'Defending the rights'. An integrated model of collective action for "public water" in Italy

In many communities, supplying water for the people is a huge task and the fact that this essential service can be carried out by the private sector respecting the right to water, is a debated issue. This dissertation investigates the mechanisms through which a 'perceived rights violation' - which represents a specific form of perceived injustice which derives from the violation of absolute moral principles – can promote collective action. Indeed, literature on morality and collective action suggests that even if many people apparently sustain high moral principles (like human rights), only a minority decides to act in order to defend them. Taking advantage of the political situation in Italy, and the recent mobilization for "public water" we hypothesized that, because of its "sacred value", the perceived violation of the right to water facilitates identification with the social movement and activism. Through five studies adopting qualitative and quantitative methods, we confirmed our hypotheses demonstrating that the perceived violation of the right to water can sustain activism and it can influence vote intentions at the referendum for 'public water'. This path to collective action coexists with other 'classical' predictors of collective action, like instrumental factors (personal advantages, efficacy beliefs) and anger. The perceived rights violation can derive both from personal values (i.e. universalism) and external factors (i.e. a mobilization campaign). Furthermore, we demonstrated that it is possible to enhance the perceived violation of the right to water and anger through a specifically designed communication campaign. The final chapter summarizes the main findings and discusses the results, suggesting some innovative line of research for collective action literature.

Reti socievoli: l’impatto dei social networks nella costruzione dello spazio pubblico

La tesi si è consolidata nell’analisi dell’impatto dei social networks nella costruzione dello spazio pubblico, nella sfera di osservazione che è la rete e il web2.0. Osservando che il paradigma della società civile si sia modificato. Ridefinendo immagini e immaginari e forme di autorappresentazione sui new media (Castells, 2010). Nel presupposto che lo spazio pubblico “non è mai una realtà precostituita” (Innerarity, 2008) ma si muove all’interno di reti che generano e garantiscono socievolezza. Nell’obiettivo di capire cosa è spazio pubblico. Civic engagement che si rafforza in spazi simbolici (Sassen, 2008), nodi d’incontro significativi. Ivi cittadini-consumatori avanzano corresponsabilmente le proprie istanze per la debacle nei governi.. Cultura partecipativa che prende mossa da un nuovo senso civico mediato che si esprime nelle “virtù” del consumo critico. Portando la politica sul mercato. Cultura civica autoattualizzata alla ricerca di soluzioni alle crisi degli ultimi anni. Potere di una comunicazione che riduce il mondo ad un “villaggio globale” e mettono in relazione i pubblici connessi in spazi e tempi differenti, dando origine ad azioni collettive come nel caso degli Indignados, di Occupy Wall Street o di Rai per una notte. Emerge un (ri)pensare la citizenship secondo due paradigmi (Bennett,2008): l’uno orientato al governo attraverso i partiti, modello “Dutiful Citizenship”; l’altro, modello “Self Actualizing Citizenship” per cui i pubblici attivi seguono news ed eventi, percepiscono un minor obbligo nel governo, il voto è meno significativo per (s)fiducia nei media e nei politici. Mercato e società civile si muovono per il bene comune e una nuova “felicità”. La partecipazione si costituisce in consumerismo politico all’interno di reti in cui si sviluppano azioni individuali attraverso il social networking e scelte di consumo responsabile. Partendo dall’etnografia digitale, si è definito il modello “4 C”: Conoscenza > Coadesione > Co-partecipazione > Corresposabilità (azioni collettive) > Cultura-bility.

Deleghe di voto e acquisto del controllo nelle societa' quotate

A fronte dal recepimento del direttiva SHR nel nostro ordinamento, realizzato dal d.lgs. 27/2010, il presente lavoro si propone anzitutto di analizzare l'attuale ruolo della delega di voto - sollecitata e non - per poi verificare quale sia l'interesse concretamente sotteso a un voto così esercitato, con particolare attenzione alla sollecitazione di deleghe di voto, oggi destinata espressamente (per la prevalente dottrina) a consentire al promotore il perseguimento di interessi propri. Le considerazioni riguardo all'interesse concretamente sotteso al voto esercitato per delega portano a vagliarne la rilevanza ai fini della nozione di controllo, ex art. 2359 c.c., la quale esclude espressamente dai voti rilevanti esclusivamente quelli esercitati "per conto terzi", e non, dunque, anche quelli esercitati nell'interesse proprio da un soggetto non titolare della partecipazione. Viene quindi affrontata la principale critica ad un controllo raggiunto per tale via e, più in generale, attraverso una delle varie forme di dissociazione tra titolarità della partecipazione e legittimazione all'esercizio del voto ad essa relativo, ovvero la apparente mancanza di stabilità. Considerando tuttavia che ogni ipotesi di controllo c.d. di fatto per definizione non gode di stabilità se non si scelga di ammettere una valutazione di tale requisito necessariamente prognostica ed ex ante, si giunge alla conclusione che la fattispecie di un controllo acquisito tramite sollecitazione di deleghe si distingue da altre ipotesi di controllo di fatto esclusivamente per la maggiore difficoltà dell'accertamento in fatto del requisito della stabilità. Si affronta infine la possibilità di garantire il diritto di exit (ovvero una tutela risarcitoria) del socio di minoranza che veda modificate le condizioni di rischio del proprio investimento a causa di una modifica del soggetto controllante derivante da sollecitazione di deleghe, tramite applicazione diretta della disciplina OPA ovvero riconducendo la fattispecie all'art. 2497quater, lett. d, ove ne ricorrano i presupposti.

