bluuebunny/crossref_metadata_2025 huggingface dataset:
Three Faces of Information Literacy in Legal Studies: Research Instruction and Law Student Information Literacy Standards in the American Common Law, British Common Law, and Turkish Civilian Legal Traditions†
Authors: Kim-Prieto Dennis , Kahvecioğlu Mustafa Kerem
Published: March 2019

Information Literacy (IL) has been defined by the ACRL as the ability to identify, access, evaluate, and apply information in an ethical manner. However, IL skills are not an ossified set of behaviors, and IL skills cannot evolve in an intellectual vacuum, without the content that allows for such skills to emerge from practice. As such, IL should be contextualized within the structures and modes of thought of particular disciplines. In response, a burgeoning IL in law movement has arisen, applying the standards of identification, accessing, evaluation, application, and ethical analyses to legal information and the research methods and tools unique to the practice of law. This article traces the development of this movement in three distinct jurisdictions: the United States, the United Kingdom, and Turkey.
Some Observations on the Acquisition of French Legal Materials
Authors: Linh Tran Van
Published: March 2019

The acquisition of foreign legal materials always presents something of a problem to law librarians in the United States. Conventional bibliographic tools seldom contain the necessary information, local dealers are often reluctant to handle the orders, and appropriate foreign dealers are frequently difficult to identify.
The United Nations International Law Commission
Authors: Schaaf Robert W.
Published: March 2019

Those seeking information on the United Nations’ work in systematizing the rules of public international law may find it useful to examine the latest edition of The Work of the International Law Commission (4th ed., United Nations, 1988). According to this publication, (the primary source for this column), interest in the development and codification of the rules on international law may be traced back to the late 18th century and the English philosopher Jeremy Bentham, author of Principles of International Law. From this time forward there were numerous attempts at the codification of international law, but intergovernmental regulation of general legal questions originated with the Congress of Vienna (1814–1815). Thereafter, international legal rules on various subjects were developed by different diplomatic conferences. These included such subjects as the laws of war on land and sea, pacific settlement of international disputes and the regulation of postal services and telecommunications. The Hague Peace Conferences of 1899 and 1907 stimulated the movement for codification. Efforts to promote the codification and development of international law were further advanced with the 1924 (September 22) resolution of the fifth session of the League of Nations Assembly which envisaged the establishment of a standing Committee of Experts for the Progressive Codification of International Law. After having consulted member governments and the Council, the League Assembly decided in 1927 to convene a Codification Conference which took place at The Hague in the Spring of 1930. Unfortunately, the international instruments resulting from the work of the conference were only in the one field of nationality. One further step, however, was the adoption by the League Assembly on September 25, 1931 of a major resolution on codification of international law emphasizing the need to strengthen the influence of governments at each stage in the codification process.
An Outline of Dutch Policy on Narcotic Drugs
Authors: van Hoogstraten Steven
Published: March 2019

In the first place, I welcome you warmly to the Peace Palace. I am the director of the Carnegie Foundation, a foundation which owns and manages the Palace and which is the host to the Peace Palace Library. So it is a great pleasure to see all of you here, in this new part of the Palace, the Academy and Library Building.
Could Catalonia Become Independent?
Authors: Reniu Josep Ma
Published: March 2019

This question could become the shortest presentation ever made, as the answer is so simple: YES! But in order to make it clear, we must take a look into the different arguments and scenarios surrounding the Catalan process.
Accessing Legal Information in Catalonia: Open Access to Legislation and Case Law
Authors: Morante Montse , Sanpera Patricia
Published: March 2019

This article outlines free online legal resources to conduct research on Catalan and Spanish legislation and case-law. Most of these resources are primary sources made public by government bodies. The list shows how the Spanish and Catalan governments, in their attempt to promote equal access to legislation and case-law, cover the different jurisdictions. The text also mentions some resources to conduct historical legal research about legislation and case law, and some free legal private websites.
A Christian View of Humanitarian Intervention
Authors: Biggar Nigel
Published: March 2019

As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay presents a Christian view of how to think coherently about the relationships between those three elements. Christian monotheism entails the view that there is a given moral order or “natural law,” which comprises basic human goods (or universally objective values) and moral rules for defending and promoting them. This natural law precedes all human, positive law. It follows that, while the authority of positive international law is important for the maintenance of the good of social order, it is still penultimate, since it can be trumped by natural law. Moreover, international law's authority is weaker than that of national law, because controversy over its sources gives greater scope for the interpreter's moral and political prejudices to shape its construal. Since the interpretation of international law is subject to diverse construals, occasions arise when its authority is invoked to shield the perpetration of grave injustice. In such circumstances, an appeal to natural law could supply moral justification for humanitarian military intervention, even when it violates the letter of international law. Humanitarian intervention, however, is often criticized for being motivated by national interests. A Christian view that follows Thomas Aquinas, however, does not regard national interests as immoral per se, but recognizes that self-interest can be legitimate, and that a national government has a moral responsibility to promote the legitimate interests of its people.
Spatiotemporal distribution of a non-haematophagous bat community and rabies virus circulation: a proposal for urban rabies surveillance in Brazil
Authors: Dias R. A. , Rocha F. , Ulloa-Stanojlovic F. M. , Nitsche A. , Castagna C. , de Lucca T. , Rodrigues R. C. A.
Published: March 2019

