Der Risikoansatz in der europäischen Hochwassermanagementrichtlinie

Zusammenfassung  Die Bewertung der Richtlinie 2007/60/EG (Hochwassermanagementrichtlinie) durch Michael Reinhardt aus ausschlie?lich rechtlicher Sicht greift zu kurz, um die Bedeutung für das deutsche Wasserrecht und vor allem die beh?rdliche Praxis zu erfassen. Der Hochwasserschutz in Deutschland folgt derzeit überwiegend noch einem Sicherheitsansatz, w?hrend die Hochwassermanagementrichtlinie im Geiste eines Risikoansatzes formuliert ist.     

European Corporate Laws, Regulatory Competition and Path Dependence

Beyond the well-known discussion in regard to the Cassis de Dijon of the European Court of Justice, implying the mutual recognition of national product regulations, the topic of mutual recognition and regulatory competition has emerged again in the realm of European corporate laws (“Centros” of the ECJ in 1999). Can effective competition among European corporate laws be expected? In the US a broad discussion has developed whether the existing competition process among US corporate laws leads to permanent legal improvements by legal innovations or to a race to the bottom. Beyond this discussion a new point has been raised recently: the possibility and importance of path dependence as a potential problem for the efficacy of competition among corporate laws (lock-ins). For the analysis of this problem we apply the concept of technological paradigms and trajectories to legal rules in corporate law and introduce “legal paradigms,” which direct the search for better legal solutions in certain directions and might be stabilized by certain factors (esp. complementarities to other legal rules) leading to considerable path dependence effects. Our results show that path dependence might play a crucial role for competition among European corporate laws, even if the principle of mutual recognition would be introduced to corporate laws in the EU, implying that competition among European corporate laws might be difficult and sluggish. Consequently the question arises whether additional meta-rules should be established that might mitigate the problem of path dependence and lock-ins in regulatory competition in corporate law.     

The Donor Problem: An Experimental Analysis of Beneficiary Empowerment

Donors often rely on local intermediaries to deliver benefits to target beneficiaries. Each selected recipient observes if the intermediary under-delivers to them, so they serve as natural monitors. These recipients may, however, withhold complaints to ‘thank’ the intermediary for selecting them. Furthermore, the intermediary may distort selection (for example, by picking richer recipients who feel less entitled) to reduce complaints. We design an experimental game representing the donor's problem. We compare two institutions. In one treatment the intermediary selects recipients. In the other selection is random – as by an uninformed donor. In our data random selection dominates delegation of the selection task to the intermediary. Selection distortions are similar but intermediaries divert more when they have selection power (correctly anticipating that gratitude for selection will reduce complaints). Our results identify a problem in combining selection and delivery tasks. The insights are also applicable to social funds, decentralisation and participatory projects.     

DISARMAMENT AND BIG BUSINESS: THE CASE OF KRUPP, 1918–1925

Well before 1914, the Krupp Steel Foundry in Essen had gained a world-wide reputation as a major producer of heavy weaponry. The disarmament procedures set in train initially by the armistice and thereafter by the Versailles Treaty would, therefore, impact massively on one of Europe's few large-scale steel producers, whether in terms of output or with regard to its influence in German politics. This article analyses such developments during the early 1920s, with special reference to the activities of the Inter-Allied Military Control Commission (IMCC), including their impact on production and on the workforce at the Krupp factories in Essen. It also investigates efforts by Krupp's management (and also German politicians) to evade military restrictions and also to maintain expertise in the production of heavy weaponry.     

A widow's revenge: Willy Brandt's Ostpolitik,neo‐conservatism and the German federal election of 1994

In the course of the 1994 election campaign, Willy Brandt's Ostpolitik of the late 1960s and early 1970s became an issue. Brandt's widow Brigitte Seebacher‐Brandt attempted to rewrite the history of Ostpolitik and Brandt's role in German politics from a neo‐conservative point of view. She suggested that Herbert Wehner, the SPD ‘s former parliamentary leader, had been instrumental in forcing her husband's resignation in 1974, and, above all, may have been a spy. Seebacher‐Brandt alleged that Wehner actively collaborated with the East in shaping Ostpolitik. If this was so, Ostpolitik may have delayed German unification instead of contributing to it. Brandt's widow attempted to take revenge on the generation of 1968; the generation now largely in charge of the SPD. She accused them of still believing in their leftish anti‐national ideas and lacking enthusiasm for German unification. She has also never forgiven the SPD for not integrating her as ‘one of us’ when she married Willy Brandt. Wishing to rescue Brandt's reputation from her demolition of Ostpolitik she has attempted to depict him as a politician who was thinking along patriotic and national lines when he embarked upon Ostpolitik while downplaying his long‐standing left‐wing credentials.     

The Berlin morgue of 1886--the 125-year-old morgue of Berlin-Mitte

On 1 March 1886, a new morgue built along the lines of the Paris morgue, was opened in Berlin, Germany. Experts from many European countries were interested in the new building with its modern design and equipment. As the morgue, the Institute of Legal Medicine of the Berlin University accommodated in the same building also acquired international reputation. However, neither the scientific nor the economic achievements of this long-standing institution could prevent the closure of this historic site in Berlin-Mitte after almost 125 years.     

Suffocation due to foreign body aspiration visualized by post-mortem CT

The aspiration of a foreign body is a high-risk event in the life of an infant or toddler, which needs fast clinical diagnosis and therapy. If the respiratory tract is massively obstructed, the aspiration can be fatal, as shown in the case of an 18-month-old child. The little boy choked on a fragment of a hazelnut shell. Besides radiography and bronchoscopy, a CT scan can be of special value to visualize the foreign body. Based on the data obtained, a virtual bronchoscopy can be calculated. Compared with conventional radiography, the advantages of computed tomography are better image quality, higher indicative value and the possibility to exactly localize the foreign body in the respiratory tract. In the presented case, the nutshell could be visualized in the larynx before autopsy.