Wählen im räumlichen Kontext : eine empirische Untersuchung zum Einfluss der sozialen Komposition des Wahlkreises auf die individuelle Wahlentscheidung bei der Bundestagswahl 2009

Die meisten Studien der empirischen Wahlforschung führen das Wählverhalten bei deutschen Bundestagswahlen gemäß den bewährten Erklärungsansätzen (Columbia School, Cleavage-Theorie, Michigan School, …) auf Faktoren der Individualebene zurück. Nur wenige analysieren darüber hinaus den Einfluss räumlicher Kontextmerkmale. Diese Beiträge gelangen zudem zu widersprüchlichen Befunden, z.B. darüber, welcher Anteil der Gesamtvarianz überhaupt durch Kontextfaktoren erklärt werden kann. Daher will die vorliegende Arbeit klären, inwiefern die soziale Komposition des räumlichen Kontexts über individuelle Merkmale der Wähler hinaus ihre individuelle Wahlentscheidung bei der Bundestagswahl 2009 beeinflusst hat. Dazu wird zunächst ein räumliches Mehrebenen-Modell des individuellen Wahlverhaltens entwickelt, das den Einfluss von Kontextmerkmalen u.a. auf soziale Interaktionsmechanismen innerhalb der Kontexteinheiten zurückführt. Zudem werden die zentralen individuellen Erklärungsfaktoren der oben genannten Theorien (Parteiidentifikation, Kandidaten-, Sachfragen-Orientierung, soziale Gruppenzugehörigkeit) in das Modell integriert. Auf Grundlage von Daten der German Longitudinal Election Study werden anschließend logistische Mehrebenen-Modelle für die alten und erstmals auch für die neuen Bundesländer und Deutschland geschätzt. Erstmals werden zudem Wahlkreise als relevante Kontexteinheiten untersucht. Es zeigt sich, dass ein kleiner Teil der Varianz der individuellen Wahlentscheidung allein auf Merkmale des Wahlkreises zurückgeführt werden kann. Es treten sowohl direkte Kontexteffekte als auch Mehrebenen-Interaktionseffekte auf, die sich jedoch in ihrer Wirkung zwischen den Regionen und auch zwischen den Parteien erheblich unterscheiden.

Wahlbeteiligung bei Europawahlen : eine empirische Studie zu Deutschland und Polen

In der Arbeit wird die Wahlbeteiligung bei Europawahlen analysiert. Es geht um die Beantwortung der Frage, ob die individuelle Wahlteilnahme in alten und neuen EU-Mitgliedsstaaten bzw. alten und jungen Demokratien auf die gleichen Erklärungsgrößen zurückgeht oder ob möglicherweise Unterschiede zwischen beiden Ländergruppen bestehen. rnAls Bezugspunkt dient die Europawahl, die im Juni 2009 stattfand: Bei dieser Wahl fällt nicht nur die generell niedrige Beteiligung auf, sondern auch erhebliche Niveauunterschiede zwischen den einzelnen Mitgliedsstaaten. Um diesen Befund erklären zu können, wird zunächst ein theoretisches Erklärungsmodell entwickelt, das sich auf die folgenden fünf Dimensionen bezieht: politisches System der EU, europäische politische Gemeinschaft, Wählermobilisierung während des Europawahlkampfes, Gewohnheitswahl und Einschätzung der staatlichen sowie der eigenen wirtschaftlichen Lage. Als Erklärungsgröße werden in den fünf Bereichen jeweils unterschiedlich stark ausgeprägte Defizite in den beiden Ländergruppen angenommen. rnExemplarisch werden Deutschland und Polen untersucht. Die empirischen Analysen basieren auf dem umfangreichen Datensatz der European Election Study 2009 (ESS), hier werden die Daten der Voter Study verwendet. Nicht alle Hypothesen lassen sich im Rahmen der Arbeit bestätigten, nur ein Teil der unabhängigen Variablen hat auch im multivariaten Modell noch einen Einfluss auf die Europawahlbeteiligung. rnFür Deutschland zeigen die Ergebnisse, dass Wahlnorm und Wählermobilisierung einen größeren Effekt auf die Stimmabgabe ausüben als die Nutzenseite (Effektivität) der Wahlen. Im zweiten Modell, das für die polnischen Befragten berechnet wurde, erweisen sich nur zwei der unabhängigen Variablen als signifikant, d.h. nur die Einschätzung der Effektivität der Wahl und die internalisierte Wahlnorm haben einen Einfluss auf die Wahlteilnahme. Von der Effektivitätseinstufung geht eine größere Erklärungskraft aus als von der Wahlnorm; in diesem Modell überwiegt folglich die Nutzenseite der Europawahl. Es kann gezeigt werden, dass die unterschiedlichen Beteiligungsraten in den beiden Staaten durch unterschiedlich stark ausgeprägte Defizite in den Bereichen des politischen Systems und der Wahlnorm zustande kommen. Die Defizite sind in Polen stärker ausgeprägt und können so die niedrigere Wahlbeteiligung erklären. Darüber hinaus kann resümiert werden, dass die Nutzenseite der Europawahl in Polen einen stärkeren Einfluss auf die Beteiligung ausübt als in Deutschland.

