European Law Commons^™

Convergence Of Competition Law And Constitutional Rights: A Comparative Study Of The Whatsapp (India) And Facebook (Germany) Cases, Anush Ganesh, Krusha Bhatt

Yearbook of Antitrust and Regulatory Studies

As society advances toward a digital economy with increasing dependence on internet-based services, data has attained prominence as an essential currency supporting market power. This paper examines the emerging jurisprudence on excessive data collection by dominant digital platforms, comparing approaches developed in India and the European Union. The Indian approach, exemplified by the WhatsApp Privacy (2025) decision, integrates competition law with constitutional protections, particularly the right to privacy under Article 21 of the Indian Constitution. Meanwhile, the European approach, crystallized in the Facebook Germany case, integrates competition law with data protection principles enshrined in the General Data Protection Regulation (GDPR). …

Changes In Revenues Associated With Antimicrobial Reimbursement Reforms In Germany, Matt Mcenany, Kevin Outterson

Faculty Scholarship

Policy declarations from the G7 and other high-level meetings call for increased incentives for antimicrobial research and development (R&D). Governments fund push incentives like CARB-X and GARDP, and G7 countries are now designing pull incentives—financial rewards given to manufacturers post-market authorization that are intended to encourage the creation and introduction of novel antimicrobials. Germany has declared previously at the G7 that it has developed a pull incentive that will increase revenues from sales of important new antimicrobials, principally by exempting them from some aspects of health technology benefit assessments and reference pricing, which should result in higher prices. This policy …

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …

Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy

Georgia Journal of International & Comparative Law

No abstract provided.

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …

Commercial Arbitration: Germany And The United States, Jill I. Gross, Christian Duve

Elisabeth Haub School of Law Faculty Publications

Arbitration has deep roots in the legal cultures of the United States and Germany--and is still an important option for resolving disputes in both countries today. As far back as Colonial times, US merchants used arbitration to settle industry disputes, and in the early 19th century, American stockbrokers resolved intra-industry disputes through arbitration at the New York Stock Exchange. In Germany, a country with a civil law rather than a common law tradition, commercial arbitration has been practiced for centuries: the first draft of the German Code of Civil Procedure from 1877 included a section establishing the legal foundations of …

Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Voluntary Plant Closings And Workforce Reductions In The European Communities, J. Pipkorn

Georgia Journal of International & Comparative Law

No abstract provided.

Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser

Georgia Journal of International & Comparative Law

No abstract provided.

Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson

Georgia Journal of International & Comparative Law

No abstract provided.

Discrimination In Employment In The Federal Republic Of Germany, Uschi Backes-Gellner, Bernd Frick

Georgia Journal of International & Comparative Law

No abstract provided.

Property Rights In Eastern Germany: An Overview Of The Amended Property Law, A. Bradley Shingleton, Volker Ahrens, Peter Ries

Georgia Journal of International & Comparative Law

No abstract provided.

German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson

Georgia Journal of International & Comparative Law

No abstract provided.

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Georgia Journal of International & Comparative Law

No abstract provided.

Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton

Georgia Journal of International & Comparative Law

No abstract provided.

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.

Germany And The U.S. Present: A Roadmap For Protecting State Sovereignty In The European Stability Mechanism, Matthew Gregory

Georgia Journal of International & Comparative Law

No abstract provided.

Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs

University of Miami International and Comparative Law Review

No abstract provided.

The Behavior Of The French Army During The Dreyfus Affair, General André Bach

Touro Law Review

Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.

The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman

Pepperdine Law Review

No abstract provided.

‘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.

Medical Malpractice And Compensation In Germany, Marc S. Stauch

Chicago-Kent Law Review

This paper offers an overview of the rules under German law for securing accountability and redress in cases of medical injury. It is divided into three main parts. Part I looks at the various legal consequences that may apply in such circumstances, including criminal and professional liability of the doctor, the bases for a private law claim by the patient, and the existence of pockets of non-fault based liability for injury from medical products. Part II then considers in greater detail the elements to be satisfied in respect to the two key forms of private law malpractice claim, namely faulty …

Silent Lay Judges—Why Their Influence In The Community Falls Short Of Expectations, Stefan Machura

Chicago-Kent Law Review

Lay judges in Germany serving at mixed courts are ascribed an "education function," and they should communicate their experience. Data from surveys of German lay assessors are used to investigate this claim. The results are likely to apply to other countries which employ mixed courts. While many lay judges talk about their experience with their families—partly to ease their minds—they are more reluctant to tell colleagues and friends. For a start, many lay judges are no longer part of the work force because they are older in age, and therefore, have a limited number of contacts. Lay judges serving at …

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

Use And Enjoyment Of Intangible Services: The German, Austrian, Danish And Estonian Vat Derogations, Richard Thompson Ainsworth

Faculty Scholarship

When the Czech Republic elected (effective January 1, 2009) to derogate from the standard rules for determining the place of supply for intangible services, pursuant to Article 58 of the Recast VAT Directive (RVD), it was following the lead of ten other Member States. This paper considers four of those other jurisdictions - Germany, Austria, Estonia, and Denmark - and compares their derogations with that of the Czech Republic.

In each instance a use and enjoyment standard determines the place of supply for certain intangible services. The affected transactions are (potentially) wide ranging. In each instance non-EU countries are on …

Quebec's Module D'Enregistrement Des Ventes (Mev): Fighting The Zapper, Phantomware And Tax Fraud With Technology, Richard Thompson Ainsworth

Faculty Scholarship

On January 28, 2008 the Quebec Minister of Revenue, Jean-Marc Fournier, announced that by late 2009 the MRQ will begin testing a device, the module d'enregistrement des ventes (MEV) that is projected to substantially reduce tax fraud in the restaurant sector. By 2010 or 2011 MEVs will be mandatory in all Quebec restaurants, where they will assure accuracy and retention of business records within electronic cash registers (ECRs).

This paper moves beyond a discussion of the variety of sales suppression programs in use - zappers and phantom-ware. The concern here is on enforcement efforts, particularly the MEV. The intent is …

Revisiting Germany's Residenzpflicht In Light Of Modern E.U. Asylum Law, Paul Mcdonough

Michigan Journal of International Law

This Note explores whether the E.C. treaties, nonetheless, provide the European Court of Justice (ECJ) sufficient competence to use the Reception Directive as a vehicle to assess the Residenzpflicht in relation to the Refugee Convention. It concludes that, through the Residenzpflicht, Germany denies refugees lawfully present their Convention right to free movement within its territory, and that the ECJ can order the restoration of this right.

The German Constitutional Court Says 'Ja Zu Deutschland!', Daniel H. Halberstam, Christoph Möllers

Articles

In announcing the decision of the Bundesverfassungsgericht (BVerfG - Federal Constitutional Court) on the constitutionality of the Lisbon Treaty, the Presiding Justice of the Second Senate summed up the judgment by proclaiming: “Das Grundgesetz sagt ‘Ja' zum Vertrag von Lissabon.”

International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga

LLM Theses and Essays

Corporate governance has become a bonafide subset of company’s law that is concerned with who directs the company and for whose benefit. Its application varies in countries found in the main legal jurisdictions of common and civil law. This thesis identifies these differences by highlighting national corporate governance systems existing in Germany, Japan, United Kingdom and United States. Together, these countries represent systems adopted by several countries located on all continents. Increased cross border investment in this era of globalization has been significantly affected by these governance systems. The thesis shows the reasons why investors, multinational corporations and nations have …

Trends. When Governments Want Government To Change, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses regime change in Germany and Iraq in a political psychological context.