In Brazil, rabies surveillance is based on monitoring domestic and wild animals, although the most prevalent lineage of the rabies virus (RABV) currently diagnosed in Brazil is associated with bats, particularly non-haematophagous bats. Disease control is based on the mass vaccination of dogs and cats. We used data collected by the passive surveillance system of the city of Campinas from 2011 to 2015, to describe the temporal and geographic distributions of the bat specimens and RABV and discuss the current rabies surveillance with the advent of the declaration of canine and feline rabies-free areas in Brazil. We described the species, locations and health statuses of the collected bat specimens. Moreover, all samples were submitted for RABV diagnosis. Then, we performed a time series decomposition for each bat family. Additionally, we determined the spatiotemporal relative risk for RABV infection using the ratio of the kernel-smoothed estimates of spatiotemporal densities of RABV-positive and RABV-negative bats. From the 2537 bat specimens, the most numerous family was Molossidae (72%), followed by Vespertilionidae (14%) and Phyllostomidae (13%). The bat families behaved differently in terms of seasonal and spatial patterns. The distribution of bats varied geographically in the urban environment, with Molossidae and Phyllostomidae being observed downtown and Vespertilionidae being observed in peripheral zones. Concurrently, a significant relative risk of RABV infection was observed downtown for Vespertilionidae and in peripheral zones for Molossidae. No RABV-positive sample clusters were observed. As a result of the official declaration of RABV-free areas in southern Brazil, mass dog and cat vaccinations are expected to halt in the near future. This stoppage would make most dog and cat populations susceptible to other RABV lineages, such as those maintained by non-haematophagous bats. In this scenario, all information available on bats and RABV distribution in urban areas is essential. Currently, few studies have been conducted. Some local health authorities, such as that in Campinas, are spontaneously basing their surveillance efforts on bat rabies, which is the alternative in reality scenario of increased susceptibility to bat-associated RABV that is developing in Brazil.
Probabilistic logic over equations and domain restrictions
Authors: Mordido Andreia , Caleiro Carlos
Published: March 2019

We propose and study a probabilistic logic over an algebraic basis, including equations and domain restrictions. The logic combines aspects from classical logic and equational logic with an exogenous approach to quantitative probabilistic reasoning. We present a sound and weakly complete axiomatization for the logic, parameterized by an equational specification of the algebraic basis coupled with the intended domain restrictions.We show that the satisfiability problem for the logic is decidable, under the assumption that its algebraic basis is given by means of a convergent rewriting system, and, additionally, that the axiomatization of domain restrictions enjoys a suitable subterm property. For this purpose, we provide a polynomial reduction to Satisfiability Modulo Theories. As a consequence, we get that validity in the logic is also decidable. Furthermore, under the assumption that the rewriting system that defines the equational basis underlying the logic is also subterm convergent, we show that the resulting satisfiability problem is NP-complete, and thus the validity problem is coNP-complete.We test the logic with meaningful examples in information security, namely by verifying and estimating the probability of the existence of offline guessing attacks to cryptographic protocols.
“Geographies of Peoples”: Scientific Racialism and Labor Internationalism in Gilded Age American Socialism
Authors: Costaguta Lorenzo
Published: March 2019

This article investigates ideas of race in Gilded Age socialism by analyzing the intellectual production of the leaders of the Socialist Party of America (SLP) from 1876 to 1882. Existing scholarship on socialism and race during the Gilded Age and the Progressive Era rarely addresses socialist conceptions of race prior to 1901 and fails to recognize the centrality of scientific racialism and Darwinism in influencing socialist thought. By positioning American socialism within a transatlantic scenario and reconstructing how the immigrant origins of Gilded Age socialists influenced their perceptions of race, this article argues that scientific racialism and Darwinism competed with color-blind internationalism in shaping the racial policies of the SLP during the Gilded Age. Moreover, a transatlantic investigation of American socialist ideas of race presents a reinterpretation of the early phases of the history of the SLP and addresses its historical legacies. While advocates of scientific racialism and Darwinism determined the racial policies of the SLP in the 1880s, color-blind internationalists abandoned the party and extended their influence beyond organized socialism, especially in the Knights of Labor.
A multi-layer approach of orthogonally fed circularly polarized microstrip array antenna for enhanced gain
Authors: Rahman Muhammad Asad , Nishiyama Eisuke , Hossain Md. Azad , Hossain Quazi Delware , Toyoda Ichihiko
Published: March 2019

