The different elements of the campaign will be discussed with regard to three basic functions of online campaigning provided by the relevant literature: 1) presence in the online information space; 2) support of the infrastructure of politics; 3) creation of symbols for political support and participation. This paper shows that these functions were all present in the CDU's use of online tools in the campaign of 2009.     

On socialization,patriotism and trust: the migration of homeward-bound Russian academics

Because global labor markets affect the self-assignment of academics, they also affect structural changes in migration movements. To understand the migration patterns of highly qualified academic scholars, research has focused on their mobility, including their return migration. Thus far, studies have examined migrants from Latin America to the United States, but the impacts of cultural or societal contexts on migration have not been investigated.

Based on an empirical study of Russian academics who have migrated to Germany, we propose theory-based answers to the following questions: Is trust a relevant motivation for homeward-bound academic migrants to return to their native countries, and who or what is the object of this trust? Why do these migrants, in contrast to the vast majority of interviewees, self-identify with their society of origin? Does transaction cost theory explain these academics' motives for migration? Is their temporary stay beneficial to the host society?