La partecipazione popolare nell'esperienza dei referendum comunali

I Comuni incarnano idealmente delle piazze in cui il dibattito politico può svilupparsi in assenza di particolari filtri ed intermediazioni, con un rapporto diretto tra cittadini ed istituzioni. Essi costituiscono uno snodo di centrale importanza nell'esercizio della sovranità popolare e, al contempo, sono terreno fertile per la sperimentazione di modelli di partecipazione democratica. Prendendo come punto di vista l'esperienza dei Comuni italiani, si è scelto di focalizzare l'attenzione su uno degli strumenti “istituzionali” – nonché uno tra i più tradizionali – di partecipazione popolare, ovvero il referendum, nelle diverse forme ed accezioni che rientrano nel campo semantico di tale espressione. Questa è generalmente impiegata per indicare tutte quelle votazioni popolari non elettive su questioni politicamente rilevanti, formulate attraverso un quesito con due o più risposte alternative tra loro. L'analisi della disciplina legislativa degli istituti di partecipazione negli enti locali e lo studio delle disposizioni statutarie e regolamentari previste dai singoli Comuni, nonché le informazioni raccolte da alcuni casi di studio, rappresentano, in questo contesto, l'occasione per indagare le caratteristiche peculiari dell'istituto referendario, la sua effettività ed il suo impatto sulla forma di governo. In particolare, si è verificata positivamente la compatibilità del referendum, classificato dalla prevalente dottrina come istituto di democrazia diretta, con le forme attuali di democrazia rappresentativa. Si è tentato, altresì, un accostamento ai concetti di democrazia partecipativa e deliberativa, evidenziando come manchi del tutto, nel procedimento referendario (che pure è dotato di massima inclusività) un momento di confronto “deliberativo”. Il raffronto tra le esperienze riscontrate nei diversi Comuni ha consentito, inoltre, di ricercare le cause di alcuni aspetti critici (scarsa affluenza, mancata trasformazione del voto in decisioni politiche, aumento del conflitto) e, al contempo, di individuarne possibili soluzioni, tracciate sulla scorta delle migliori pratiche rilevate.

Law, Informal Institutions and Trust: an Experimental Perspective

This dissertation has studied how legal and non-legal mechanisms affect the levels of trust and trustworthiness in an economy, and whether and when subtle psychological factors are crucial for establishing trust and even for recovering trust from a breach of contract. The first Chapter has addressed the question of whether formal legal enforcement crowds out or crowds in the amount of trust in a society. We find that formal legal mechanisms, especially formal contracts backed by a powerful authority, normally undermine trust except when they are perceived as legitimate, or when there are no strong social norms of fairness (i.e. the population in a society is considerably heterogeneous), or when the environment in which repeated commercial relationships take place becomes highly uncertain. The second Chapter has examined whether the endogenous adoption of a collective punishment institution can help a society coordinate on an efficient outcome, characterized by high levels of trust and trustworthiness. The experimental results show that the endogenous introduction of collective punishment by means of a majority-voting rule does not significantly improve coordination on the efficient equilibrium. Not all subjects seem to be able to anticipate the change in behavior induced by the introduction of the mechanism, and a majority of them vote against it. The third Chapter has explored whether high-trustors adapt their behavior in response to others’ trustworthiness or untrustworthiness more quickly, which in turn supports them to maintain higher default expectations of others’ trustworthiness relative to low-trustors. Our experimental results reveal that high-trustors are better than low-trustors at predicting others’ trustworthiness because they are less susceptible to the anticipated aversive emotions aroused by the potential betrayal and thereby have a higher willingness to acquire the valuable information about their partner’s actions.