A new circularly polarized microstrip array antenna using the orthogonal feed technique is proposed in this paper. The antenna has a multi-layer structure and a new 3-way power divider employing the both-sided microwave integrated circuit technology is designed to configure the feed network of the array. Circular polarization (CP) is realized by creating a quadrature phase difference between orthogonal feed circuits of the patches. The multi-layer structure gives flexibility to adjust the patch spacing that helps to reduce the sidelobe level of the antenna. It is found that the multi-layer structure exhibits a gain of about 2 dB higher than that of a single layer structure by means of sidelobe reduction. The proposed structure also exhibits good CP performances that are verified by a good agreement of measured and simulated results. Simple and compact structure makes the antenna suitable for various wireless applications.
The Decisions No. 348 and 349/2007 of the Italian Constitutional Court: The Efficacy of the European Convention in the Italian Legal System.
Authors: Dal Monte Francesca Biondi , Fontanelli Filippo
Published: March 2019

For the first time, national provisions governing the quantification of respective compensation amounts due for public purposes expropriation and for unlawful expropriation were declared unconstitutional by the Italian Constitutional Court's decisions No. 348 and 349, issued on 24 October 2007, because they were in contrast with the international obligations stated in Protocol 1 of the European Convention of Human Rights (hereinafter the “ECvHR”), Article 1.
Liability of the Managing Director and the Shareholder in the GmbH (Private Limited Company) in Crisis
Authors: Casper Matthias
Published: March 2019

The insolvency of a company does not arrive suddenly. Normally, insolvency precedes a crisis. At present, the term “crisis” is defined in § 32 a sec. 1 of theGesetz betreffend die Gesellschaften mit Beschränkter Haftung(GmbHG – Private Limited Companies Act) as the point when the company does not receive any credits according to the usual conditions in the particular market and when the shareholders provide the company with further shareholder capital instead of debt capital. Besides the rules governing shareholder capital substitution, which will be omitted due to the upcoming reform of private limited companies, there are few legal guidelines that regulate the standards of conduct for managing directors and shareholders in the case of a crisis. In particular, § 49 sec. 3 GmbHG needs to be singled out. This paragraph establishes an obligation to call a shareholder meeting if more than half of the capital stock is lost. If an adverse balance arises because of the payouts to the shareholders, the protections of §§ 30, 31 GmbHG will intervene. An adverse balance results when there is insufficient capital to cover the liabilities, ownership's equity, and guaranteed capital. However these protections often do not suffice.
The Acquisition of GmbH Shares in Good Faith
Authors: Altgen Christian
Published: March 2019

It can take a lifetime from the recognition of a legal problem until it is finally solved. Seventy-nine years after Walter Grau focused attention on gaps in the security of transactions of Gesellschaft mit beschränkter Haftung (GmbH – private limited company) shares, the GmbH reform intends to solve the problem. Until this reform, a prospective buyer of a GmbH share ran the risk that the person transferring the share was, in fact, not the true shareholder and, thus, had no power to assign the share. While the former law did not provide for a bona fide acquisition, the new § 16 (3) of the Gesetz betreffend die Gesellschaften mit beschränkter Haftung (GmbHG – Private Limited Companies Act) protects the true shareholder while also taking into account the buyer's reliance upon the transferor, considering him or her to be the shareholder. This little revolution results in a new kind of good faith acquisition that mixes different elements of “traditional” bona fide rules and adds new details.
The European Approach to the Protection of Trafficking Victims: The Council of Europe Convention, the EU Directive, and the Italian Experience
Authors: Raffaelli Rosa
Published: March 2019

The aim of this article is to analyze the European approach to the protection of trafficking victims and evaluate its potential for success. In light of the Italian experience, I will try to demonstrate that the protection offered by European law is too narrow, and therefore bound to be ineffective. I also endeavor to show that offering protection to all trafficked persons, independent of their willingness to cooperate with the justice authorities, is necessary in order to protect the victims human rights, and also to ensure the full implementation of criminal law.
Law and Learning in an Era of Globalization
Authors: Arthurs Harry W.
Published: March 2019

The optimists amongst us assume that human hands — our hands — shape legal education, that legal education shapes the law, and that law shapes the world. The pessimists contend that the process works in reverse, that the forces of political economy ultimately have their way with law as a system of social ordering, as a cultural phenomenon and an intellectual enterprise, and as the subject or object of study in law schools. I am a pessimist by nature, so I will begin on a pessimistic note. However, I am trying to overcome my nature, so I will end on what, for me, is an optimistic one.
ICT in Legal Education
Authors: Muntjewerff Antoinette J.
Published: March 2019

