Saskia's Spin

"China Guiding Cases Project" by Stanford Law launched

2012-01-10T10:14:00.000-06:00

On Monday, January 9, 2012, Stanford Law School launched its latest initiative in the area of international law, the website of the China Guiding Cases Project (CGCP).

The website will post “guiding cases”, a recent development in Chinese law, as released by China’s Supreme People’s Court. The CGCP team translates these released opinions into English and posts them on the above mentioned website.

As of today the following cases are posted:

Shanghai Centaline Property Consultants Limited v. TAO Dehua, An Intermediation Contract Dispute | 指导性案例1: 上海中原物业顾问有限公司诉陶德华居间合同纠纷案

WU Mei v. Meishan Xicheng Paper Co., Ltd. of Sichuan Province, A Sale and Purchase Contract Dispute | 指导性案例2: 吴梅诉四川省眉山西城纸业有限公司买卖合同纠纷案

PAN Yumei and CHEN Ning, A Bribe-Accepting Case | 指导性案例3: 潘玉梅、陈宁受贿案

WANG Zhicai, An Intentional Homicide Case | 指导性案例4: 王志才故意杀人案

Legal experts from around the world are invited to submit commentaries discussing the legal and other implications of these cases. Commentaries are posted in Chinese and in English, and are available in translation. Readers of the website may post their thoughts about the cases and commentaries in Chinese and English. “Question and Answer” sessions on the site permit readers and commentators to have more in-depth dialogues, again in Chinese and English. The website also includes a search function enabling practitioners and researchers to look for specific “guiding cases.”

For those interested in an overview on the Chinese Legal System take a look at the free offering on Law Info China.

Risen from the dead

2011-07-06T11:09:00.000-05:00

One of the less known but nevertheless important bills has passed the Texas Legislature on the last day of the special session. House Bill 79, which seeks comprehensive judicial reforms, is based on the findings of the State Bar Court Administration Task Force and stresses a more simplistic, flexible and productive court system.

The history of this bill is quite interesting. Having made its (unsuccessful) debut in 2007 and then again in 2009 as Senate Bills, the bill was once again introduced in 2011 as Senate Bill 1717. It failed on the last day of the regular legislative session but lawmakers were able to convince Governor Rick Perry to put the bill on the agenda for the special session. This time it went through and was sent to the Governor for final approval.

Link of the Month: Homeland Security Digital Library (HSDL)

2011-07-01T09:38:00.000-05:00

It's not often that one has to research homeland security issues, but if that is the case, the homeland security digital library is the place to go. Having just recently opened to the public, it contains the nation’s premier collection of documents related to homeland security policy, strategy, and organizational management collected from a wide variety of sources. The library is divided into eight key sections, ranging from national strategy documents to theses and research reports from the Naval Postgraduate School Center for Homeland Defense and Security, including an exhaustive collection of executive orders and key legislation.
Open access to over 47,000 documents is available for anyone interested and access to more than twice the amount of information will be made available upon request and approval.

Link of the Month: National Labor Relations Board (NLRB)

2011-05-03T15:01:00.000-05:00

Established by Congress in 1935 as an independent federal agency, the NLRB's primary function is to administer the National Labor Relations Act, the primary law that governs relations between unions, employees and employers in the private sector.
This website offers a wide variety of rules and regulations, guides, and manuals in English as well as in Spanish. In addition its research section allows access to legal-related documents, specifically NLRB Board decisions and memos, the weekly summary of NLRB cases, and Appellate Court briefs and motions filed by the NLRB General Counsel.

Link of the month: National Center for Health Statistics (NCHS)

2011-02-28T09:03:00.000-06:00

The NCHS is part of the Centers for Disease Control and Prevention and considered the Nation's principal health statistics agency. The Center is a public resource for health information with the main purpose to compile statistical information to guide actions and public health policies.
The website allows access to the NCHS factsheets through the so-called “FastStats” site, covering the wide range of information and data made available by the NCHS; “data briefs”, statistical publications that provide information about current public health topics, and the Center’s extensive library of online and print publications.
In addition two links are worth mentioning – one that leads to the data systems and surveys where it is possible to retrieve data that is being collected on an ongoing basis, and another one named “librarians”. The “resources for librarians” is a sub site that conveniently lists numerous resources that are of interest for information professionals, namely tutorials, which guide you through preparing an analytic dataset, and explaining the nuances of the survey design, medical coding classifications, listservs and the Research Data Center.

NCHS Research Data Center (RDC)

This website was developed by the NCHS with the goal to allow researchers access to data that does not appear in the public use files of data collected by the Center. Restricted variables are those that could compromise the confidentiality of survey respondents like geography, genetic data, and detailed race/ethnicity, and access to this data requires the researcher to submit a proposal to the RDC and comply with the process.

