Der Billigkeitsbegriff im nachehelichen Unterhaltsrecht

Im ?sterreichischen Ehegesetz stellt der Gesetzgeber zur Regelung des nachehelichen Unterhalts in den §§ 67 ff EheG auf den Begriff der Billigkeit ab, um bestm?gliche Einzelfallgerechtigkeit zu gew?hrleisten. Die inhaltliche Ausgestaltung dieses unbestimmten Gesetzesbegriffes ist aber durchaus unterschiedlich. Der vorliegende Beitrag versucht in einer vergleichenden Gegenüberstellung unter Berücksichtigung des Schrifttums und der Judikatur die unterschiedlichen Bedeutungen des Billigkeitsbegriffs im nachehelichen Unterhaltsrecht aufzuzeigen.     

Some Considerations on Faces of Justice by a 'Non-Specialist'

The author examines the well-known book by Mirjan Damaka aswell as other more recent books and writings of the distinguishedauthor against the specific background of the Italian experiencein reforming its system of criminal procedure with a view tocommenting upon sensitive issues in current international criminalproceedings. Three key factors in assessing the ‘real’nature of a procedural system are examined: (i) the role ofjudges in the proceedings; (ii) the rules on evidence and (iii)the duty to render reasoned decisions. Subsequently, the authortackles the issue of self-representation in international criminaljustice, in light of Damaka's categories (conflict-solving v.policy-implementing) and of the difficulties in transposingthem to the international level. Finally, the author warns thatthe analysis of international criminal justice should not beconfined in over-rigid models. The overriding concern must beto harmonize the ‘fair trial’ model with sensitivityto certain objectives of justice that cannot be possible objectsof compromise (as they may be where judicial authority operatespurely as arbiter of a dispute).     

New challenges for universities in the knowledge triangle

This paper discusses the role of higher education institutions within the framework of the knowledge triangle between academic education, scientific research and innovation, as it has gained importance in recent years as a framework for innovation policies especially in the OECD and Europe. First, complementary concepts of universities’ outreach activities and extended role model such as ‘third mission’, ‘triple helix’, ‘entrepreneurial or civic university’ models and ‘smart specialization’ are reflected against their fit with the concept of the knowledge triangle, also with respect to new requirements for university governance. Second, a new understanding of spillovers between public sectors research and the business sector according to knowledge triangle is presented.

     

Toward an Analytical Framework for the Study of Race and Police Violence

Treatments of race and police violence in the fields of public administration and policy have drawn eclectically from many disciplinary sources in historical, political, and managerial analysis. From an institutional perspective, emphasis has been on how organizational practices, rules, norms, and values, along with role socialization, shape germane behavior. Of particular interest to the authors is the phenomenon of race‐related police violence in its systemic but also attitudinal and behavioral manifestations in the policing role. How does an academic or practitioner researcher specify evaluative perspectives applicable to this policy and administrative challenge? There is a prior need for defined analytical and ethical positions drawing closely from public administration and policy sources. This article suggests ways to develop such grounded frameworks, built on these distinctive traditions but also going beyond them, so as to allow for an integrative approach to evaluative analysis and action on this grave and contentious issue.     

Short-term Labour Migration from the Republic of Armenia to the Russian Federation

Abstract

We explore the determinants of short-term labour migration from Armenia to Russia based on a unique panel dataset. A dynamic switching regression model with endogenous switching is applied. Our evidence pinpoints migration experience, the expected individual income gap from migration, low job opportunities in Armenia and the possibility of diversifying income risks as the most important determinants. Family ties turn out to be insignificant. The hypothetical income gap is about 280 per cent. Several explanations are provided for the fact that some individuals do not migrate in spite of a large income gap.     

The CAI as seen from Spain: a positive agreement with uncertain implementation

Asia Europe Journal - Spanish elite’s perceptions of the European Union-China Comprehensive Agreement on Investment (CAI) are positive given its economic and normative prospects and...     