The Bologna Declaration (1999) started a process of reforming European higher education. The major aim of the declaration was to construct a single European Higher Education Area by 2010,

“‥through increased compatibility and comparability of higher education systems in order to facilitate internal mobility for students, graduates and higher education institution staff members, but also to make European higher education more recognisable and attractive to students and scholars from outside Europe.”
Reflections on U.S. Law Curricular Reform
Authors: Fine Toni M.
Published: March 2019

There has not been dramatic reform to legal education for many years. Although changes to the way we train students to be lawyers certainly have been made in the past decades, there has not been occasion to fundamentally re-think the process for educating lawyers.
Global Anti-Corruption Regimes: Why law schools may want to take a multi-jurisdictional approach
Authors: von Rosenvinge D. Alison
Published: March 2019

In the last fifteen years, the legal fight against bribery and corruption has evolved from the solitary effort of the United States with its Foreign Corrupt Practices Act (FCPA), 15 U.S.C. §§ 78 et seq., to a global legal endeavor. During the same period of time, corporations have become increasingly engaged in transnational deals that require them to understand their obligations under a web of anti-corruption regulations. The stakes for businesses are high: fines can range in the tens of millions of dollars and individuals found guilty of corruption may be imprisoned for life.
Student Participation in Legal Education in Germany and Europe
Authors: Rieder Lisa , Hamann Hanjo
Published: March 2019

In Germany, the possibilities of students to participate in and contribute to legal education are generally quite limited. Compared to the legal education systems in the USA and Canada, the course of studies is rather theoretical and quite anonymous. Communication between students, faculty staff and deans is rare, and classes are fairly big. As to the abstractness of the curriculum, several changes have been made to improve the situation. For example, a reform in 2003 was supposed to increase foreign language competence and provide for more specialization and practical relevance. However, the system can still (or again) be considered to be “under construction”. Many important skills are not being taught, and the awareness of the international, social and cultural contexts is largely neglected or lacking reference to the subject matter. There is an ongoing debate about further changes to the legal educational systems especially about the adoption of the Bologna Process. While some consider it inapplicable to the German system, others have already started transferring it at their university. Several federal states have meanwhile started endorsing a basic reform. However the next rulings will not be until 2011. Presently scholars, policy-makers in the field of education and economists face the challenge of devising strategies for legal education that meet the needs and interests of all “stakeholders” while being compatible with the traditional German system. Students are curious and concerned about the future of their curriculum. Their means of participation include a) passively evaluating teachings, b) actively engaging in a student parliament or self-governed student councils of a special field (so-called Fachschaften) and c) actively involving in student organizations.
Judicial Restraint and the Return to Openness: The Decision of the German Federal Constitutional Court on the ESM and the Fiscal Treaty of 12 September 2012
Authors: Wendel Mattias
Published: March 2019

Sometimes less is more. Hence, it is not necessarily bad news if a judgment on a matter of fundamental public interest does not meet public expectations. And it certainly was not bad news that the judgment of the German Federal Constitutional Court of 12 September 2012 on the European Stability Mechanism (ESM) and the Fiscal Treaty did not meet the exaggerated public expectations that had been fuelled by an unprecedented media-hype.
Bioethics, Biolaw, Biopolitics: Conference Report on a Contextualization
Authors: Groth Lena
Published: March 2019

In contrast to other legal systems, interdisciplinarity of German jurisprudence lags behind; interdisciplinary approaches to legal theory and regulation are not as common in Germany as, for example, in the US with its various, well-established “Law and…” approaches. However, the following report draws attention to important interdisciplinary developments in one of the most challenging legal areas - biolaw.
EU Law, Politics, and the Social Question
Authors: de Witte Floris
Published: March 2019

This contribution analyzes how the process of European integration has affected the capacity of citizens to collectively decide on the “social question,” that is, on the distribution of resources and life chances between individuals in a society. It starts by highlighting the pivotal role of “the political” in any answer to such question (B); generally traces the demise of this role under the pressures of globalization, legal integration, and the sovereign debt crisis (C); and suggests that law has been an important instrument for the lifting of the social question outside the scope of political contestation. This contribution then briefly catalogues different alternatives that can serve to reappropriate the social question within the realm of politics, argues that our priority should lie in the formation of a transnational public sphere, and suggests that EU law can, in several ways, contribute towards, if not fully deliver, a return of authorship and ownership about how societies function to the citizen (D).
A Grammar of Public Law
Authors: Gee Graham , Webber Grégoire
Published: March 2019

