美国法典1404(a)与非方便法院原则辨析

由于美国法典28卷1404（a）条款的立法规定在功能与措辞上均非常类似普通法上的非方便法院原则,因此很多学者误以为该立法规定与非方便法院原则之间并不存在实质性的差异。然而,这一看法并不正确。事实上,1404（a）条款立法在法律效果、证明标准以及具体适用方面均与非方便法院原则存在显著的区别。     

Lessons of Russian in Afghanistan

The experience of Soviet involvement in Afghanistan (1979–1989) is considered through the prism of institutional transfers. Afghanistan has a long history of attempts to implement Muslim, Soviet and Anglo-Saxon institutional designs. Most of them have failed. This failure can be attributed to the lack of ‘elective affinity’ between traditional and new institutions imported from more developed countries. It is argued that a careful examination of the degree of elective affinity must precede any attempt of institutional transfers. An analysis of Ph.D. dissertations defended by Afghan students at Soviet and Russian universities complements logical arguments and references to historical facts.

Electronic evidence: A proposal to reform the presumption of reliability and hearsay

There is a general concern amongst judges, lawyers and legal scholars that evidence in digital format is not to be trusted, given that it can be altered and manipulated with ease. Some jurists have called for a UN Convention on matters relating to the authentication and admissibility of electronic evidence. It is debatable whether such a Convention is necessary, but guidance of an international nature might be welcome, providing that any such guidance remains guidance, and does not ossify into legal requirements that fail to take into account the dynamic and constantly developing changes in information technology. In any event, the accuracy of the presumption in England & Wales that a computer is in order at the material time is highly debatable, and it is suggested that this presumption ought to be reformed.     

Modernist nationalism: statism and national identity in Turkey

The year 1989 marked a turning point for the Socialist Federal Republic of Yugoslavia (SFRY). But unlike other places in the region, that year saw a turn towards growing political conflict which soon led to violent warfare. This paper identifies and discusses three processes that led to this outcome. The first process was the impetus towards reform of the Yugoslav federal state, its political and economic system. The second was the conflict over the future of the League of Communists of Yugoslavia (Savez komunista Jugoslavije – SKJ). The third was the shifting meanings of ethnic and nonethnic labels and the ways in which putative “national” and “ethnic” interests came to be aligned with specific political options. By the end of 1989 these three processes had come together to spell the end of the SKJ, of the SFRY, and of “Yugoslavism” as a political identity. In their places, ruling parties threatened by changes within their own societies, as well as by pressures created by the 1989 revolutions in the region, resorted to strategies of conflict and violence in an attempt to forestall the kinds of changes and elite turnovers seen in other socialist countries.     

Future Uncertainty as a Challenge to Law's Programmes: The Dilemma of Parental Disputes

The article poses the problem of the need for judges to make 'right' decisions. It then describes how judges have attempted to meet this requirement in difficult cases concerning parental disputes over contact with children where there have been allegations of domestic violence. Applying Luhmann's concepts of the legal system, law's function, law's coding and law's programmes (Das Recht der Gesellschaft (Society's Law) 1997), offers a very different perspective on the issue to that of the judiciary or legal commentators who tend to see the issue of the law, determining, with expert help, what is best for the child. Law's function of stabilizing expectations over time obliges it to deal with all matters that come before the courts through the application of 'conditional programmes' and prevents it from applying the 'purpose oriented programmes' of politics and those who see the issue in terms of ideological conflict.     

Television and protest in East Germany's revolution, 1989–1990: A mixed-methods analysis

This article uses a mixed-methods approach to analyze the relationship between television and protest during East Germany's revolution. The content of television newscasts, both West German and East German, is analyzed together with protest event data. There are two key findings. First, West German coverage of protests is associated with an increase in protest in the first phase of the revolution. This finding emerges from time series analysis. Second, West German and East German television coverage were interacting, with the latter reacting to the former. This finding emerges from both quantitative and qualitative analysis.     

From internationalism to the European Union: An ideological change in the Polish post-communist party?

The Polish post-communist party Social Democracy of the Republic of Poland (Socjaldemokracja Rzeczypospolitej Polskiej, SDRP) which survived almost unchanged in the dynamic Polish political scene of the 1990s was one of the leading political parties after 1989. This paper will attempt to explain the ideological journey, which has been taken by the former high-ranking Polish United Workers' Party members after 1989. Their journey seems to start at the point of internationalism and socialism and ends in the victorious battle to join the European Union. Was this a simple modernized adjustment of the internationalist ideology or an opportunistic choice made in order to survive in the new political and social circumstances? Was choosing a pro-EU policy a choice or a necessity? This analysis will attempt to answer the above questions and describe this phenomenon of change or may be just an ideological continuity.     

Gemeinsames Wohnen von Ehegatten – Beweisfragen

Gem § 90 ABGB sind die Ehegatten (ua) auch zum gemeinsamen Wohnen verpflichtet. Von diesem (typischen) Bild einer aufrechten Ehe darf die Beh?rde (auch im Verwaltungsverfahren nach dem AlVG) grunds?tzlich in freier Beweiswürdigung ausgehen, solange nicht die Parteien eine davon abweichende Lebensführung behaupten und die erforderlichen Beweismittel beibringen.     

The Paradoxes of the Revolutions of 1989 in Central Europe

Abstract

The self-limiting revolutions of 1989 in Central Europe offer an alternative paradigm of revolutionary change that is reminiscent more of the American struggle for independence in 1776 than the Jacobin tendencies that grew out of the French Revolution of 1789. In order to understand the contradictory impulses of the revolutions of 1989—the desire for a radical renewal and the concern for preservation—this article takes as its point of departure the political thought of Hannah Arendt and Edmund Burke.     

Wohnbeihilfe

Ein (vom Vater) gew?hrtes (rückzahlbares) Darlehen ist kein einer Wohnbeihilfe hinderlicher Zuschuss.