The Supreme Court Confirmation Process and Its Implications

In recent history, there has been a trend of increasing partisan polarization throughout most of the American political system. Some of the impacts of this polarization are obvious; however, there is reason to believe that we miss some of the indirect effects of polarization. Accompanying the trend of increased polarization has been an increase in the contentiousness of the Supreme Court confirmation process. I believe that these two trends are related. Furthermore, I argue that these trends have an impact on judicial behavior. This is an issue worth exploring, since the Supreme Court is the most isolated branch of the federal government. The Constitution structured the Supreme Court to ensure that it was as isolated as possible from short-term political pressures and interests. This study attempts to show how it may be possible that those goals are no longer being fully achieved. My first hypothesis in this study is that increases in partisan polarization are a direct cause of the increase in the level of contention during the confirmation process. I then hypothesize that the more contention a justice faces during his or her confirmation process, the more ideologically extreme that justice will then vote on the bench. This means that a nominee appointed by a Republican president will tend to vote even more conservatively than was anticipated following a contentious confirmation process, and vice versa for Democratic appointees. In order to test these hypotheses, I developed a data set for every Supreme Court nominee dating back to President Franklin D. Roosevelt¿s appointments (1937). With this data set, I ran a series of regression models to analyze these relationships. Statistically speaking, the results support my first hypothesis in a fairly robust manner. My regression results for my second hypothesis indicate that the trend I am looking for is present for Republican nominees. For Democratic nominees, the impacts are less robust. Nonetheless, as the results will show, contention during the confirmation process does seem to have some impact on judicial behavior. Following my quantitative analysis, I analyze a series of case studies. These case studies serve to provide tangible examples of these statistical trends as well as to explore what else may be going on during the confirmation process and subsequent judicial decision-making. I use Justices Stevens, Rehnquist, and Alito as the subjects for these case studies. These cases will show that the trends described above do seem to be identifiable at the level of an individual case. These studies further help to indicate other potential impacts on judicial behavior. For example, following Justice Rehnquist¿s move from Associate to Chief Justice, we see a marked change in his behavior. Overall, this study serves as a means of analyzing some of the more indirect impacts of partisan polarization in modern politics. Further, the study offers a means of exploring some of the possible constraints (both conscious and subconscious) that Supreme Court justices may feel while they decide how to cast a vote in a particular case. Given the wide-reaching implications of Supreme Court decisions, it is important to try to grasp a full view of how these decisions are made.

The Presidential Institution in Bulgaria, Albania and Romani: An Attempt at Comparison"

Bulgaria, Albania and Romania are all parliamentary republics with a president as head of state. Although the Albanian president is elected by Parliament, he is arguably the strongest of the three, both in terms of the powers allowed by the provisional constitution and of Mr. Berisha's political practice. The constitutional reform underway in the country will however change the status quo. In Bulgaria and Romania the presidents are elected directly by popular vote, but their powers are relatively small as compared to the democratic legitimisation implied by direct elections. Actual presidential powers should however be assessed with caution as some of them are set by law or interpretations of constitutional texts, rather than by the constitutions themselves. There is also variation in the degree to which the presidents in office have exploited their constitutional powers or taken their role as non-aligned political brokers seriously. Mr. Berisha, in particular, was in control of party politics throughout his presidency and was one of the most polarising influences on public opinion. The excessive political polarisation in all three countries has however its own logic and power. Thus Mr. Zhelev invariably supported the emergence of a political centre in Bulgaria, but this did not succeed and the policy was as damaging to his political career as the fight with would-be centrists was to Berisha's. Political practice in all three countries seems to need a presidential figure. This adds flexibility to a situation governed by hostile and mutually suspicious parties, stuck parliaments and weak or inexperienced governments. The presidents also command considerable influence on public opinion. Public opinion in Bulgaria, for example, largely supports the idea of greater power for the president, in contrast with the opinions of constitutionalists and other law-makers in the country. Under the legacy of the past, the people have a love-hate relationship with such paternalist figures. Presidents personalise politics in the public mind, but they can also become scapegoats for political failures.

Can OBAMA win Re-election? Demographics vs. Economics in the 2012 Election

Lincoln famously spoke of government “of the people, by the p eople, and for the people.” But who, exactly, are “the people”? Which demographic characteristics are the most politically significant? And who will actually turn out to vote? Dr. Ruy Teixeira, Senior Fellow at The Century Foundation and the Center for American Progress, will consider these questions against the backdrop of this year’s presidential campaign.

