Zuständigkeit für Klage auf Aufteilung einer Nachlasssache

Die Klage auf Aufhebung der Miteigentumsgemeinschaft an einer einzelnen Nachlasssache kann Erbteilungsklage iSv § 77 Abs 2 JN sein.     

Further notes on information,corruption, and optimal law enforcement

We consider two important notes on optimal law enforcement with corruption. First, we analyze the role of asymmetric information on the emergence of collusion between criminals and enforcers. Second, our paper proposes that the optimal criminal sanction for the underlying offense is not necessarily maximal. We achieve this result by coupling the criminal sanction for the underlying offense with a criminal sanction for corruption, both imposed on offenders. A higher criminal sanction for the underlying offense implies that the government must spend more resources to detect and punish corruption (since the likelihood of collusion increases). Thus, the government could reduce this sanction, save on detection, and increase the criminal sanction for corruption (in order to offset the negative effect on deterrence). We are grateful to Mitch Polinsky and two anonymous referees for helpful suggestions. The usual disclaimers apply.     

The Effect of a Standard to Improve Person Descriptions by Children

This study examines whether or not using a person as a standard/comparison improves the ability of a child witness to provide more accurate detail about a previously observed person. Study participants included 135 children who observed a male stranger and were then later asked to describe and answer various questions about that person using a third-person standard/comparison. Despite the fact that one-half of participants were exposed to a standard/comparison, neither participants’ gender or exposure to the standard/comparison improved recollection outcomes. However, the gender of the standard/comparisons - especially where female - did have a significant effect on the recall ability of male participants.     

Community Correction Officer Perceptions Of Ex-Offender Reentry Needs And Challenges

Research into community corrections officers’ perceptions of the needs of ex-offenders has largely been overlooked. While some empirical research has emerged regarding federal parole officers’ perceptions, it is conceptually incomplete. A gap in the literature remains regarding the concordance or discordance between offenders and community corrections officers’ perceptions of offender needs and the opportunities for success upon release. Using a sample of community corrections officers in Seattle, Washington, this research examined officer perception of ex-offender needs, the value officers’ placed on the specific needs, and the opportunities available for offenders to meet their needs. Differences between officers emerged including the finding that female officers rated needs and challenges for offenders significantly different than male officers. Policy implications of the research are discussed. This research was made possible due to a grant award from the College of Arts and Sciences at Seattle University. This research was first presented at the 2005 Academy of Criminal Justice Sciences Conference in Chicago. We are grateful to Mac Pevey and Keven Bovenkamp from the Washington State Department of Corrections and Bill Corn and Tim McTighe from United States Probation and Pretrial Services for their support, assistance, and for making the study possible. A special thanks to our research assistant Tania Reyes who was instrumental in collecting the data for this investigation.     

The contradictions of class and ideology among argentine laborers and employees

This article compares Argentine trade union laborers' and employees' notions of class and ideology. The research findings were based on one-to-one structured, but openended interviews with 110 rank and file workers of Greater Buenos Aires between 1985 and 1986. Rather than a study of union structure or labor leadership, it fleshes out workers' views beyond the factory walls and office windows. The research depicts the complex, seemingly contradictory, variety of social-democratic, liberal, and conservative values and attitudes carried by the Argentine working class. Peronism remains the ideological anchor of many workers who, nevertheless, consider themselves centrist, left or right. They are centrist in their support of a liberal-capitalist economy, left in their espousal of markedly better income distribution for workers, and right in the defense of their communities and neighborhoods. Workers' historical connections, cultural outlooks, and educational levels impact heavily upon their views of democracy and sense of class. Peter Ranis is a professor of political science at York College and the Graduate School and University Center, City University of New York. He has completedArgentine Workers: Peronism and Class Consciousness, to be published by the University of Pittsburgh Press in 1992. The research for this article was made possible by a Fulbright Senior Research Grant and several PSC/ CUNY awards between 1986 and 1990. My thanks also go to the Instituto Torcuato Di Tella of Buenos Aries and the Centro de Investigaciones Sociales Sabre el Estado y la Administracíon (CISEA) for respectively making their facilities available to me in July and August of 1987 and 1990.     

Managing Equality in Social Dilemmas: Emotional and Retributive Implications

The equality rule is an important coordination rule in symmetric public good dilemmas. Although prior research emphasized that people use the equality rule out of efficiency concerns (as it helps to obtain the public good in the most efficient manner among group members), it may also reflect a true preference for fairness. More precisely, research examining emotional and retributive reactions as a result of a violation of the equality rule by a fellow group member showed that equality indeed is related to people’s personal values and what they consider to be fair. The present paper suggests that a violation of the equality rule results in emotional reactions, and these emotional experiences encourage further retributive actions. The different reactions following an equality violation are described as a function of three features: (1) the motives to use equality, (2) attributions for explaining the violation, and (3) the honesty of the given explanation. The write-up of this paper was partly supported by GOA/05/04 from the Research Fund of the Katholieke Universiteit Leuven. The research and write-up was supported by a fellowship of the Netherlands Organization for Scientific Research (NWO, Grant No. 016.005.019), awarded to the second author.     

Political Strategies of External Support for Democratization

Political strategies of external support to democratization are contrasted and critically examined in respect of the United States and European Union. The analysis begins by defining its terms of reference and addresses the question of what it means to have a strategy. The account briefly notes the goals lying behind democratization support and their relationship with the wider foreign policy process, before considering what a successful strategy would look like and how that relates to the selection of candidates. The literature's attempts to identify strategy and its recommendations for better strategies are compared and assessed. Overall, the article argues that the question of political strategies of external support for democratization raises several distinct but related issues including the who?, what?, why?, and how? On one level, strategic choices can be expected to echo the comparative advantage of the "supporter." On a different level, the strategies cannot be divorced from the larger foreign policy framework. While it is correct to say that any sound strategy for support should be grounded in a theoretical understanding of democratization, the literature on strategies reveals something even more fundamental: divergent views about the nature of politics itself. The recommendations there certainly pinpoint weaknesses in the actual strategies of the United States and Europe but they have their own limitations too. In particular, in a world of increasing multi-level governance strategies for supporting democratization should go beyond preoccupation with just an "outside-in" approach.     

This is a man’s world ... or least that’s how it looks in the journals

Mainstream criminology still tends to focus on gender as a control variable, ignoring the different pathways to crime followed by males and females. This leaves us with knowledge that we already have—males commit more criminal and delinquent acts than do females, but little information about the similarities and differences between men and women who commit crimes. On the other hand, feminist approaches tend to do one of two things: deal with girls and women only or deal with women and men separately to illuminate the differences. In this paper, we examine articles in three major journals, Criminology, Justice Quarterly, and Journal of Research in Crime and Delinquency, to explore the ways that gender is treated in mainstream criminology journals. Then, we will discuss the implications this has for feminist criminology.