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...

Scholarly discourse over America’s national security policy frequently invites comparison with Germany’s policy. Interest in Germany’s national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States,...

This paper argues for enhanced free speech protections for writers and lyricists preempting the use of artistic compositions in criminal trials. It constructs this protection by grafting fundamentals of German free expression law, namely the concept of "dignity," onto existing First Amendment...

Earlier this year the Federal Ministry of Justice released the second edition of the brochure, Law - Made in Germany. For those readers who do not know the brochure, it is the product of an umbrella group of German professional organizations known as the Bündnis für das deutsche Recht. A...

In our digital age, how do governments both combat hate speech and terrorism, while continuing to protect civil liberties? And who makes the rules – platforms themselves? National governments? International institutions? When it comes to establishing policies to protect people on and off-line,...

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...

The case is one of the recent and of the benchmarks of the Court of Justice of the European Union (hereinafter referred to as: CJEU) that was followed by intense political debates, high-level legal argumentation, and expectations based on the national competences and the equal treatment from...