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...

מאמר זה מנתח את המתח שבין תקנות סדר דין האזרחי הכלליות לבין תקנות המשפחה בכלל ואת המתח ביניהן בהליכי הגילוי המוקדם בפרט. המאמר מתמודד, פוזיטיבית ונורמטיבית, עם...

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...

Professional judges receive a fixed salary and are largely exempt from disciplinary sanctions. How can performance still be secured? Judges share a culture consisting of work-related norms and values, derive status from their standing within the professional community, and are susceptible to...

This paper analyses the dynamics of personal insolvencies in Germany and the UK, focusing on the recent recession. These countries are particularly interesting as they are both member countries of the European Union, yet have completely different approaches to deal with overindebted individuals....

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...

The Weiss affair, which culminated in the BVerfG ruling of 5 May 2020, marks a break-up point in the long-standing dialogue between the BVerfG and the CJEU. The judges in Karlsruhe refused to follow the decision rendered by the CJUE in a preliminary ruling and admonished the German parliament...

Under the national procedural rules of most countries, judicial assistance in aid of international arbitration will be granted only by the courts at the seat of the arbitration (absent a letter rogatory from a court of the arbitral seat to a court in another jurisdiction). Germany, following an...

This paper assesses the widely held belief that damages for pain and suffering are random or arbitrary. We empirically analyze the differential impact of a plaintiff's personal characteristics, pain-specific circumstances and a lawsuit's procedural features on such payments. Relying on a dataset...

Since 2007, all insurance intermediaries face negligence liability that is supposed to reallocate risks and set economic incentives. Nonetheless, further measures are taken to improve consumer protection. So, the question arises does the liability rule influence the agents behavior, or not, and...