Past is Prologue: Montana’s Historic Women’s Movement Re-emerges in the Progressive 1970s -- Dorothy Bradley, Marilyn Wessel & Jane Jelinski “In the Crucible of Change”

One-hundred years ago, in 1914, male voters in Montana (MT) extended suffrage (voting rights) to women six years before the 19th Amendment to the US Constitution was ratified and provided that right to women in all states. The long struggle for women’s suffrage was energized in the progressive era and Jeanette Rankin of Missoula emerged as a leader of the campaign; in 1912 both major MT political party platforms supported women suffrage. In the 1914 election, 41,000 male voters supported woman suffrage while nearly 38,000 opposed it. MT was not only ahead of the curve on women suffrage, but just two years later in 1916 elected Jeanette Rankin as the first woman ever elected to the United States Congress. Rankin became a national leader for women's equality. In her commitment to equality, she opposed US entry into World War I, partially because she said she could not support men being made to go to war if women were not allowed to serve alongside them. During MT’s initial progressive era, women in MT not only pursued equality for themselves (the MT Legislature passed an equal pay act in 1919), but pursued other social improvements, such as temperance/prohibition. Well-known national women leaders such as Carrie Nation and others found a welcome in MT during the period. Women's role in the trade union movement was evidenced in MT by the creation of the Women's Protective Union in Butte, the first union in America dedicated solely to women workers. But Rankin’s defeat following her vote against World War I was used as a way for opponents to advocate a conservative, traditionalist perspective on women's rights in MT. Just as we then entered a period in MT where the “copper collar” was tightened around MT economically and politically by the Anaconda Company and its allies, we also found a different kind of conservative, traditionalist collar tightened around the necks of MT women. The recognition of women's role during World War II, represented by “Rosie the Riveter,” made it more difficult for that conservative, traditionalist approach to be forever maintained. In addition, women's role in MT agriculture – family farms and ranches -- spoke strongly to the concept of equality, as farm wives were clearly active partners in the agricultural enterprises. But rural MT was, by and large, the bastion of conservative values relative to the position of women in society. As the period of “In the Crucible of Change” began, the 1965 MT Legislature included only three women. In 1967 and 1969 only one woman legislator served. In 1971 the number went up to two, including one of our guests, Dorothy Bradley. It was only after the Constitutional Convention, which featured 19 women delegates, that the barrier was broken. The 1973 Legislature saw 9 women elected. The 1975 and 1977 sessions had 14 women legislators; 15 were elected for the 1979 session. At that time progressive women and men in the Legislature helped implement the equality provisions of the new MT Constitution, ratified the federal Equal Rights Amendment in 1974, and held back national and local conservatives forces which sought in later Legislatures to repeal that ratification. As with the national movement at the time, MT women sought and often succeeded in adopting legal mechanisms that protected women’s equality, while full equality in the external world remained (and remains) a treasured objective. The story of the re-emergence of Montana’s women’s movement in the 1970s is discussed in this chapter by three very successful and prominent women who were directly involved in the effort: Dorothy Bradley, Marilyn Wessel, and Jane Jelinski. Their recollections of the political, sociological and cultural path Montana women pursued in the 1970s and the challenges and opposition they faced provide an insider’s perspective of the battle for equality for women under the Big Sky “In the Crucible of Change.” Dorothy Bradley grew up in Bozeman, Montana; received her Bachelor of Arts Phi Beta Kappa from Colorado College, Colorado Springs, in 1969 with a Distinction in Anthropology; and her Juris Doctor from American University in Washington, D.C., in 1983. In 1970, at the age of 22, following the first Earth Day and running on an environmental platform, Ms. Bradley won a seat in the 1971 Montana House of Representatives where she served as the youngest member and only woman. Bradley established a record of achievement on environmental & progressive legislation for four terms, before giving up the seat to run a strong second to Pat Williams for the Democratic nomination for an open seat in Montana’s Western Congressional District. After becoming an attorney and an expert on water law, she returned to the Legislature for 4 more terms in the mid-to-late 1980s. Serving a total of eight terms, Dorothy was known for her leadership on natural resources, tax reform, economic development, and other difficult issues during which time she gained recognition for her consensus-building approach. Campaigning by riding her horse across the state, Dorothy was the Democratic nominee for Governor in 1992, losing the race by less than a percentage point. In 1993 she briefly taught at a small rural school next to the Northern Cheyenne Indian Reservation. She was then hired as the Director of the Montana University System Water Center, an education and research arm of Montana State University. From 2000 - 2008 she served as the first Gallatin County Court Administrator with the task of collaboratively redesigning the criminal justice system. She currently serves on One Montana’s Board, is a National Advisor for the American Prairie Foundation, and is on NorthWestern Energy’s Board of Directors. Dorothy was recognized with an Honorary Doctorate from her alma mater, Colorado College, was named Business Woman of the Year by the Bozeman Chamber of Commerce and MSU Alumni Association, and was Montana Business and Professional Women’s Montana Woman of Achievement. Marilyn Wessel was born in Iowa, lived and worked in Los Angeles, California, and Washington, D.C. before moving to Bozeman in 1972. She has an undergraduate degree in journalism from Iowa State University, graduate degree in public administration from Montana State University, certification from the Harvard University Institute for Education Management, and served a senior internship with the U.S. Congress, Montana delegation. In Montana Marilyn has served in a number of professional positions, including part-time editor for the Montana Cooperative Extension Service, News Director for KBMN Radio, Special Assistant to the President and Director of Communications at Montana State University, Director of University Relations at Montana State University and Dean and Director of the Museum of the Rockies at MSU. Marilyn retired from MSU as Dean Emeritus in 2003. Her past Board Service includes Montana State Merit System Council, Montana Ambassadors, Vigilante Theater Company, Montana State Commission on Practice, Museum of the Rockies, Helena Branch of the Ninth District Federal Reserve Bank, Burton K. Wheeler Center for Public Policy, Bozeman Chamber of Commerce, and Friends of KUSM Public Television. Marilyn’s past publications and productions include several articles on communications and public administration issues as well as research, script preparation and presentation of several radio documentaries and several public television programs. She is co-author of one book, 4-H An American Idea: A History of 4-H. Marilyn’s other past volunteer activities and organizations include Business and Professional Women, Women's Political Caucus, League of Women Voters, and numerous political campaigns. She is currently engaged professionally in museum-related consulting and part-time teaching at Montana State University as well as serving on the Editorial Board of the Bozeman Daily Chronicle and a member of Pilgrim Congregational Church and Family Promise. Marilyn and her husband Tom, a retired MSU professor, live in Bozeman. She enjoys time with her children and grandchildren, hiking, golf, Italian studies, cooking, gardening and travel. Jane Jelinski is a Wisconsin native, with a BA from Fontbonne College in St. Louis, MO who taught fifth and seventh grades prior to moving to Bozeman in 1973. A stay-at-home mom with a five year old daughter and an infant son, she was promptly recruited by the Gallatin Women’s Political Caucus to conduct a study of Sex-Role Stereotyping in K Through 6 Reading Text Books in the Bozeman School District. Sociologist Dr. Louise Hale designed the study and did the statistical analysis and Jane read all the texts, entered the data and wrote the report. It was widely disseminated across Montana and received attention of the press. Her next venture into community activism was to lead the successful effort to downzone her neighborhood which was under threat of encroaching business development. Today the neighborhood enjoys the protections of a Historic Preservation District. During this time she earned her MPA from Montana State University. Subsequently Jane founded the Gallatin Advocacy Program for Developmentally Disabled Adults in 1978 and served as its Executive Director until her appointment to the Gallatin County Commission in 1984, a controversial appointment which she chronicled in the Fall issue of the Gallatin History Museum Quarterly. Copies of the issue can be ordered through: http://gallatinhistorymuseum.org/the-museum-bookstore/shop/. Jane was re-elected three times as County Commissioner, serving fourteen years. She was active in the Montana Association of Counties (MACO) and was elected its President in 1994. She was also active in the National Association of Counties, serving on numerous policy committees. In 1998 Jane resigned from the County Commission 6 months before the end of her final term to accept the position of Assistant Director of MACO, from where she lobbied for counties, provided training and research for county officials, and published a monthly newsletter. In 2001 she became Director of the MSU Local Government Center where she continued to provide training and research for county and municipal officials across MT. There she initiated the Montana Mayors Academy in partnership with MMIA. She taught State and Local Government, Montana Politics and Public Administration in the MSU Political Science Department before retiring in 2008. Jane has been married to Jack for 46 years, has two grown children and three grandchildren.