Link of the month: Office of the Comptroller of the Currency (OCC)

2010-12-13T22:00:00.000-06:00

The OCC was established in 1863 as a bureau of the U.S. Department of the Treasury and is headed by the Comptroller, who is appointed by the President.
The main purpose of the OCC is to provide regulations and supervision of the charters to all national banks. Therefore the website allows the researcher not only to access pending and recently enacted legislation, but to explore law and licensing documents providing guidance, establishing precedents and court documents of interest. In addition one may check if any national bank or foreign branch has ever been under scrutiny by the OCC.

Link of the month - Food Safety and Inspection Service (FSIS)

2010-09-04T18:12:00.000-05:00

With the latest salmonella scare out in the media I had to look for reliable information to appease the hypochondriac inside me; and I found it in the Food and Safety Inspection Service, the public health agency in the U.S. Department of Agriculture.

This website is a one-stop-shop for anything food safety related and it is responsible for ensuring the safety of the nation's commercial supply of meat, poultry, and egg products. The site not only contains all regulations, directives and notices in this area, but as well recalls, fact sheets covering everything from safe food handling to advice for at-risk population groups, and the possibility to sign up for an emails alert for future recalls.

Germany’s Federal Convention to elect new President

2010-06-29T14:23:00.002-05:00

On Wednesday, June 30th, the German Federal Assembly is going to elect a new President. The election comes after the previous President, Horst Koehler, unexpectedly resigned in late May. President Koehler was very popular among German citizens, but had received growing criticism from the reigning conservative government for his remarks about the involvement of the German armed forces in Afghanistan and the status and prestige of politicians. In a climate of unjustified criticism and plain backstabbing he did what he felt was the only thing he could do, resign. That left everyone stunned (including Chancellor Merkel) and presidential candidates had to be found, as according to Art. 54 (4) the Basic Law (commonly referred to as the German Constitution) the new President has to be elected within 30 days after the President leaves office.

The three candidates on the slate are Christian Wulff, Joachim Gauck and Luc Jochimsen. Merkel's governing coalition presented Christian Wulff who is currently minister president of the state of Lower Saxony, as its candidate. Wulff is one of the rather plain and unimpressive career politicians who nevertheless managed to get ahead in party politics (maybe because he is so unimpressive). That he was nominated by the CDU, one of the governing parties, is seen as a strategic move by Chancellor Merkel as she is well aware, that Wulff not only disagrees with her in many areas but more importantly will do anything to discredit her. If he gets elected however he will be “out of the way” and can’t cause further trouble.

His main opponent is Joachim Gauck, a pastor from the former German Democratic Republic (GDR), who was once the first Federal Commissioner for the Stasi Archives, and is widely favored by the public as well as the opposition. To nominate Gauck was a surprising move by the Socialdemocratic Party as well as the Greens. While he is a well known human rights activist, he described himself as a “liberal conservative” and would have wanted to be the candidate of the CDU.

The third candidate is Luc Jochimsen. Before her retirement in 2002 she was an accomplished journalist and documentary director. Since then she became an outspoken proponent of the GDR and declared that it was not “a state of injustice”. Jochimsen never lived in the GDR and why she believes she can voice such an opinion is a miracle (not only to me).

The German people have no say in Wednesday's vote; the federal president will be elected by a federal assembly, which includes 1,244 lawmakers. Merkel's governing coalition has a slim majority in the convention and usually the members are expected to vote with the party that selected them for participation, but a number of high ranking personalities suggested that no one should be “forced” to vote according to party lines. It is very likely though, that everyone will vote as they are told and Wulff will be elected in the first round.

Link of the Month - Bureau of Justice Statistics

2010-06-24T16:46:00.002-05:00

Looking for criminal justice statistics can be very challenging but luckily there is the Bureau of Justice Statistics (BJS) that was established in 1979 and is the primary course for criminal justice statistics in the United States. Its mission is to collect, analyze and publish information on crime and its victim, criminal offenders and the judicial operations at all government levels.
The site offers access to the online version of the sourcebook of criminal statistics, as well as searching abilities of the BJS data collection which provides not only the collected data itself, but as well a comprehensive overview of the survey instruments.

Link of the Month - Eurostat

2010-04-28T13:10:00.000-05:00

With this month downgrading by Standard & Poor of Greece and Spain I was looking for an authoritative tool to research the economy of European Countries (and to figure out who might be next). The tool I found was Eurostat. Eurostat is the statistics office by the European Union located in Luxembourg. According to the website, “its task is to provide the European Union with statistics at European level that enable comparisons between countries and regions”.
Take a look for yourself.
(Btw, I think Italy is a “good” candidate)

Link of the Month - Dictionary of the German Parliament

2010-03-18T09:31:00.001-05:00

From time to time I translate legal documents from German into English or English into German. Usually I rely on my one and only "Rechtsenglisch" dictionary, but more often than not I can't find exactly what I'm looking for. That's when the terminology database of the German Bundestag come in handy. It offers political, legal, and scientific translations for from German into English, French, and the other way around. Once you are on the main page select in the upper right corner the language combination and continue on the following page with an entry of the search term. The search screen appears rudimentary but once I tried it I was surprised by the depth of it.