The dominant grammar of public law is a product of abstraction that, at times, overemphasizes certainty and simplicity in a search for systematic coherence within the constitution, even where none exists. In contrast, a concern for and with political and legal practice invites a more tentative and exacting grammar, one that necessitates further questioning, resists generalities and appeals instead to a language of “more or less” and “in one sense but not in another” as part of our public law discourse. We seek a practice-oriented grammar that encourages public lawyers to think and to speak politically about the constitution. We draw on works of prominent political constitutionalists to show how they have had varying degrees of success in nurturing a more practice-oriented grammar of public law.
Whose Political Constitution? Citizens and Referendums
Authors: Tierney Stephen
Published: March 2019

One notable feature about the debate between “liberal” and “political” constitutionalism has been its elite focus. The courts and the legislature are discussed in efforts to determine the appropriate role of each in processes of constitution-framing and changing. But this task is often set up implicitly as a zero-sum game. Although it might be claimed that citizens are tangentially relevant to this power struggle, a detailed account of whether citizens should, and how they might, play a direct role in constitutional authorship is seldom, if ever, placed on the table. This paper considers the elite orientation of this debate, questioning whether this is in normative terms acceptable, and in empirical terms credible, particularly as we consider how, over the past three decades, the referendum has emerged as an important vehicle for constitutional change in so many states.
What's Left of the Political Constitution?
Authors: Tomkins Adam
Published: March 2019

This paper argues that we should move on from what has become a rather outdated contrast between the political constitution and the legal constitution. Taking as its focus the constitution of the United Kingdom, the paper analyzes the contemporary constitutional order as a mixed system of politics and law combined. It argues that such a mix may be a more compelling and attractive system than either the model of the political constitution or that of the legal constitution.
Contracting in the Internet: German Contract Law and Internet Auctions
Authors: Zumbansen Peer
Published: March 2019

Suggested Citation: Peer Zumbansen, Contracting in the Internet: German Contract Law and Internet Auctions, 2 German Law Journal (2001), available at http://www.germanlawjournal.com/index.php?pageID=11&artID=65 “One Click, one buy, delivery within 48 hours”. Similar offers for goods of all kinds are common to the internet today. And yet, there is a great number of intricate problems involved with doing business in the internet. The uncertainties of doing business online have prompted an abundance on legislation, both on the European as well as the national level. Still, when turning to the courts for a clear doctrine of, say, the conclusion of contracts in the internet, there remains a considerable void. Cases addressing the question whether the fundamental contract rules apply to internet transactions have generally answered in the affirmative. But when the particularities of contractual governance in the internet are involved, the jurisprudence grows thin. In this respect two recent decisions by lower Courts in Germany that deal with the question of internet-auctions, merit closer attention. The Landgericht Münster's (Regional Court of the city Münster) ruling from the beginning of last year provoked considerable irritation and thereby illuminated how much the field remained in need of intensive judicial attention. In the same time period, the Amtsgericht Sinsheim (Local Court of the city Sinsheim) had simply affirmed conclusion of contract through an onlineauction in a similar case. The decision of the Münster Court was recently overruled by the Oberlandesgericht Hamm (OLG [Higher Regional Court in the city Hamm]). The appeal of the OLG Hamm decision to the Bundesgerichtshof (BGH [Federal Court of Justice]) is still pending. Because of their importance to the rapidly growing internet market place and the largely unresolved questions regarding contract law in that realm, the Landgericht Münster and OLG Hamm decisions merit attention, especially in anticipation of the BGH's ruling on the issues they raise.
Report on Germany by the European Commission against Racism and Intolerance (ECRI)
Authors: Schorkopf Frank
Published: March 2019

The Council of Europe on July 3, 2001, released the Second Report on Germany prepared by its European Commission against Racism and Intolerance (ECRI). (1) ECRI is a mechanism to combat racism, xenophobia, antisemitism and intolerance that was established by the Heads of State and Government of the Member States of the Council of Europe at their Summit in Vienna on October 9, 1993, and improved during the Strasbourg Summit held on October 10–11, 1997.
Framing the Debate over the German Immigration Bill: Toward Reasoned Policymaking
Authors: MacLaren Malcolm
Published: March 2019

At the best of times, the issue of immigration is sensitive and related debate heated. At times such as these, it cannot be expected to be handled sensibly. The decision of the German Interior Minister following the terrorist attacks in the United States not to submit proposed immigration legislation to Cabinet on September 26 was, from this perspective alone, wise. Historical examples of the mistakes in policymaking that can result from deficient democratic discourse are legion and are most commonly made during times of political crisis. Unfortunately, the resultant mistakes may be thereby all the graver, as the policies concern issues of fundamental national importance.
A Chamber of the Federal Constitutional Court Endorses Private Dentists' Information Service and Directory Within the Framework of the Right to Occupational Freedom
Authors: Hestermeyer Holger
Published: March 2019

