私人妨害原则与相邻权、地役权

文章剖析了英美物权法上“使用权”的概念 ,并解释了财产权就像“权利集束”这个常用比喻 ,并对美国普通法上财产法中的有关相邻方之间土地纠纷的法规进行了比较分析 ,其中特别比较了普通法上的私人妨害原则和中国物权法草案第 9章所规定的相邻权的概念 ,并将普通法体系中的各种私人土地使用协议和地役权与中国物权法草案第 16章的内容进行了对比。     

Time-Series Evidence on the Nonlinearity Hypothesis for Public Spending

Barro-type endogenous growth models propose a nonmonotonic relationship between productive public spending and growth. Under this so-called nonlinearity hypothesis the size and direction of growth effects due to an increase in public spending depend on the share of public spending in GDP. Employing German time-series data we examine the validity of the nonlinearity hypothesis. We estimate growth effects by using models whose coefficients are allowed to vary with the share of public spending in GDP. Our results support the hypothesis for public consumption but not for public investment data. (JEL H54 , E62 , C22 )     

Audience effects on solitary faces during imagery: Displaying to the people in your head

Subjects imagined situations in which they reported enjoying themselves either alone or with others. Electromyographic (EMG) activity was recorded bilaterally from regions overlying thezygomatic major muscles responsible for smiling. Controlling for equal rated happiness in the two conditions, subjects showed more smiling in high-sociality than low-sociality imagery. In confirming imaginary audience effects during imagery, these data corroborate hypotheses that solitary facial displays are mediated by the presence of imaginary interactants, and suggest caution in employing them as measures of felt emotion.Avery Gilbert and Amy Jaffey had compelling insights throughout the course of study. We thank Paul Ekman, Carroll Izard, and Paul Rozin for extensive comments on earlier drafts. We also thank Bernard Apfelbaum, Jon Baron, Janet Bavelas, John Cacioppo, Linda Camras, Dean Delis, Rob DeRubeis, Alan Fiske, Stephen Fowler, Greg McHugo, Harriet Oster, David Premack, W. John Smith, and David Williams for their valuable comments and suggestions.     

Buchbesprechungen

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Assessing physical activity in inpatient rehabilitation—sensor-based validation of the PAIR

Increased physical activity is positively associated with better health in community-dwelling older persons. It is unclear whether physical activity also influences success of inpatient rehabilitation. For the assessment of physical activity in inpatient rehabilitation the Physical Activity in Inpatient Rehabilitation Assessment (PAIR), a short questionnaire based on five questions, was developed and preliminary validated. In this study, the PAIR was validated against a sensor-based physical activity measurement. Seventy functionally impaired and cognitively mostly intact patients of a German geriatric inpatient rehabilitation clinic who had undergone hip surgery (n?=?62 women, median age?=?83 years) participated. Physical activity was measured using the PAIR and a sensor-based activity monitor (Physilog ®; BioAGM, CH). Assessments were conducted at admission (T1) and 2 weeks later (T2) during the rehabilitation process. To assess concurrent and predictive validity, Spearman correlations and linear regression models were calculated using sensor-based walking activity and uptime activity (walking and standing time) as dependent variables. Criterion-related concurrent validity using physical activity sensors was weak to moderate. Correlations were slightly higher at T2 (r?=?0.45-0.53) than at T1 (r?=?0.44-0.46). The objectively measured variance of physical activity, explained by the PAIR, ranged from 25 to 43 %. PAIR activity scores and sensor-based walking or total activity increased in a dose-dependent manner, confirming the scoring system of the PAIR. The application time was usually less than 2 min. The validity of the PAIR is weak to moderate when compared to a sensor-based activity monitor and comparable to existing physical activity assessments for community-dwelling older adults.     

Modified Wald statistics for generalized linear models

Summary: Wald statistics in generalized linear models are asymptotically ² distributed. The asymptotic chi–squared law of the corresponding quadratic form shows disadvantages with respect to the approximation of the finite–sample distribution. It is shown by means of a comprehensive simulation study that improvements can be achieved by applying simple finite–sample size approximations to the distribution of the quadratic form in generalized linear models. These approximations are based on a ² distribution with an estimated degree of freedom that generalizes an approach by Patnaik and Pearson. Simulation studies confirm that nominal level is maintained with higher accuracy compared to the Wald statistics.     

Soziologisches Denken

Ohne Zusammenfassung     

A survey on multivariate chi-square distributions and their applications in testing multiple hypotheses

We are concerned with three different types of multivariate chi-square distributions. Their members play important roles as limiting distributions of vectors of test statistics in several applications of multiple hypotheses testing. We explain these applications and consider the computation of multiplicity-adjusted p-values under the respective global hypothesis. By means of numerical examples, we demonstrate how much gain in level exhaustion or, equivalently, power can be achieved with corresponding multivariate multiple tests compared with approaches which are only based on univariate marginal distributions and do not take the dependence structure among the test statistics into account. As a further contribution of independent value, we provide an overview of essentially all analytic formulas for computing multivariate chi-square probabilities of the considered types which are available up to present. These formulas were scattered in the previous literature and are presented here in a unified manner.     

Bericht zur Tagung „Die Jurisprudenz zwischen Verrechtlichung und Rechtsferne der Alltagspraxis“

Ohne Zusammenfassung