Kostentragung im öffentlichen Recht de lege lata et ferenda

Der Grundsatz des § 74 Abs 1 AVG, wonach jeder Beteiligte die ihm im Verwaltungsverfahren erwachsenden Kosten selbst zu bestreiten hat, führt in modernen verwaltungsbeh?rdlichen Verfahren nicht selten zu unbilligen Ergebnissen. Desgleichen haften den Regelungen über den Ersatz von Kosten verfassungsgerichtlicher und verwaltungsgerichtlicher Verfahren Defizite an. Ausgehend von diesem Befund untersucht der Beitrag die Leistungsf?higkeit der geltenden Kostentragungsregelungen, zeigt Spannungsverh?ltnisse zu verfassungsrechtlichen und unionsrechtlichen Vorgaben und Reformbedarf auf und mündet schlie?lich in den Vorschlag einer Neukonzeption des Kostentragungssystems im ?ffentlichen Recht.     

Personalization and Institutional Constraints: Pinochet, the Military Junta, and the 1980 Constitution

The standard account of military dictatorship in Chile (1973–1990) portrays the case as a personalist regime, and uses the dynamics associated with this type of regime to explain General Pinochet's control of the presidency, the enactment of the 1980 Constitution, and the longevity of military rule. Drawing on records of the decisionmaking process within the military junta, this article presents evidence for a different characterization of the dictatorship. It shows that Pinochet never attained the supremacy commonly attributed to him, that the commanders of the other branches of the armed forces retained significant powers, and that the 1980 Constitution was not enacted to project Pinochet's personal power. More generally, this study suggests that personal power is not a necessary condition for regime longevity; collective systems can also produce cohesion and stability.     

Problematic police performance and the personality assessment inventory

A relative newcomer to personality assessment in the area of law enforcement is the Personality Assessment Inventory, or PAI. Earlier MMPI research in the area of police selection has focused upon antisocial behavior, control of aggression, and validity indices, particularly the L scale. In this study T scores for 800 male and female police officer candidates on the PAI scales Negative Impression (NIM), Positive Impression (PIM), Antisocial-Antisocial Behaviors (ANTA), Antisocial-Egocentricity (ANTE), and Antisocial-Stimulus Seeking (ANTS) were used as predictors of the criterion variables Insubordination, Excessive Citizen Complaints, and Neglect of Duty. Highly significant coefficients were obtained for ANTE as a predictor of Insubordination and Excessive Citizen Complaints. For Neglect of Duty, two significant coefficients were obtained, one for ANTS and another for NIM. Discussion centered on the fact that egocentricity is a predictor of Insubordination and Excessive Citizen Complaints, and Neglect of Duty is related to stimulus seeking. Authors' Note: William U. Weiss, Ph.D., is a professor in the Department of Psychology, The University of Evansville, 1800 Lincoln Avenue, Evansville, IN 47722. Sarah Zehner is an undergraduate psychology major at The University of Evansville. Robert Davis, Ph.D., is executive vice-president and director of science, research, and development for Matrix, Inc., and Cary Rostow, Ph.D., is president of Matrix, Inc., Baton Rouge, LA. Emily DeCoster-Martin was an undergraduate psychology major at The University of Evansville at the time this paper was written.     

Old master paintings,export veto and price formation: an empirical study

In this paper, we focus on the institutional setting where Old Masters’Paintings (OMP) markets transactions are carried. We develop a preliminary attempt to embody legal provisions in econometric, hedonic pricing models. We consider a particular regulation applicable only in Italy, the “export veto” for art objects that are particularly relevant for the national cultural patrimony. We proxy such legal provision in order to include it in the statistical analysis and to check whether it affects the OMP price differentials between pre-auction estimated price and post-auction hammer price. Preliminary results show that the price differential is affected by the legal variable, therefore suggesting that the country’s institutional framework plays an important role in price dynamics.     

Distributed Generation of Electricity: The Role of Academic Research and Advice in California’s “Clean DG” Policy Network

Deregulation and the combined threats of energy crises and global warming concern nations around the world, yet these issues continue to be addressed more directly by domestic regulatory systems than by international institutions. The present analyses of the integration of distributed sources of power generation (DG) into California’s electric utility system suggests that domestic environmental dilemmas with international repercussions provide an obvious entrée for global environmental policy specialists into the practice of environmental policy-making and law. Here I review current scholarship on policy networks that illuminates the contributions that technical and policy experts can make to such networks surrounding environmental issues. I then introduce the key members of California’s “clean DG” policy network that emphasizes the role of academic experts in this influential political system, and discuss how my own research has impacted the development of the state’s DG policy. I conclude that scholars are well positioned to observe and engage domestic and international environmental policy networks, and thereby also to influence environmental politics and law.     

Does Intimate Partner Violence Epidemiology Differ Between Homes With and Without Children? A Population-Based Study of Annual Prevalence and Associated Risk Factors

We sought to determine whether intimate partner violence (IPV) risk factors differed depending upon the presence of children in the home, and to estimate the annual prevalence of IPV first in the general population and then in homes with and without children. We analyzed data from a cross-sectional random sample of 6,836 women in southeastern Pennsylvania interviewed by telephone in 2004. The magnitude of association between IPV and risk factors varied between homes with and without children for women’s alcohol problems (with children, odds ratio (OR) 7.7; 95% confidence interval (CI) 2.9, 20.9; without children, OR 2.4; 95% CI 0.9, 6.0), and mental health problems (with children, OR 4.0; 95% CI 1.8, 8.9; without children, OR 3.0; 95% CI 1.6, 5.7). Poverty was significantly associated with IPV only in homes without children (OR 3.6; 95% CI 1.9, 7.2). Annual IPV prevalence was 1.2% overall, 1.4% in homes with children, and 1.1% in homes without children. One in 63 children lived in a home with IPV. Differences in IPV risk factors in homes with and without children suggest distinct underlying IPV mechanisms or consequences in these contexts.     

Gender equity and social capital in smallholder farmer groups in central Mozambique

This case study from Búzi district, Mozambique investigated whether gender equality, in terms of male and female participation in groups, leads to gender equity in sharing of benefits from the social capital created through the group. Exploring the complex connection between gender, groups, and social capital, we found that gender equity is not necessarily achieved by guaranteeing men and women equal rights through established by-laws, or dealing with groups as a collective entity. While there were no significant differences in the investment patterns of men and women in terms of participation in group activities and contribution of communal work, access to leadership positions and benefits from social capital were unequally distributed. Compared with men, women further found it difficult to transform social relations into improved access to information, access to markets, or help in case of need.