Razor Thin Win: The 1972 Constitution Ballot, Campaign, Ratification & the Courts -- Mae Nan (Robinson) Ellingson & Mick McKeon “In the Crucible of Change”

Beyond the challenge of crafting a new state Constitution that empowered the people and modernized and opened up state and local government in Montana, the Constitutional Convention delegates, as they signed the final document, looked forward to the arduous task of getting it ratified by the electorate in a short ten week period between the end of the convention on March 24 and the ratification election of June 6, 1972. While all 100 delegates signed the draft Constitution, not all supported its adoption. But the planning about how to get it adopted went back to the actions of the Convention itself, which carefully crafted a ballot that kept “hot political issues” from potentially killing the entire document at the polls. As a result, three side issues were presented to the electorate on the ballot. People could vote for or against those side issues and still vote to ratify the entire document. Thus, the questions of legalizing gambling, having a unicameral legislature and retaining the death penalty were placed separately on the ballot (gambling passed, as did the retention of the death penalty, but the concept of a one-house legislature was defeated). Once the ballot structure was set, delegates who supported the new Constitution organized a grassroots, locally focused effort to secure ratification – thought hampered by a MT Supreme Court decision on April 28 that they could not expend $45,000 in public monies that they had set aside for voter education. They cobbled together about $10,000 of private money and did battle with the established political forces, led by the MT Farm Bureau, MT Stockgrowers’ Assn. and MT Contractors Assn., on the question of passage. Narrow passage of the main document led to an issue over certification and a Montana Supreme Court case challenging the ratification vote. After a 3-2 State Supreme Court victory, supporters of the Constitution then had to defend the election results again before the federal courts, also a successful effort. Montana finally had a new progressive State Constitution that empowered the people, but the path to it was not clear and simple and the win was razor thin. The story of that razor thin win is discussed in this chapter by the two youngest delegates to the 1972 Constitutional Convention, Mae Nan Ellingson of Missoula and Mick McKeon, then of Anaconda. Both recognized “Super Lawyers in their later professional practices were also significant players in the Constitutional Convention itself and actively participated in its campaign for ratification. As such, their recollections of the effort provide an insider’s perspective of the struggle to change Montana for the better through the creation and adoption of a new progressive state Constitution “In the Crucible of Change.” Mae Nan (Robinson) Ellingson was born Mae Nan Windham in Mineral Wells, TX and graduated from Mineral Wells High School in 1965 and Weatherford College in Weatherford, TX in 1967. Mae Nan was the youngest delegate at the 1972 Convention from Missoula. She moved to Missoula in 1967 and received her BA in Political Science with Honors from the University of MT in 1970. She was a young widow known by her late husband’s surname of Robinson while attending UM graduate school under the tutelage of noted Professor Ellis Waldron when he persuaded her to run for the Constitutional Convention. Coming in a surprising second in the delegate competition in Missoula County she was named one of the Convention’s “Ten Outstanding Constitutional Convention Delegates,” an impressive feat at such a young age. She was 24 at the time, the youngest person to serve at the ConCon, and one of 19 women out of 100 delegates. In the decade before the Convention, there were never more than three women Legislators in any session, usually one or two. She was a member of the American Association of University Women, a Pi Sigma Alpha political science honorary, and a Phi Alpha Theta historical honorary. At the Convention, she led proposals for the state's bill of rights, particularly related to equal rights for women. For years, Ellingson kept a copy of the preamble to the Constitution hanging in her office; while all the delegates had a chance to vote on the wording, she and delegate Bob Campbell are credited with the language in the preamble. During the convention, she had an opportunity that opened the door to her later career as an attorney. A convention delegate suggested to her that she should go to law school. Several offered to help, but at the time she couldn't go to school. Her mom had died in Texas, and she ended up with a younger brother and sister to raise in Missoula. She got a job teaching, but about a year later, intrigued with the idea of pursuing the law as a career, she called the man back to ask about the offer. Eventually another delegate, Dave Drum of Billings, sponsored her tuition at the UM School of Law. After receiving her JD with Honors (including the Law Review and Moot Court) from the UM Law School Ellingson worked for the Missoula city attorney's office for six years (1977-83), and she took on landmark projects. During her tenure, Missoula became the first city to issue open space bonds, a project that introduced her to Dorsey & Whitney. The city secured its first easement on Mount Sentinel, and it created the trail along the riverfront with a mix of playing fields and natural vegetation. She also helped develop a sign ordinance