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Die Bedeutung der AKM-Entscheidung des EuGH für das Recht der Kabelweitersendung in Deutschland
(2017)
Der Beitrag erörtert die Auswirkungen der »AKM/Zürs.net«-Entscheidung des EuGH für die Praxis der Kabelweitersendung in Deutschland. Aus dem Urteil folgt, dass die integrale Kabelweitersendung der öffentlich-rechtlichen und privaten deutschen Fernsehsender im Inland kein neues Publikum erreicht und daher nicht gesondert erlaubnispflichtig ist. Bei ausländischen Sendern kommt es auf die Umstände des Einzelfalls an.
The Global Irrigation Model (GIM) is used within the framework of the global hydrological model WaterGAP to calculate monthly irrigation crop water use. Results on a 0.5 degrees grid include, consumption (ICU) and, via division by irrigation efficiencies, water withdrawal (IWU). The model distinguishes up to two cropping periods of rice and non-rice crops, each grown for 150 days, using a grid of area equipped for irrigation (AEI). Historical development of AEI and fraction of area actually irrigated (AAI) was previously considered via scaling of cell-specific results with country-specific factors for each year. In this study, GIM was adapted to use the new Historical Irrigation Data set (HID) with cell-specific AEI for 14 time slices between 1900 and 2005. AEI grids were temporally interpolated, and using the optional grid of AAI/AEI, results for years 1901-2014 were generated (runs "HID-ACT"). Thus, new installation or abandonment of irrigation infrastructure in new grid cells can be represented in a spatially explicit manner. For evaluated years 1910, 1960, 1995, and 2005, ICU from HID-ACT was superior to country-specific scaled results (run "HID-ACTHIST") in representing historical development of the spatial pattern. Compared to US state-level reference data, spatial patterns were better, while country totals were not always better. For calculating the cropping periods, 30-years climate means are needed, the choice of which is relevant. Four chosen periods before 1981-2010 all resulted in considerable, pertaining changes of ICU spatial pattern, and various percent changes in country totals. This might be because of already present climate change.
The paper provides an overview and an economic analysis of the development of the corporate governance of German banks since the 1950s, highlighting peculiarities – as seen from the meanwhile prevailing standard model perspective – of the German case. These peculiarities refer to the specific German notion and legal-institutional regime of corporate governance in general as well as to the specific three-pillar structure of the German banking system.
The most striking changes in the corporate governance of German banks during the past 50 years occurred in the case of the large shareholder-owned banks. For them, capital markets have become an important element of corporate governance, and their former orientation towards the interests of a broadly defined set of stakeholders has largely been replaced by a one-sided concentration on shareholders’ interests. In contrast, the corporate governance regimes of the smaller local public savings banks and the local cooperative banks have remained virtually unchanged. They acknowledge a broader horizon of stakeholder interests and put an emphasis on monitoring.
The Great Financial Crisis, beginning in 2007, has led to a considerable reassessment in the academic and political debate on bank governance. On an international level, it has revived the older notion that, in view of their high leverage and their innate complexity, banks are “special” and bank corporate governance also – and needs to be seen in this light, not least because research indicates that banks with a strong and one-sided shareholder orientation – and thus with what appears to be the best corporate governance according to the standard model – have suffered most in the crisis. In the German case, the crisis has shown that the smaller local banks have survived the crisis much better than large private and public banks, whose funding strongly depends on wholesale markets. This may point to certain advantages of their governance and ownership regimes. But the differences in the performance during the crisis years may also, or even more so, be a consequence of the business models of large vs small banks than of their different governance regimes.
This paper analyzes the relationship between monetary policy and financial stability in the Banking Union. There is no uniform global model regarding the relationship between monetary policy-making on the one hand, and prudential supervision on the other. Before the crisis, EU Member States followed different approaches, some of them uniting monetary and supervisory functions in one institution, others assigning them to different, neatly separated institutions. The financial crisis has underlined that monetary policy and prudential supervision deeply affect each other, especially in case of systemic events. Even in normal times, monetary and supervisory decisions might conflict with each other. After the crisis, some jurisdictions have moved towards a more holistic approach under which monetary policy takes supervisory considerations into account, while supervisory decisions pay due regard to monetary policy.
The Banking Union puts prudential supervision in the hands of the European Central Bank (ECB), the institution responsible for monetary policy. Nevertheless, at its establishment there was the political understanding that the ECB should follow a policy of meticulous separation in the discharge of its different functions. This raises the question whether the ECB may pursue a holistic approach to monetary policy and supervisory decision-making, respectively. On the basis of a purposive reading of the monetary policy mandate and the SSM Regulation, the paper answers this question in the affirmative. Effective monetary policy (or supervision) requires financial stability (or smooth monetary policy transmission). Moreover, without a holistic approach, the SSM Regulation is more likely to provoke the adoption of mutually defeating decisions by the Governing Board. The reputation of the ECB would suffer considerably under such a situation – in a field where reputation is of paramount importance for effective policy.
