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Articles 1 - 18 of 18
Full-Text Articles in Law
The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman
The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman
Pepperdine Law Review
No abstract provided.
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
The Supreme Labor Court In Nazi Germany: A Jurisprudential Analysis, Marc Linder
The Supreme Labor Court In Nazi Germany: A Jurisprudential Analysis, Marc Linder
Marc Linder
No abstract provided.
Thoughts On The German Constitutional Court Decision On The Esm, Richard Stith
Thoughts On The German Constitutional Court Decision On The Esm, Richard Stith
Law Faculty Publications
No abstract provided.
Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner
Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner
Lowell Turner
[Excerpt] We know that we need labor law reform. But it is also clear that this is not all we need; nor can we expect to achieve legal reform simply by electing Democrats. That strategy did not work in 1978-79 or in 1993-94, and it will not work in the future. In the face of inevitably powerful and well-organized business opposition, even the most well-financed and articulate lobbying campaign for labor law reform can fail. What was missing in 1978-79 and in 1993-94 and is urgently needed now is the pressure of a massive social movement, mobilized to transform and …
Moral Hazard Within The Greek Economic Crisis: An Analysis Of European Union Law Effectiveness In Dealing With The Greek Economic Crisis, Juan Castro, Juan Castro
Moral Hazard Within The Greek Economic Crisis: An Analysis Of European Union Law Effectiveness In Dealing With The Greek Economic Crisis, Juan Castro, Juan Castro
Juan Castro
In this paper I will present the historical background of the current Greek economic crisis. I will delve into the causes of the fiscal and current-account deficits since Greece’s euro entry in 2001. In addition to the economic and financial information provided, I will also present cultural aspects and differences between Greece and its surrounding neighbors, primarily Germany, and how moral hazard has exacerbated the conflict. Further I will discuss the legality of the countermeasures and solutions presented and how these encroach upon European Union law treaties. Lastly I will conclude that in order for Greece and Germany to stabilize …
Die Frauen, Der Strafvollzug, Und Der Staat: Incarceration And Ideology In Post-Wwii Germany, Andrea Moody Kozak
Die Frauen, Der Strafvollzug, Und Der Staat: Incarceration And Ideology In Post-Wwii Germany, Andrea Moody Kozak
Scripps Senior Theses
This thesis explores how the material reality of Germany's women's prisons has been largely determined by their ideological foundations, and by the historical developments that have produced these ideologies. The German women's prison system is complex and imperfect, yet in many ways very progressive. It is the result of the last sixty years of tumultuous German history, and has been uniquely shaped by the capitalist and communist histories of the once-divided state. In its current state, it seems to have incorporated elements of a supposedly “rational” or individualistic conception of humanity as well as one that is relational and interdependent, …
Relazioni Industriali Europee E Il Caso Italiano, Michele Faioli
Relazioni Industriali Europee E Il Caso Italiano, Michele Faioli
Michele Faioli
No abstract provided.
‘They Won't Work!’ - Efficacy Of An Active Labor Market Policy From The Perspective Of Psychology, Marco Meissner
‘They Won't Work!’ - Efficacy Of An Active Labor Market Policy From The Perspective Of Psychology, Marco Meissner
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Law – Made In Germany: Global Standort Or Global Standard?, James Maxeiner
Law – Made In Germany: Global Standort Or Global Standard?, James Maxeiner
All Faculty Scholarship
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 purpose of the Bündnis, as stated at its founding in 2008, and of the brochure, is to improve the position of German law in the ― "international competition of legal systems" (internationalen Wettbewerb der Rechtsordnungen). Catalyst for founding of the Bündnis and for publication of Law - Made in Germany …
Bridge Banks: Detox Tools For A Melted Economy, Gabriela Steier
Bridge Banks: Detox Tools For A Melted Economy, Gabriela Steier
Gabriela Steier
This paper compares the fragmented three-pillar banking system in Germany to the banking system in the U.S. and suggests an amendment to 12 U.S.C.A. § 1821(n), the bridge bank statute, to make some fragmentation of the financial sector in the U.S. possible. This paper is the first of its kind and explains why the German bad bank prototype works within the fragmented three-pillars of banking. The three pillars of banking in Germany are (1) Savings Banks (Sparkassen), (2) Private Commercial Banks (Kreditbanken, Genossenschaftsbanken), and (3) Public and Cooperative Credit Institutions (Volks- and Raiffeisenbanken). The resulting fragmented banking system is more …
Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner
Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner
All Faculty Scholarship
Americans are taking new interest in legal reasoning. Thinking Like a Lawyer: A New Introduction to Legal Reasoning by Professor Frederick Schauer suggests why. According to Schauer, American legal methods often require decision-makers “to do something other than the right thing.” There has got to be a better way.
Now comes a book that offers Americans opportunities to look into a world where legal methods help decision-makers do the right thing. According to Reinhard Zippelius in his newly published Introduction to German Legal Methods, German legal methods help decision makers resolve legal problems “in a just and equitable manner.”
This …
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
Articles
Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …
Contingent Capital In European Union Bank Restructuring, Christoph K. Henkel, Wulf A. Kaal
Contingent Capital In European Union Bank Restructuring, Christoph K. Henkel, Wulf A. Kaal
Northwestern Journal of International Law & Business
The uncoordinated reorganization and resolution of Systemically Important Financial Institutions in different countries pose many challenges. Contingent capital provides a viable alternative for the efficient restructuring and resolution of failing financial institutions. Contingent Capital provides a mechanism for internalizing banks’ failure costs and helps return distressed financial institutions to solvency. This article offers a comparative perspective on bank resolution and restructuring in the European Union, Switzerland, the United Kingdom and Germany and shows that Contingent Capital could play a substantial role in bank restructuring.
Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner
Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner
Faculty Journal Articles and Book Chapters
One of the most controversial uses of prosecutorial discretion in plea bargaining concerns cases involving weak evidence of guilt. When a prosecutor bargains about the charges or even the facts in a case with weak evidence, at least three problems may arise. First, if the charge bargain is generous, it may coerce an innocent defendant to plead guilty. Second, such a bargain may let a guilty defendant off too easily, thus disserving the public and victim’s interests. Third, if the parties bargain about the facts, the result may distort the truth of the case.
In this book chapter, I examine …
Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio
Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio
Law Faculty Articles and Essays
The Soviet secret police murdered thousands of Poles near the Katyn Forest, just outside the Russian city of Smolensk, in the early spring of 1940. The Soviets targeted members of the Polish intelligentsia-military officers, doctors, engineers, police officers, and teachers-which Stalin, the Soviet leader, sought to eradicate preventively. At the start of World War II, the Soviet Union viewed Poland as attractive territory, to be conquered and potentially annexed after the war. The Katyn massacre was not discovered until 1943, by the Germans, who instantly blamed the Soviets. The latter, however, blamed the Germans, and the Western Allies begrudgingly accepted …
Katyn: Justice Delayed Or Justice Denied - Report Of The Cleveland Experts' Meeting, Michael P. Scharf, Maria Szonert-Binienda
Katyn: Justice Delayed Or Justice Denied - Report Of The Cleveland Experts' Meeting, Michael P. Scharf, Maria Szonert-Binienda
Case Western Reserve Journal of International Law
Report of an Experts' Meeting on the Katyn Massacre.
Mass Murderers Discover Mass Murder: The Germans And Katyn, 1943, Kenneth F. Ledford
Mass Murderers Discover Mass Murder: The Germans And Katyn, 1943, Kenneth F. Ledford
Case Western Reserve Journal of International Law
No abstract provided.