for the city of Missoula. She ended up working as bond counsel for Dorsey & Whitney, and she opened up the firm's full-fledged Missoula office after commuting a couple of years to its Great Falls office. She was a partner at Dorsey Whitney, working there from 1983 until her retirement in 2012. The area of law she practiced there is a narrow specialty - it requires knowledge of constitutional law, state and local government law, and a slice of federal tax law - but for Ellingson it meant working on great public projects – schools, sewer systems, libraries, swimming pools, ire trucks. At the state level, she helped form the Montana Municipal Insurance Authority, a pooled insurance group for cities. She's shaped MT’s tax increment law, and she was a fixture in the MT Legislature when they were debating equal rights. As a bond lawyer, though, Ellingson considers her most important work for the state to be setting up the Intercap Program that allowed local governments to borrow money from the state at a low interest rate. She has been a frequent speaker at the League of Cities and Towns, the Montana Association of Counties, and the Rural Water Users Association workshops on topics related to municipal finance, as well as workshops sponsored by the DNRC, the Water and Sewer Agencies Coordination Team, and the Montana State University Local Government Center. In 2002, she received an outstanding service award from the Montana Rural Water Users Association. In addition to being considered an expert on Montana state and constitutional law, local government law and local government finance, she is a frequent teacher at the National Association of Bond Lawyers (NABL) Fundamentals of Municipal Bond Law Seminar and the NABL Bond Attorney’s Workshop. For over 30 years Mae Nan has participated in the drafting of legislation in Montana for state and local finance matters. She has served on the Board of Directors of NABL, as Chairman of its Education Committee, was elected as an initial fellow in 1995 to the American College of Bond Counsel, and was recognized as a Super Lawyer in the Rocky Mountain West. Mae Nan was admitted to practice before the MT and US Supreme Courts, was named one of “America’s Leading Business Lawyers” by Chambers USA (Rank 1), a Mountain States Super Lawyer in 2007 and is listed in Best Lawyers in America; she is a member and former Board Member of NABL, a Fellow of the American College of Bond Counsel and a member of the Board of Visitors of the UM Law School. Mae Nan is also a philanthropist who serves on boards and applies her intelligence to many organizations, such as the Missoula Art Museum. [Much of this biography was drawn from a retirement story in the Missoulian and the Dorsey Whitney web site.] Mick McKeon, born in Anaconda in 1946, is a 4th generation Montanan whose family roots in this state go back to the 1870’s. In 1968 he graduated from Notre Dame with a BA in Communications and received a Juris Doctorate degree from the University of Montana Law School in 1971. Right after graduating from law school, Mick was persuaded by his father, longtime State Senator Luke McKeon, and his uncle, Phillips County Attorney Willis McKeon, to run for delegate to Montana’s Constitutional Convention and was elected to represent Deer Lodge, Philipsburg, Powell, and part of Missoula Counties. Along with a coalition of delegates from Butte and Anaconda, he fought through the new Constitution to eliminate the legal strangle hold, often called “the copper collar,” that corporate interests -- the Anaconda Company and its business & political allies -- had over state government for nearly 100 years. The New York Times called Montana’s Constitutional Convention a “prairie revolution.” After helping secure the ratification of the new Constitution, Mick began his practice of law in Anaconda where he engaged in general practice for nearly 20 years. Moving to Butte in 1991, Mick focused has practice in personal injury law, representing victims of negligence and corporate wrongdoing in both Montana district courts and federal court. As such, he participated in some of the largest cases in the history of the state. In 1992 he and his then law partner Rick Anderson obtained a federal court verdict of $11.5 million -- the largest verdict in MT for many years. Mick’s efforts on behalf of injured victims have been recognized by many legal organizations and societies. Recently, Mick was invited to become a member of the International Academy of Trial Lawyers - 600 of the top lawyers in the world. Rated as an American Super Lawyer, he has continuously been named one of the Best Lawyers in America, and an International Assn. of Trial Lawyers top 100 Trial Lawyer. In 2005, he was placed as one of Montana’s top 4 Plaintiff’s lawyers by Law Dragon. Mick is certified as a civil trial specialist by the National Board of Trial Advocacy and has the highest rating possible from Martindale-Hubble. Mick was awarded the Montana Trial Lawyers Public Service Award and provided pro bono assistance to needy clients for his entire career. Mick’s law practice, which he now shares with his son Michael, is limited to representing individuals who have been injured in accidents, concentrating on cases against insurance companies, corporations, medical providers and hospitals. Mick resides in Butte with his wife Carol, a Butte native. Mick, Carol, Michael and another son, Matthew, who graduated from Dartmouth College and was recently admitted to the Montana bar, enjoy as much of their time together in Butte and at their place on Flathead Lake.

