Zur Berücksichtigung des Denkmal-, Kulturgüter- und Welterbeschutzes in der Novelle des Bundeswaldgesetzes

Der Wald hat für uns ?konomische, ?kologische, soziale und kulturelle Bedeutung. Leider ist in letzter Zeit die kulturelle Bedeutung im Vergleich zur ?kologischen Bedeutung ins politische Abseits geraten. Nun will man das seit 1975 geltende Bundeswaldgesetz novellieren. Dabei sollte zur besseren Berücksichtigung des Denkmalschutzes bei der Definition des Waldes klargestellt werden, dass Park-, Garten- und Friedhofsanlagen kein Wald im Sinne des Bundeswaldgesetzes sind. Die Bedeutung des Waldbodens als Archiv der Natur- und Kulturgeschichte muss betont werden. Nicht zuletzt wegen der angestrebten Eintragung der Deutschen Buchenw?lder in die Liste des Erbes der Welt muss zum Ausdruck kommen, dass Deutschland die europ?ischen und internationalen Bemühungen zum Erhalt des Kultur- und Naturerbes wie das übereinkommen zum Schutz des Kultur- und Naturerbes der Welt von 1972 unterstützt.     

In-Between Worlds: Marleasing and the Emergence of Interlegality in Legal Reasoning

Abstract Lawmakers and scholars are so busy looking for new ways to develop a European private law that they are failing to see the virtues of an already existing private law harmonisation tool. This tool is the requirement of interpretation in conformity with directives as it has been designed by the Court of Justice in Marleasing and its progeny. In this paper, it is submitted that this case law operating at the level of rules on legal reasoning, and not at the level of substantive law, is a far more sophisticated means of private law harmonisation than all the measures discussed in the last years. Namely, the requirement of interpretation in conformity with directives is allowing the Common Market to develop coherently without neglecting the significance of national legal cultures. How this difficult equilibrium between harmonisation and legal pluralism might be maintained by the tool the Court of Justice developed in Marleasing is explained in this paper with the help of evolutionary jurisprudence.     

JUVENILITY AND PUNISHMENT: SENTENCING JUVENILES IN ADULT CRIMINAL COURT*

The study outlined in this article addressed a key limitation of prior research on the punishment of juveniles transferred to adult court by employing propensity score matching techniques to create more comparable samples of juvenile and young adult offenders. Using recent data from the Maryland State Commission on Criminal Sentencing Policy, it tested competing theoretical propositions about the salience of juvenile status in adult court. Findings indicate that even after rigorous statistical matching procedures, juvenile offenders are punished more severely than their young adult counterparts. We found no evidence that this “juvenile penalty” is exacerbated by an offender's race or gender, but it does vary starkly across offense type and mode of transfer, being driven primarily by drug crimes and discretionary waivers. The import of these findings is discussed as they relate to the future of juvenile justice policy regarding the continued use of juvenile transfer to adult court.     

PROBATION AND PAROLE: PUBLIC RISK AND THE FUTURE OF INCARCERATION ALTERNATIVES*

Jail and prison populations in the United States have continued to grow unabated during the past two decades but crime rates have not declined. Partly in response to the pressures caused by burgeoning correctional populations, the use of alternatives to incarceration has expanded. An ongoing debate centers on the effectiveness of these alternatives. Many criminal justice professionals and some researchers question whether such alternatives seriously restrict the criminal justice system 's ability to incapacitate the active offender. This study deals specifically with two alternatives to incarceration: probation and parole. We examine offender recidivism for a sample of probationers and parolees active in New Orleans, Louisiana, and offer a new approach to addressing the effectiveness issue. Past research has evaluated the effectiveness of alternatives by examining failure rates of diverted offenders. High failure rates, we argue, do not necessarily imply a significant loss of the incapacitative effects of imprisonment. We suggest that a more appropriate measure of the loss of incapacitative effect is the proportion of all offenses committed by persons on probation or parole. Our results suggest that such losses are surprisingly low. The policy implications of our findings are discussed.     

Lingual markings of anterior teeth as seen in human bite marks

A review of the available literature does not reveal a plausible explanation as to why the incisal edges of maxillary anterior teeth do not always mark clearly. Generally, the mandibular incisal edges do mark with some consistency. This paper demonstrates through test bites on skin that the answer lies in the position of the mandible.     

A tale of two cities

The authors are respectively parttime professor sociology at the University of Texas (San Antonio) as well as lecturer at the medical faculty of the State University Limburg (section psychiatry) and researcher at the Research and Documentation Centre of the Ministry of Justice, Schedeldoekshaven 100, 2511 EX The Hague, The Netherlands. Dorette Courtar, a mobility programme exchange student at the University of Maastricht and the Stockholm University, assisted in the basic research. We would like to thank Paulina Loennroth and the mayor of Hulst, dr. A.A.L.G.M. Kessen, both connected to the ECAD and Paul Vasseur, Urban Weber, Suzanne Schardt, all connected to the ECDP for their information and comments.     

Comparison of fingernail striation patterns in identical twins.

The fingernail ridge patterns of a pair of identical twins were compared to each other, their parents, and an unrelated subject. The patterns of the twins' nails showed regions of strong similarity but were distinguishable from one another. Fewer similarities were found when comparing the nails to those of the parents and the unrelated control. The twins were shown to be monozygotic by means of DNA profiling. This therefore represents the first demonstration of unique fingernail ridge patterns in subjects shown conclusively to be identical twins. When the fingernail ridge patterns were examined with a scanning electron microscope, the backscattered electron (BEI) images were found to have superior contrast when compared to the secondary electron (SEI) images.