Statthaftigkeit der ao Revision bei Teilurteilen über Mietzinsrückstände

Dass gem § 575 Abs 3 ZPO der R?umungstitel nach Ablauf der Sechsmonatsfrist "au?er Kraft tritt", bedeutet nicht, dass damit schon materiellrechtliche Wirkungen eintreten. Die Bestimmung enth?lt im Gegensatz zu § 569 ZPO keine unmittelbare materiellrechtliche Regelung, w?hrend letztere dem Dauerschuldverh?ltnissen innewohnenden Grundsatz Rechnung tr?gt, dass ein faktisches Verhalten durch gewisse Zeit (hier die Unt?tigkeit dessen, der den Bestandvertrag l?sen wollte) zur Neubegründung des Vertragsverh?ltnisses führen kann. Die Frist des § 575 Abs 3 ZPO ist eine solche des Verfahrensrechts und muss, weil sie Wirkungen erst für die zwangsweise Durchsetzung der R?umung bzw der übernahme entfaltet, dem Exekutionsverfahren zugeordnet werden; ein hemmender Einfluss der verhandlungsfreien Zeit iSd § 223 Abs 2 ZPO scheidet damit aus.     

A Robust Approach to Automatically Locating Grooves in 3D Bullet Land Scans

Land engraved areas (LEAs) provide evidence to address the same source–different source problem in forensic firearms examination. Collecting 3D images of bullet LEAs requires capturing portions of the neighboring groove engraved areas (GEAs). Analyzing LEA and GEA data separately is imperative to accuracy in automated comparison methods such as the one developed by Hare et al. (Ann Appl Stat 2017;11, 2332). Existing standard statistical modeling techniques often fail to adequately separate LEA and GEA data due to the atypical structure of 3D bullet data. We developed a method for automated removal of GEA data based on robust locally weighted regression (LOESS). This automated method was tested on high-resolution 3D scans of LEAs from two bullet test sets with a total of 622 LEA scans. Our robust LOESS method outperforms a previously proposed “rollapply” method. We conclude that our method is a major improvement upon rollapply, but that further validation needs to be conducted before the method can be applied in a fully automated fashion.     

A Holistic Multi-Scale Approach to Using 3D Scanning Technology in Accident Reconstruction

Three-dimensional scanning and documentation methods are becoming increasingly employed by law enforcement personnel for crime scene and accident scene recording. Three-dimensional documentation of the victim's body in such cases is also increasingly used as the field of forensic radiology and imaging is expanding rapidly. These scanning technologies enable a more complete and detailed documentation than standard autopsy. This was used to examine a fatal pedestrian-vehicle collision where the pedestrian was killed by a van while crossing the road. Two competing scenarios were considered for the vehicle speed calculation: the pedestrian being projected forward by the impact or the pedestrian being carried on the vehicle's bonnet. In order to assist with this, the impact area of the accident vehicle was scanned using laser surface scanning, the victim was scanned using postmortem CT and micro-CT and the data sets were combined to virtually match features of the vehicle to injuries on the victim. Micro-CT revealed additional injuries not previously detected, lending support to the pedestrian-carry theory.     

An Interdisciplinary Case Management Protocol for Child Resistance or Refusal Dynamics†

High‐conflict parental separation cases associated with child's estrangement or contact refusal take an unusually large amount of court time and generate high emotional costs for parents and children. This paper reports on a study of a research‐based pilot project and protocol, called the Parenting Conflict Resolution (PCR), which is intended to reduce parental conflict, improve interparental communication, and support or restore the parent–child relationship. The protocol was developed at the Superior Court in Quebec City (Canada), and involves single judge case management, and lawyers' commitment to have the child's best interests as their primary consideration and to guide their clients to trust the process. The assigned judge and lawyers have the ongoing involvement of a mandated psychotherapist, taking a family systems approach with the case. The PCR also requires the parents to participate in a psycho‐educational, introspective group program to work on co‐parenting and communication skills. Ongoing communication between the professionals involved in the PCR is required to ensure cohesion and accountability. This pilot project was implemented with 10 high‐conflict families, 6 of which presented with the child's resistance or refusal to see one parent. A qualitative data study was undertaken into the experiences of all the participants. The most salient result is the resumption of parent–child contact in all six contact refusal cases. Discussion highlights key elements to successfully address these cases: (a) interdisciplinary program delivery, (b) systemic understanding of the contact problems, (c) focus on the child's best interest, (d) single judge assigned to the case, (e) lawyers' support of the parents' participation, and (f) psychotherapist reporting to the court.     

Determining the Effectiveness of Noncontact Three-Dimensional Surface Scanning for the Assessment of Open Injuries

Noncontact three-dimensional (3D) surface scanning methods are used within forensic medicine to record traumas and other related findings. A structured light scanning technique is one of these methods and the most suitable for the forensic field. An assessment of the efficiency of different structured light scanners with forensic injuries is essential to validate this technique for wound documentation. The purpose of this study was to evaluate the capability of the HP structured light scanner Pro S3 for digitizing open injuries having complicated areas and depths. Fifteen simulated injuries on mannequins were scanned and assessed. Comparisons between 3D and direct wound measurements were made. The results showed that the technique was able to create detailed 3D results of the extensive injuries. Statistical significance tests revealed no difference between the two measurement methods. Because the scanner is applicable for routine work, it should be considered to confirm the same results on real cadavers and actual wounds.     

