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Most textbooks introducing German law devote special attention to the corruption of law and legal institutions that took place during the Nazi dictatorship. And then they describe the period in German legal history after the Second World War. This era involved dramatic developments that...
Persistent link: https://www.econbiz.de/10014081243
This article addresses not only offshore detainees at Guantánamo and elsewhere, but also the two Americans and one Qatari held in the United States as enemy combatants. It focuses on the critical issues in U.S. litigation - extraterritoriality and deference - yet also examines the scope of...
Persistent link: https://www.econbiz.de/10014053827
In major legal orders such as UK, the U.S., Germany, and France, bribers and recipients face equally severe criminal sanctions. In contrast, countries like China, Russia, and Japan treat the briber more mildly. Given these differences between symmetric and asymmetric punishment regimes for...
Persistent link: https://www.econbiz.de/10010286689
In major legal orders such as UK, the U.S., Germany, and France, bribers and recipients face equally severe criminal sanctions. In contrast, countries like China, Russia, and Japan treat the briber more mildly. Given these differences between symmetric and asymmetric punishment regimes for...
Persistent link: https://www.econbiz.de/10009487845
German chemical corporations were complicit in the gassing of Allied troops in World War I and concentration camp prisoners in World War II. The shock of the Holocaust resulted in adoption of the Genocide Convention and the determination to never let this happen again. Genocide, of course, has...
Persistent link: https://www.econbiz.de/10013057619
There has recently been a minor research and publishing boom in the field of refusals of royal assent to Bills in Australia. When in the throes of finalising my own contribution to this outburst of scholarship, I discovered that the figurehead German Federal President had just refused his assent...
Persistent link: https://www.econbiz.de/10014200794
This paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and transnationally. While the earlier turn to alternative...
Persistent link: https://www.econbiz.de/10012751511
By taking a backstage look at our experiences as student editors on the German Law Journal, we reflect on what being a student editor can add to a legal education. In order to rebut criticisms of student participation on law journals, we first argue that being a student editor provides students...
Persistent link: https://www.econbiz.de/10014202531
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...
Persistent link: https://www.econbiz.de/10014360286
Die vorliegende Studie skizziert zunächst die Bedeutung von Wirtschaftskriminalität aus Sicht der deutschen Unternehmen sowie den derzeitigen Forschungsstand zu den Ursachen von Wirtschaftskriminalität. Dabei wird deutlich, dass die Motive von Wirtschaftsstraftätern noch nicht hinreichend...
Persistent link: https://www.econbiz.de/10010368426