Identification and analysis of human remains recovered from wells from the 1991 War in Croatia

From 1996 to the present, the remains of 61 individuals killed during the 1991 War in Croatia were recovered from both dried out and functioning wells. Positive identification was established in 60.7% or 37/61 cases. Remains recovered from the same geographical region but from non-well settings were identified in 77.4% or 1256/1623 cases. The purpose of this paper is to report on the taphonomic, demographic and trauma characteristics of remains recovered from wells and identify factors responsible for the discrepancy in the identification ratios. The age and sex distributions in the well and non-well series were similar, as were the frequencies of recovered personal documents, jewelry and other artifacts. The taphonomic features of the remains were, however, significantly different. Preservation of remains was considerably better in non-well settings (1400/1623 or 86.3% compared to 40/61 or 65.5% in wells). Congruently, commingling of remains was more frequent in wells (26/61 or 42.6% compared to 77/1623 or 4.7% in non-well settings). In bodies recovered from non-well settings the preservation, state and commingling of the remains were strongly correlated with positive identification. None of these features were correlated with the identification of bodies from wells. Instead, identification of remains from wells was significantly affected by the presence or absence of water in the well. As both series have similar frequencies, and identical rankings of identification factors, the reason for the discrepancy in the identification ratios lies in the fact that by themselves, these factors were rarely sufficient for positive identification. In both series the majority of identifications (51.4% in the well, and 58.1% in the non-well series) were established through a combination of biological and non-biological features. The significantly lower identification ratio in the well series resulted from the difficult recovery conditions in wells with significant amounts of water, and the negative effect that water had on the preservation of clothing, personal artifacts and some dental features. Significant differences were also noted in the types and locations of perimortem traumas. There is a significantly higher frequency of entrance gunshot wounds to the back of the head, suggestive of execution style murders, in the well series.     

Sickle cell lung disease and sudden death: a retrospective/prospective study of 21 autopsy cases and literature review

Sudden death in the setting of sickle cell lung disease (SCLD), is periodically seen in the practice of medical examiners. The goal of the present study was to identify the most common pathologic findings of SCLD associated with sudden or unexpected death. A retrospective/prospective review of 21 autopsy cases from sickle cell patients between 1990 and 2004 was performed. Review of medical records, autopsy reports, and H&E-stained slides of lung tissue was performed. Oil-Red-O and elastic staining of lung tissue were evaluated. All cases were screened for both acute and chronic forms of SCLD. Patients admitted for sickle cell pain crisis ranged in age from 8 months to 65 years. Fifteen out of 21 cases (71.4%) showed significant pulmonary pathology. The most frequent lung findings included pulmonary edema (47.6%), pulmonary thromboembolism (38.1%), fat emboli (33.3%), pulmonary hypertension, grades I-IV (33.3%), and microvascular occlusive thrombi (28.5%). Our study demonstrates higher-than-expected percentages of acute and chronic sickle cell-related lung injury such as fat embolism (33.3%) and pulmonary hypertension (33.3%), with right ventricular hypertrophy (33.3%). Therefore, we propose a simple and high-yield autopsy algorithm of ancillary procedures that should be applied on all known and suspected autopsy cases of sickle cell disease.     

Identification and quantification of phenobarbital in a mummified body 10 years after death

Abstract: This article reports the determination of phenobarbital in the mummified body of a 56‐year‐old man found completely mummified 10 years after his death. When alive, he was being treated for epilepsy with phenobarbital, and the recent analyses, performed with both immunochemical techniques and gas chromatography with mass spectrometry (GC‐MS), have revealed the presence of this substance in various tissues: the mean content of barbiturate in the mummified liver tissue was 93 μg/g, 216 μg/g in the heart, 17 μg/g in the lungs, 12 μg/g in muscles, and 31 μg/g in the skin. Preliminary screening tests with immunochemical techniques to evaluate the presence of other drugs were also performed. The sample resulted negative for all substances tested. Phenobarbital can be identified and quantified thanks to its excellent chemical stability and a hypothesis of what the concentrations in the fresh tissue could have been has also been reported.     

Inequity in the distribution of science and technology outcomes: a conceptual model

We propose a conceptual model to encourage systematic analysis of social equity issues of science policy. The model considers the relationships among several attributes of science and technology goods and services including the incidence of its impact, degree of concentration, and whether its consumption generates capacity for the individual or groups or is “hedonic,” that is, short term and diminishing rapidly in its effects. We discuss the implications of the model in terms of four quite different types of equity. We conclude by suggesting some respects in which the model could be employed to facilitate public policy and moral deliberations about the effects of science and technology.