Schadenersatzreform – Verständnis und Missverständnisse

Im Juni 2005 hat eine Arbeitsgruppe nach etwa fünfj?hriger Vorlaufzeit einen Entwurf zwecks Gesamtreform des Schadenersatzrechts (= Arg-E) vorgelegt. Darauf hat ein Arbeitskreis nach zweij?hrigem Bemühen einen Vorschlag zu einer auf dem geltenden Recht aufbauenden Teilreform (= EdA) unterbreitet. Diesen hat Koziol mit strengem Blick geprüft (JBl 2008, 348). Hier die Antwort. – Im Anhang zu dieser Abhandlung wird der Entwurf des Arbeitskreises (= EdA) dem Text des geltenden Schadenersatzrechtes gegenübergestellt.     

Organized transnational crime in the Black Sea Region: a geopolitical dilemma?

States are unique and individual entities. However, geographic proximity, a common history and fate may cause existential threats to have common causes and solutions. To understand how, and why, states experience transnational organized crime as a national security threat differently, it is necessary to learn about the states and the culture of organized crime in the geographic region in which they are embedded. The objective here is to present the Post-Soviet Political Criminal Nexus as a part of the identity of Newly Independent States in the Black Sea Region (Azerbaijan, Georgia, Moldova and Ukraine) which poses an international security threat and impedes democratic development.

Collection and direct amplification methods using the GlobalFiler™ kit for DNA recovered from common pipe bomb substrates

When analyzing DNA from exploded pipe bombs, quantities are often in trace amounts, making DNA typing extremely difficult. Amplifying minute amounts of DNA can cause stochastic effects resulting in partial or uninterpretable profiles. Therefore, the initial DNA collection from “touch” evidence must be optimized to maximize the amount of DNA available for analysis.This proof-of-concept study evaluated two different swab types with two direct amplification strategies to identify the most effective method for recovering DNA from common pipe bomb substrates. PVC and steel pipes, electrical tape, and copper wire spiked with epithelial cells were swabbed with cotton or microFLOQ® Direct Swabs and amplified directly or via a pre-treatment prior to STR amplification.Not only was the microFLOQ® Direct Swab protocol the quickest method with the least risk of contamination, but in combination with direct amplification, the microFLOQ® Direct Swabs also generated the most complete STR profiles.     

A reflection on the priorities of a data protection authority

Eric Howe, the first Data Protection Registrar, was setting up his Office about the same time as the first appearance in 1985 of this journal, whose distinguished editor Professor Saxby is now retiring. That is this author's excuse for looking back to the early years of United Kingdom data protection and reflecting on what a data protection authority is actually for. As this article hopes to make clear, using the early United Kingdom experience as an example, Data Protection Authorities are faced with an unclear role running the risk of creating false expectations among the general public. The author concludes that representations to government are often minimally effective and that with the limited resources available a DPA should give priority to encouraging compliance by data controllers and assisting individuals with a complaints resolution service.     

Revisiting country of origin principle: Challenges related to regulating e-commerce in the European Union

The article analyses the country of origin principle of information society services in the light of harmonisation and unification efforts undertaken by the European lawgiver. Although the country of origin principle remains the key element of the construction of freedom to provide information society services, the principle itself suffers a number of both explicit and implicit restrictions which render its practical application a serious challenge. The difficulty is posed by the fact that the Electronic Commerce Directive fails to expressly specify both the scope of harmonisation as regards the principle, and the level of harmonisation of the directive itself. Furthermore, it is understood differently by private international lawyers. In the eDate Advertising case the ECJ ruled that the principle is not a conflict-of-laws rule, neither does it require implementation to the national legal systems in this shape. This is not to mean, however, that the debate over the function of the country of origin principle in private international law is over. Last but not least, there are many different types of country of origin principles applicable to various types of services provided via the Internet. This multitude of country of origin principles is perhaps the greatest weakness the regulatory approach adopted by the European lawmaker.     