The Bundesverfassungsgericht (Federal Constitutional Court) has repeatedly had to deal with regulation of the medical professions. (1) The frequency of decisions in this area result from the clash between two fundamental values: One is the constitutionally recognized “occupational freedom” (Art. 12 I GG), the other is the health of the population, which justifies the numerous regulations for the medical professions. (2) A recent decision of the Second (Three-Judge) Chamber of the First Senate of the Federal Constitutional Court (BVerfG 1 BvR 881/00 — decided on October 18, 2001) is a further instance of this conflict.
Who is Afraid of the Total Constitution? Constitutional Rights as Principles and the Constitutionalization of Private Law
Authors: Kumm Mattias
Published: March 2019

In 1931 Carl Schmitt published an article titled “the turn to the total state.” The total state that Schmitt describes is not yet a totalitarian state. Germany is still a liberal democracy and the Weimar Constitution is still the supreme law of the land. But the total state Schmitt describes is a state in which the traditional lines between the sphere in which the private law society governs itself and the sphere of state intervention, or the public domain, have been undermined. According to Schmitt, the pluralistic forces of civil society have captured the state and made it an instrument to serve their purposes. Everything is up for grabs politically. It is a state of political mobilization and deep ideological conflict, reflected in the plurality of deeply divided political parties in parliament. It is possible to distinguish between three features, which together illustrate the total prevalence of politics over law underlying “the turn to the total state.”
Gustav Radbruch and Hermann Kantorowicz: Two Friends and a Book - Reflections on Gnaeus Flavius’Der Kampf um die Rechtswissenschaft(1906)
Authors: Carter Frank Kantorowicz
Published: March 2019

Gustav Lambert Radbruch (1878-1949) and Hermann Kantorowicz (1877-1940) were undoubtedly two of the greatest legal scholars in Germany in the first half of the twentieth century; for some of this time arguablythegreatest. It is a happy coincidence that they both attended the seminar of the criminologist Franz von Liszt in Berlin at the same time in 1903. Although very different in temperament and not always in agreement, they were immediately drawn to each other, highly respectful of each other's undoubted intellect, never jealous of the other's achievements but always altruistically supportive. Though together for only four months initially, they maintained regular contact through letters and quickly forged a close and life long friendship.
Living with the Bologna Process: Recommendations to the German Legal Education Community from a U.S. Perspective
Authors: Terry Laurel S.
Published: March 2019

The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community. In order to understand these reflections and recommendations, one needs a certain amount of background information about both the Bologna Process and German legal education. The sections that follow provide that background.
The Last Treatise: Project and Person. (Reflections on Martti Koskenniemi's From Apology to Utopia)
Authors: Kennedy David
Published: March 2019

Martti Koskenniemi's From Apology to Utopia is the most significant late 20th century English language monograph in the field of international law, and it is terrific to see it re-issued. The book offers a comprehensive reinterpretation of the doctrinal materials and intellectual history of the discipline. It became an instant classic in the analysis of law's rhetorical structures, and it could well turn out to have been the last great original treatise in the international law field. It both synthesized the materials and demonstrated the impossibility of their being synthesized in a stable and intellectually coherent fashion. The treat in this re-issued edition is Martti's new epilogue. In it, he reflects on what he was seeking to achieve in ways that will open the text to new readings while remaining, I think, true to the spirit of the initial project.
Ethnic Party Bans In Africa: A Research Agenda
Authors: Basedau Matthias , Bogaards Matthijs , Hartmann Christof , Niesen Peter
Published: March 2019

The wave of democratization that has engulfed African countries since the 1980s has been characterized by the establishment of or return to multi-party politics. This has mostly happened in political systems with a long history of de facto and de jure constraints on the ability of political parties to function effectively. While few countries today (examples include Eritrea and Swaziland) continue to deny the principle and legitimacy of a pluralistic organization of political associations and parties, many political parties in “new democracies” still face insurmountable obstacles in creating a level playing field and have to cope with legal and administrative provisions that severely restrict their free operation.
The Application of the Margin of Appreciation Doctrine in Freedom of Expression and Public Morality Cases
Authors: Bakircioglu Onder
Published: March 2019

“Margin of appreciation” refers to the power of a Contracting State in assessing the factual circumstances, and in applying the provisions envisaged in international human rights instruments. Margin of appreciation is based on the notion that each society is entitled to certain latitude in balancing individual rights and national interests, as well as in resolving conflicts that emerge as a result of diverse moral convictions. In this regard, the doctrine is analogous to the concept of judicial discretion, where a judge, in line with certain constraints prescribed by legislation, precedent or custom, could decide a case within a range of possible solutions. The role of discretion is indispensable not only for bridging the gap between the law and changing realities of dynamic social organisms, but also for answering the particular questions of a given case in the absence of overall enacted or case law. In other words, judges are entitled to exercise discretion to make fair decisions in a specific case, without being locked into a formula that might not be applicable to every scenario.
Networks in Public Law
Authors: Boysen Sigrid , Bühring Ferry , Franzius Claudio , Herbst Tobias , Kötter Matthias , Kreutz Anita , von Lewinski Kai , Meinel Florian , Nolte Jakob , Schönrock Sabrina
Published: March 2019