Initial Study for the Determination of the Sequence of Intersecting Lines between Gel Pens and Seals by Optical Coherence Tomography*

Determining the sequence of intersecting lines is a significant issue in the forensic document examination that can reveal the fraud or distinguish between different allegations. Optical coherence tomography (OCT) is a high-resolution cross-sectional imaging technique that has been introduced into forensic science field recently. The potential of OCT as a novel method to determine the sequence of intersecting lines was examined for the first time. In this study, a spectral-domain OCT system with a center wavelength of 900 nm was employed to perform nondestructive examination on determining the sequence of 18 heterogeneous intersecting line samples produced using three types of gel pens and three brands of stamp pad ink seals. Two-dimensional (2D) cross-sectional, and three-dimensional (3D) volumetric images of the intersecting lines were obtained by the OCT system. Several features were noted and analyzed to successfully determine the sequence of all the 18 samples. Blind tests were also conducted to demonstrate the effectiveness of OCT technique. The results illustrate that OCT technology can provide an effective and accurate method for sequencing intersecting lines of gel pen ink and seal ink, which may complement the conventional methods used in the examination of questioned documents.     

不动产最高额抵押权的变更——兼评指导案例95号

按照指导案例95号,将既有债权转入最高额抵押担保债权范围的,未经登记亦有物权效力,但不得对第三人产生不利影响。该指导案例并非将不动产最高额抵押权变更的模式改变为登记对抗要件主义,而是对概括最高额抵押权之否定立场进行缓和,以便更充分地发挥最高额抵押权的优势。特定债权的转入属于最高额抵押担保的债权范围的变更,其与债权确定期间的变更、债务人基准的变更一样,都不需要后顺位抵押权人等第三人同意,因为不会破坏这类第三人的信赖基础。债权范围的变更遵循实行合同自由原则,其效力与登记无关,只不过当事人不得将非基于正常交易关系产生的债权纳入担保范围,给第三人造成难以预料的损害。这一裁判规则不得类推适用于最高额抵押权的决算期变更、债务人基准变更,为保护不特定第三人对最高额抵押担保债权是否已确定的信赖,这些事项的变更只有在最高额抵押权确定前办理登记,才能产生物权效力。     

The Politics of Technology Decline: Discursive Struggles over Coal Phase‐Out in the UK

The decline of carbon intensive technologies is a key element in the ongoing energy transition and our attempts to tackle climate change. At the same time, our understanding of technology decline and of the associated policies and politics is still limited. This paper builds on the sustainability transitions perspective, a novel approach to analyze socio‐technical transformation, including the complex interplay of policy and technology change. We study the decline of coal‐fired power generation in the United Kingdom from 2000 to 2017 by analyzing the discourse in The Guardian. We find scientists and environmental NGOs criticizing coal for climate and health reasons. Government and incumbent businesses tried to re‐legitimate coal but eventually, their resistance collapsed and coal was almost completely abandoned in just a few years. Particularly devastating for coal were failed promises around carbon capture and storage, rapid diffusion of wind energy, and pressure from various policies. This study contributes to better understanding the contested nature of decline, and the interplay of discursive struggles, technology change, and public policy in sustainability transitions.     

Exploring Aggregate vs. Relative Public Trust in Administrative Agencies that Manage Spent Nuclear Fuel in the United States

Trust is a key component of democratic decision‐making and becomes even more salient in highly technical policy areas, where the public relies heavily on experts for decision making and on the information provided by federal agencies. Research to date has not examined whether the members of the public place different levels of trust in the various agencies that operate within the same policy subsystem, especially in a highly technical subsystem such as that of nuclear energy and waste management. This paper explores public trust in multiple agencies operating within the same subsystem, trust in each agency relative to aggregate trust across agencies that operate within the nuclear waste subsystem, and trust in alternative agencies that have been suggested as possible players in the decision‐making process. We find that trust accorded to different federal agencies within the nuclear waste subsystem varies. The variation in trust is systematically associated with multiple factors, including basic trust in government, perceptions about the risks and benefits of nuclear energy/waste management, party identification, and education. These findings have significant implications for research on public trust in specific government agencies, alternative policy entities, and for policy makers who want to design robust and successful policies and programs in highly technical policy domains.     

Electric Shock: The 2012 India Blackout and Public Confidence in Politicians

How do disruptions in basic public service delivery shape people’s perceptions of politicians? We offer evidence from the July 2012 blackout in India, the largest in human history. Using data from the India Human Development Survey, we compare confidence in politicians between households that were surveyed during the outage and affected by it (treatment) and only days before it (control). Balance statistics show that the treatment and control groups are statistically indistinguishable, and further tests indicate that there was no disturbance to the pattern of surveying. Far from undermining public confidence in politicians, the outage increased it, as citizens reacted to the anxiety created by the crisis. The implications are normatively troubling, as politicians seem to have reaped benefits from disruptions in public service delivery.