Reliability and validity of the Psychopathy Checklist: Youth Version in Dutch female adolescents

In the present study, the reliability and construct validity of the Dutch version of the Psychopathy Check List: Youth Version (Psychopathie Checklist: Jeugd Versie; De Ruiter, Kuin, De Vries & Das, 2002) were examined in a sample of female adolescents admitted to a secure treatment institution (N=67). The study provides mixed support for the internal reliability of the PCL:YV in female adolescents. Interrater reliability was found to be adequate at the level of factor and total PCL:YV scores. Poor reliability was demonstrated for the behavioral items of the PCL:YV in particular. Finally, the construct validity of the PCL:YV total and factor scores was supported by theoretically meaningful and significant associations with scores on the Minnesota Multiphasic Personality Inventory (MMPI) and the Interpersonal Checklist-Revised (ICL-R). The applicability of PCL:YV items to female adolescents is discussed.     

The Effects of Childhood Physical Abuse or Childhood Sexual Abuse in Battered Women's Coping Mechanisms: Obsessive-Compulsive Tendencies and Severe Depression

What role does childhood abuse have on the coping choices made by a battered woman? Ancillary to a depression study (Bailey, 1996) in 79 battered women from a Houston area women's shelter were compared for past abuse experiences and how the women were coping with abuse in adulthood. This study compared coping styles between two groups of battered women: those who experienced childhood physically abuse (CPA) (n=35), and those who did not experience childhood physically abuse (NCPA) in childhood (n=44). All of the women filled out a battery of questionnaires including The Brief Symptom Inventory (BSI), and a scale for learned helplessness. A t-test conducted on obsessive-compulsive tendencies (OCT) scale of the BSI found that women who were NPPA had significantly lower BSI-OCT scores t(77)=−2.05, p < .05 than women who were PPA. No statistically significant differences were found between groups for learned helplessness. Out of the 35 battered women who reported physical abuse in childhood were more likely to report sexual abuse as girls than battered women who were not physically abused, t(77)=−3.40, p < .001. Battered women who had been physically and sexually abused in childhood were more severely depressed. Battered women who were not abused in childhood had more obsessive compulsive tendencies. The ramifications of these findings for therapeutic treatment are discussed.     

WTO争端解决中的案例法方法

判例法这一用语在不同的语境下具有不同的含义。判例法是普通法法律制度中的一种传统,该传统是经由长期的司法实践形成的,而非来自于立法的强制性要求。严格意义上,判例法的突出特点是遵循先例,案件相同裁决相同。在一般意义上,判例法具有指导作用。在WTO争端解决中,无论是上诉机构的观点,还是上诉机构和专家组的实际做法,都体现出明显的案例法的指导作用的特点。与普通法制度不同的是,WTO的案例都是依据WTO规则的解释形成的,并非独立于WTO协定的法律渊源。     

论公安机关刑事侦查中的非法取证问题——以40例刑事错案为视角

刑事侦查是指“公安机关、人民检察院在办理案件过程中,依照法律进行的专门调查工作和有关的强制措施。”自上个世纪90年代以来,公安机关在刑事侦查活动中,无论是开展调查工作,还是采取强制措施,违法状况令人堪忧,尤其是非法取证因直接造成刑事错案,既给受害者本人、受害者家庭带来灾难,又严重亵渎了法律的公正,造成了恶劣的社会影响。本文选取40例加以剖析,以引起大家的高度重视。     

Memory Ability is Associated With Disagreement About the Most Recent Conflict in Polysubstance Abusing Couples

There is strong evidence that men and women do not agree about the occurrence of intimate partner violence (IPV). However, few studies to date have attempted to test explanatory models of violence concordance. One possible mechanism underlying disagreement is cognitive impairment, specifically, memory dysfunction. The principal goal of this study is to test whether memory ability and overall cognitive functioning is related to disagreement about the most recent occurrence of IPV within the dyad. Data were collected from both partners of cohabiting or married couples. The male partners were polysubstance abusers within their first year of abstinence. Results indicate that the men and womens memory ability, problem solving, disinhibition, and verbal ability are significantly related to disagreement about the most recent IPV episode. Thus, cognitive ability, particularly memory ability, of the participants should be considered when assessing the accuracy of measuring IPV among individuals diagnosed with polysubstance abuse. Other implications are discussed.1Portions of this paper were presented at the 128th annual meeting of the American Public Health Association (2000).