Die Auswirkungen der E-Commerce-Regelungen der EU-Richtlinie über Verbraucherrechte auf das BGB

This article investigates the effect of the Consumer Rights Directive 2011/83/EU on the German BGB. Special emphasis is placed on e-com- merce-relevant legislation. The article is based on the argument that European law requires the German legislator, when it transposes Directives intended to create rights for individuals into the BGB, to do so inbest conformity with the BGB’s current system. It therefore browses through the BGB’s relevant norms and investigates how such a transposition may be achieved. It will conclude that such a transposition is possible, but that the German legislator should de- vote more time to investigate how such transposi- tion shall be acquired.

When Shareholders choose not to Maximize Value: The Union Bank of Switzerland's 1994 Proxy Fight

The staid Union Bank of Switzerland, in a very close vote, won the support of its shareholders in its battle against an attempt by dissidents to guide the way the nation's biggest bank is run. The special shareholder vote, held in a packed Zurich sports hall, was one of the most keenly awaited events in recent Swiss financial histroy. The Wall Street Journal, November 23, 1994

Voter Participation in the 1998 Bundestag Elections: A Theoretical Modification and Empirical Application of Downs’ Theory of Voter Participation

This article seeks to contribute to the illumination of the so-called 'paradox of voting' using the German Bundestag elections of 1998 as an empirical case. Downs' model of voter participation will be extended to include elements of the theory of subjective expected utility (SEU). This will allow a theoretical and empirical exploration of the crucial mechanisms of individual voters' decisions to participate, or abstain from voting, in the German general election of 1998. It will be argued that the infinitely low probability of an individual citizen's vote to decide the election outcome will not necessarily reduce the probability of electoral participation. The empirical analysis is largely based on data from the ALLBUS 1998. It confirms the predictions derived from SEU theory. The voters' expected benefits and their subjective expectation to be able to influence government policy by voting are the crucial mechanisms to explain participation. By contrast, the explanatory contribution of perceived information and opportunity costs is low.