As any meticulous separation between monetary and supervisory functions turns out to be infeasible, the paper explores the reasons. Parting from Katharina Pistor’s legal theory of finance, which puts the emphasis on exogenous factors to explain the (non)enforcement of legal rules, the paper suggests a legal instability theorem which focuses on endogenous reasons, such as law’s indeterminacy, contextuality, and responsiveness to democratic deliberation. This raises the question whether the holistic approach would be democratically legitimate under the current framework of the ESCB. The idea of technocratic legitimacy that exempts the ECB from representative structures is effectively called into question by the legal instability theorem. This does not imply that the independence of the ECB should be given up, as there are no viable alternatives to protect monetary policy against the time inconsistency problem. Rather, any solution might benefit from recognizing the ECB in its mixed technocratic and political shape as a centerpiece of European integration and improving.
Optimal trend inflation
(2017)
We present a sticky-price model incorporating heterogeneous Firms and systematic firm-level productivity trends. Aggregating the model in closed form, we show that it delivers radically different predictions for the optimal inflation rate than canonical sticky price models featuring homogenous Firms:
(1) the optimal steady-state inflation rate generically differs from zero and,
(2) inflation optimally responds to productivity disturbances.
Using micro data from the US Census Bureau to estimate the inflation-relevant productivity trends at the firm level, we find that the optimal US inflation rate is positive. It was slightly above 2 percent in the year 1986, but continuously declined thereafter, reaching about 1 percent in the year 2013.
Helmut Siekmann erläutert in seinem Beitrag die Einstandspflicht der Bundesrepublik Deutschland für die Deutsche Bundesbank und die Europäische Zentralbank. Dabei kommt er zu dem Schluss, dass weder eine „Haftung der Bundesrepublik Deutschland für Verluste der EZB noch eine Verpflichtung zur Auffüllung von aufgezehrtem Eigenkapital“ besteht.
Dieser Beitrag ist zuerst erschienen in: Festschrift für Theodor Baums zum siebzigsten Geburtstag, S. 1145-1179, Helmut Siekmann, Andreas Cahn, Tim Florstedt, Katja Langenbucher, Julia Redenius-Hövermann, Tobias Tröger, Ulrich Segna, Hrsg., Tübingen, Mohr Siebeck 2017
We analyze older individuals’ debt and financial vulnerability using data from the Health and Retirement Study (HRS) and the National Financial Capability Study (NFCS). Specifically, in the HRS we examine three different cohorts (individuals age 56–61) in 1992, 2004, and 2010 to evaluate cross-cohort changes in debt over time. We also use two waves of the NFCS (2012 and 2015) to gain additional insights into debt management and older individuals’ capacity to shield themselves against shocks. We show that recent cohorts have taken on more debt and face more financial insecurity, mostly due to having purchased more expensive homes with smaller down payments.
The object of this study is one of the most ambitious projects of twentieth-century art history: Aby Warburg's 'Atlas Mnemosyne', conceived in the summer of 1926 – when the first mention of a 'Bilderatlas', or "atlas of images", occurs in his journal – and truncated three years later, unfinished, by his sudden death in October 1929. Mnemosyne consisted in a series of large black panels, about 170x140 cm., on which were attached black-and-white photographs of paintings, sculptures, book pages, stamps, newspaper clippings, tarot cards, coins, and other types of images. Warburg kept changing the order of the panels and the position of the images until the very end, and three main versions of the Atlas have been recorded: one from 1928 (the "1-43 version", with 682 images); one from the early months of 1929, with 71 panels and 1050 images; and the one Warburg was working on at the time of his death, also known as the "1-79 version", with 63 panels and 971 images (which is the one we will examine). But Warburg was planning to have more panels – possibly many more – and there is no doubt that Mnemosyne is a dramatically unfinished and controversial object of study.
Patterns and interpretation
(2017)
One thing for sure: digitization has completely changed the literary archive. People like me used to work on a few hundred nineteenth-century novels; today, we work on thousands of them; tomorrow, hundreds of thousands. This has had a major effect on literary history, obviously enough, but also on critical methodology; because, when we work on 200,000 novels instead of 200, we are not doing the same thing, 1,000 times bigger; we are doing a different thing. The new scale changes our relationship to our object, and in fact 'it changes the object itself'.
This paper studies a consumption-portfolio problem where money enters the agent's utility function. We solve the corresponding Hamilton-Jacobi-Bellman equation and provide closed-form solutions for the optimal consumption and portfolio strategy both in an infinite- and finite-horizon setting. For the infinite-horizon problem, the optimal stock demand is one particular root of a polynomial. In the finite-horizon case, the optimal stock demand is given by the inverse of the solution to an ordinary differential equation that can be solved explicitly. We also prove verification results showing that the solution to the Bellman equation is indeed the value function of the problem. From an economic point of view, we find that in the finite-horizon case the optimal stock demand is typically decreasing in age, which is in line with rules of thumb given by financial advisers and also with recent empirical evidence.