Why should public law be concerned with networks? What is the point of taking up a concept that does not originate from a legal context? What is the appeal of this topic? Perhaps the concept describes certain “basic structures of post-nation society”, thus questioning traditional central categories of public law; certainly, it has a certain modernistic charm. Public law, however, has thus far not succumbed to that charm. This is understandable. Dealing with networks is frequently based on an affect against hierarchical structures that favours spontaneous coordination solutions and their legitimacy through output. In jurisprudence, this effect is met more often than not with suspicion. This suspicion stems from a number of objections.
Name Changes as Symbolic Reparation after Transition: the Examples of Germany and South Africa
Authors: Swart Mia
Published: March 2019

Almost half of all Holocaust victims remain nameless statistics. Just over three million names of Jewish Holocaust victims are known today, representing little more than half of the victims. It is estimated that when all names are retrieved from published and unpublished documents the total number may rise to four million, which leaves two million unknown names. Since memory is closely connected to the identity symbolized by a name, those who cannot be named cannot be remembered. To retrieve a name is to rescue a person from oblivion.
Free Movement v. Social Rights in an Enlarged Union - theLavalandVikingCases before the ECJ
Authors: Reich Norbert
Published: March 2019

The two reference cases considered here concern the compatibility with EU law of industrial disputes and collective actions against EU companies exercising their free movement rights. The Swedish case, under a reference of theArbetsdomstolen(Swedish Labour Court) of 15 September 2005 in litigation betweenLaval un Partneri Ltd(hereafter ‘Laval’)v. Svenska Byggnadsarbetareförbundet, Avdelning 1 of the Svenska Byggnadsarbetareförbundet, Svenska Elektrikerförbundet(in the material that follows, ‘Bygnadds’) and others concerns the question of whether an industrial action of Swedish labour unions against a Latvian company that wanted to perform a work contract under Swedish procurement rules through the use of posted Latvian workers falls under the ‘freedom to provide service’ rules of Article 49 EC and, if this is the case, whether this action can be justified either under the posted workers directive, 96/71/EEC, or under a specific Swedish law exempting labour unions from liability in taking action against foreign-based companies (the so-called Lex Britannia; see sections E.I and H.II below).
Bodies Without Words: Against the Biopolitical Tatoo
Authors: Agamben Giorgio
Published: March 2019

I have read in the newspapers that foreign citizens, when travelling to the United States on a Visa, will undergo a data registration and have their fingerprints taken. Not willing to submit myself to this treatment, I decided therefore to cancel my guest lectures at New York University for March 2004. At this time, I would like to provide reasons for my decision – a decision that I find necessary and unavoidable in spite of my sympathies for American students and professors with whom I have for many years felt connected both in friendship and professional life. This is a decision that I would hope to be adopted also by other European Intellectuals and Teachers.
The E.U.'s Definition of Terrorism: The Council Framework Decision on Combating Terrorism
Authors: Dumitriu Eugenia
Published: March 2019

Terrorist acts have, for a long time, constituted a major concern for the international community. Yet the definition of terrorism has represented an area of international law where the divergence of views between States was significant. For some, the protection of the State and of the democratic values of the society laid at the heart of the debate, whereas others were more concerned with the risk of an unjustified repression of “freedom fighters.” These approaches, although apparently complementary, have proved to be irreconcilable in practice. At the United Nations’ level, this division of the international community prevented the emergence of a consensus over a horizontal definition of terrorism. This situation,-paradoxically did not impede the adoption of several international conventions dealing with specific aspects or forms of terrorism as well as of multiple resolutions on this issue.
The European Constitutional Treaty: An Analysis
Authors: Fabio Udo Di
Published: March 2019

The European Union takes on a new look. The Constitutional Treaty, which was agreed by the heads of State or Government on 18 June 2004, will, admittedly, not reinvent Europe, but it will establish a new foundation for Europe. It is true that originally the Constitutional Treaty was only supposed to improve Europe's legal bases and to make the European idea and the institutions of the European Union more accessible to the citizens. However, through the concept of a Constitution alone, the Constitutional Treaty has created a vigorous political impulse, and has marked a new level of Europe's identity. The use of the term “Constitution,” however, also gives rise to ideas, hopes and fears that in some cases need to be corrected.
Corporate Groups: Competences of the Shareholders’ Meeting and Minority Protection – the German Federal Court of Justice's recentGelatineandMacrotronCases Redefine theHolzmüllerDoctrine
Authors: Löbbe Marc
Published: March 2019

