Ausfallshaftung und Kaduzierung

Eine jüngst ergangene Entscheidung des OGH (6 Ob 204/11k wbl 2012, 291) bietet Anlass, über das Verh?ltnis der Ausfallshaftung (§ 70 GmbHG) zum Kaduzierungsverfahren (§ 66 GmbHG) nachzudenken. Die Rechtsfrage lautet: Bedarf die Geltendmachung der Ausfallshaftung der vorherigen Durchführung eines Kaduzierungsverfahrens?     

Dichroism measurements in forensic fibre examination. Part 4-dyed acrylic and acetate fibres

A number of dyed acrylic and acetate fibre samples were examined with plane polarized light on their dichroic behavior by optical light microscopy (OLM) and microspectrophotometry with plane polarized light (MSP-PPL). It was found that most of these low birefringent fibres possess weak dichroic effects that are very hard to observe with microscopy. However, using MSP-PPL, the linear dichroism could be measured. A comparison between the dichroic effects found for the same disperse dyes on triacetate (TrAc), diacetate (Ac), polyester (PES) and polyamide (PA) shows that the linear dichroism follows the order: PA>PES >TrAc, Ac.     

The Prevalence and Correlates of Depression and Hopelessness among Sex Offenders Subject to Community Notification and Residence Restriction Legislation

Little research has investigated the prevalence of mood disturbance among sex offenders despite the fact that psychological distress may bear some relationship to community reintegration, and ultimately, recidivism. All offenders on New Jersey’s sex offender Internet registry were mailed surveys about their experiences with, and perceptions of, notification and residence restriction statutes, the Beck Depression Inventory-II (BDI-II), and the Beck Hopelessness Scale (BHS). On average, respondents (N = 104) reported mild to moderate levels of depressive symptoms (M _BDI = 17.1) and hopelessness (M _BHS = 6.9). Additionally, offenders who reported being negatively affected by residence restrictions and notification statutes reported higher levels of both depression and hopelessness. Given evidence that sex offender specific legislation may de-stabilize offenders, this research highlights the importance of managing affective states in this population.     

Crime Control in the 2008 Presidential Election: Symbolic Politics or Tangible Policies?

Presidential candidates regularly use crime issues to help win electoral support. Contrary to conventional wisdom, crime control became an issue in the 2008 presidential campaign. Despite decreasing crime rates and public opinion focused only temporarily on illegal immigration, the three major presidential candidates (Obama, Clinton, & McCain) discussed many anticrime initiatives during the campaign. Unlike past research which has found presidential candidates use primarily symbolic rhetoric in their anticrime rhetoric, all three presidential candidates in the 2008 presidential election were found to have employed tangible statements. The article discusses the different findings, making recommendations for future research.     

Some Further Comments on the First Section of the Vigrahavyāvartanī

The publication deals with topics concerning the interpretation of the Vigrahavyāvartanī in as much as they are relevant for the understanding of (early) Madhyamaka-philosophy in general. A major part of the article is dedicated to a critical assessment of a number of views which have been propagated recently in a paper by Sharma (In: Nagoya studies in Indian culture and Buddhism, Saṃbhāṣā, 2011). A primary goal of the present investigation consists in substantiating the claim that early Madhyamaka represents a metaphysical teaching which stands in sharp contrast not only to stances of common sense but also to tenets propagated in Buddhist dogmatics.     

Hair and urine testing to assess drugs of abuse consumption in couples undergoing assisted reproductive technology (ART)

For the first time in Europe hair and urine testing have been applied to assess drugs of abuse consumption in couples undergoing assisted reproductive technology and the eventual association of toxic habits with other lifestyle, health status and sociodemographic factors was also investigated. Couples attending five assisted reproduction centers in Rome were invited to join the study. When they presented at the Centre for the visit, they were asked to answer a structured questionnaire concerning sociodemographic characteristics and lifestyle habits, and at the same time to provide hair and urine samples. Hair and urine testing for drugs of abuse, urinary profile of principal endogenous steroids involved in fertility process (testosterone, epitestosterone, androsterone, etiocholanolone and dehydroepiandrosterone) and of alcohol and tobacco smoke biomarkers were performed with validated methodologies. Of the 594 enrolled individuals (297 couples), 352 (164 couples and 24 single individuals from the couple) completed the questionnaire and gave both hair and urine samples, apart from 3 bald men, who only gave urine samples. Urine testing showed an overall 4.8% (17 individuals) positivity to drugs of abuse: 4.2% to cannabinoids, 1.4% to cocaine and 0.85% to both drugs. Results of 4cm segment hair samples testing matched those from urine samples. Thus, taking together, results of urine and hair testing confirmed repeated use of cannabis, cocaine and both drugs in 3.7, 0.85 and 0.57% examined individuals, respectively. Drug consumers were in a statistically higher percentage active smokers and alcohol drinkers, less prone to physical activity and with a trend towards higher weight than non consumers. Finally, repeated drug consumption was associated with significant lower concentration of urinary testosterone in males and of urinary dehydroepiandrosterone in females. The findings of the present study confirm the suitability of urine testing to disclose recent drugs of abuse consumption and of hair analysis to verify repeated consumption. Association between different toxic habits and sedentary lifestyle is also substantiated by the obtained results in our cohort of couples attending assisted reproduction centers.     

Age estimation in children by measurement of open apices in tooth roots: Study of a Mexican sample

The aim of this cross-sectional study was to test the accuracy of Cameriere's European formula for age assessment in a large sample of Mexican children. The accuracy of dental age estimation was defined as how closely real age, measured as the difference between chronological age (CA) and dental age (DA), could be predicted. Digitalized orthopantomographs of 502 Mexican children (254 girls and 248 boys), aged between 5 and 15 years, were analyzed. The seven left permanent mandibular teeth were evaluated using Cameriere's method. Intra- and inter-observer variability for this technique was tested on a small random sample. Dental age was estimated for each individual and compared with known chronological age. Accuracy was measured as the difference between known chronological age and dental age and tested for significance with the mean prediction error (ME). The standard deviation and 95% confidence interval of the mean difference were also calculated. ME was 0.63 years for girls and 0.52 years for boys. ME was found to be slightly overestimated by 0.10 years for girls, but was correctly estimated for boys with an accuracy of 0.00. In conclusion, this method is very useful and may be recommended for practical application both in clinical dentistry and forensic procedures on the Mexican population.