There are few cases in the law of corporate groups that have provoked as much interest, applause and critique as theHolzmüllerdecision of the Federal Supreme Court. On February 25, 1982, the 2ndZivilsenat(Chamber of civil cases) of theBundesgerichtshof(BGH – Federal Court of Justice), the highest court with assigned competences for company law, adopted what would later be known as theHolzmüllerdoctrine. Since then theHolzmüllercase has influenced the course of countless shareholders’ meetings, been relied on in numerous shareholder actions and has initiated intensive academical as well as practical debate. What is it all about? At the core,Holzmüllerdeals with the balance of power between theHauptversammlung(shareholders’ meeting) and theVorstand(board of directors) of a GermanAktiengesellschaft(AG – stock corporation) within the context of corporate groups. Practically, the protection of minority shareholders of a corporate group's parent company is a major underlying issue.
Risk Assessment in the European Food Safety Regulation: Who is to Decide Whose Science is Better?Commission v. Franceand Beyond…
Authors: Szawlowska Karolina
Published: March 2019

The outbreak of bovine spongiform encephalopathy (hereinafter BSE) in Europe has brought about serious tensions and fears – not only among consumers, but also among the national and European authorities responsible for risk management. Faced with the incapacity of the existing system to control the situation, on the one hand, and the need to restore consumers’ confidence on the other, the EU and national regulators felt obliged to repair the weaknesses as soon as possible. However, remedial actions undertaken at the time of the BSE crisis were not always the product of thorough consultations and they were often not well coordinated. Thus, they became a source of disagreement among the various actors in play. The caseCommission v. France, which I will examine more closely in this paper, illustrates such a conflict among the national and European scientific authorities. The judgment was delivered in 2001, but the problem of the successful integration of science into the regulatory decision-making process of the EU still remains unsettled. In this paper I will present suggestions as to how the situation could be influenced by the outcomes of recent reforms of European food safety law and the establishment of the European Food Safety Authority.
White Knights On Chargers: Using The US Approach To Promote Roma Rights In Europe?
Authors: Goodwin Morag
Published: March 2019

North Carolina has, like most American states, played its (not always positive) part in the struggle against what Clinton, back in 1997 when the U.S. had more domestic concerns on its mind, called “America's constant curse”. But racial discrimination is not, of course, simply America's curse. Europe, for all its self-righteousness of late, has certainly not escaped it. Despite the prevalence of racial discrimination right across the geographic expression of Europe, this paper shall concentrate on a particular set of countries – those termed Central and Eastern Europe – and on a particular group – the Roma, widely acknowledged as the most marginalised and discriminated in Europe today.
Can Criminal Prosecution be the Answer to massive Human Rights Violations?
Authors: Safferling Christoph J.M.
Published: March 2019

Almost 60 years after the surviving Nazi-leaders were tried in the first ever international criminal tribunal for mass atrocities during World War II in Nuremberg, criminal responsibility for genocide, crimes against humanity, and war crimes is perceived of as somewhat normal. Even if it is not yet an everyday event that human rights abusers are tried on an international level, the reality of the possibility of such a trial is present in the minds of the attentive public. This change was achieved over the last ten years. The establishing of the Yugoslavia-tribunal in 1993 was the turning point. Since then a number of both national and international trials held against human rights criminals has given the topic high priority. Finally the International Criminal Court (ICC) was founded and after a comparatively short time actually established and put in a position to operate. Sierra Leone relies on criminal prosecution in order to rebuild its society after a distracted and bloody civil war and a trial against Saddam Hussein seems a necessity. Many expectations are connected to criminal law and the working of the ICC. The dream of a world-wide justice, i.e. to attribute “just desert” to the offenders and to do justice to the victims, seems to have become reality. At the same time the establishing of an international criminal court is understood as a signal that will deter future offenders from committing human rights atrocities. The paper of Alexandra Kemmerer gives proof of how optimistically the EU promotes the idea of international criminal justice.
Derrida's Last Conference
Authors: Nigro Rachel
Published: March 2019

Derrida's death caused a surprising reaction in the media, being responsible for a great number of articles, commentaries and announcements. It seems that now, with his death, one of his inventions – the most famous and misinterpreted one which is widely used to define his philosophical style and which is known as “deconstruction” – has finally been understood. Fortunately, in the most respected newspapers in Brasil, articles with a good survey of Derrida's work were published not only by journalists but also by literary critics, economists, lawyers and psychoanalists. But, unfortunately, the philosophers, or the ones that call themselves philosophers, seem to have insisted on ignoring the fertility of his thoughts.