International Women’s Day in Brazil

2010-02-25T12:04:00.000-06:00

Another country that observes the IWD is Brazil. Up to today women are given roses on that day accompanied by congratulations. In the last couple of years though this custom has caused feminists to refuse the roses and demand “equal pay, more presentation in politics and less violence” instead.
Domestic violence continues to be a huge problem in Brazil. In a 2006 report on Human Rights it was pointed out, that although the government tripled the punishment for family violence and spousal abuse, the problem remains widespread. Among other interesting information the same report contains facts about (un)equal pay, maternity leave and the number of women in government positions.

International Women’s Day in Russia

2010-02-23T19:51:00.000-06:00

The IWD was considered an important event in Russia, respectively the Soviet Union, and designated as a national holiday (and still is).

It was first celebrated 1913 on the eve of the First World War when Women and Men protested for peace and better working conditions. With the end of the war, millions of Russian soldiers dead, Russian Women in 1917 chose to strike for “bread and peace”. This strike started on February 23 on the Julian calendar (March 8 in the Gregorian calendar) and within the next couple of days more and more women and men joined in. The Czar was forced to abdicate and the provisional government granted women the right to vote.

Due to these events as well as discussion beforehand the IWD was moved to March 8th and has been celebrated on these days since 1918.

International Women’s Day

2010-02-22T13:56:00.001-06:00

While 2011 will be the 100th year of celebrating the International Women’s day, this March 8th, 2010 will actually be the 100th time it is observed. In honor of this day I will feature a couple of countries who observes the IWD over the next 2 weeks.

For starters some historic background:

Women have been protesting for better working conditions and equal pay since the mid 19th century, but the first organized protest took place on March 8, 1908. On this day so-called “garment worker” (women working in the textile and clothing factories) marched through New York City demanding a shortened work day, better pay, the right to vote and an abolishment of child labor. The slogan "Bread and Roses" was adopted, with bread symbolizing economic security and roses a better quality of life.
Two years later an international women’s rights conference was held in Copenhagen, Denmark, and at this conference the German socialist Clara Zetkin suggested the institution of an International Women’s Day to support the garment workers movement. This proposal was approved undisputed by the conference of over 100 women from 17 countries, including the first three women elected to the parliament of Finland. The following spring of 1911 women and men rallied in Austria, Denmark, Germany and Switzerland to celebrate the first International Women’s Day.

Link of the month - NIST

2010-01-05T16:17:00.003-06:00

My website of the month is the National Institute of Standards and Technology (NIST)

The NIST was founded in 1901 and is a non-regulatory federal agency within the U.S. Department of Commerce. Its mission is the promotion of “U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve our quality of life”. NIST scientists have earned three Nobel prizes over the past eleven years, and the $64 billion market of emissions trading is based on collaboration between the NIST and EPA.

The NIST home page is rather busy looking, but it contains valuable links that allow internet research covering a number of different interests. Here one can find documentation about measurements, technology services, and standard reference materials for the U.S. industry, e.g. introductions and information about building and fire codes, and the cyber security programs that are provided by the NIST.

Within this NIST page one can find the Virtual Library

The Virtual Library offers access to the online catalog, e-journals, Institute of Electrical and Electronics Engineers (IEEE) standards, and a reference shelf. The IEEE standards can be searched by the number, industry and numerical listing, and although the entire contents of the standards is only available for IEEE members and institutional subscribers, the table of contents and a summary can be accessed easily. Additionally the NIST Virtual Library allows full text access to all articles of the “Journal of Research of NIST” since 1982. Issued six times a year, the journal covers a broad range of subjects with major emphasis on measurement methodology and the basic technology underlying standardization.

Lisbon Treaty now in effect

2010-01-05T08:48:00.003-06:00

After 8 years in the making, December 1st 2009 marked the date when the Lisbon Treaty (finally) came into force and with it the attempt to streamline the EU institutions and strengthen democracy within the Union. Some of the most important changes are:
• A politician chosen to be president of the European Council for two-and-a-half years, replacing the current system where countries take turns at being president for six months.
• A smaller European Commission, with fewer commissioners than there are member states, from 2014.
• A redistribution of voting weights between the member states, phased in between 2014 and 2017 - qualified majority voting based on a "double majority" of 55% of member states, accounting for 65% of the EU's population.
• New powers for the European Commission, European Parliament and European Court of Justice, for example in the field of justice and home affairs.
• Removal of national vetoes in a number of areas, including fighting climate change, energy security and emergency aid. Unanimity will still be required in the areas of tax, foreign policy, defense and social security.
While critics say that the Lisbon Treaty threatens national sovereignty the overall response has been positive and deemed a necessary step in the unification of Europe.
For more information on the Lisbon Treaty check out the Treaty web site on Europa.eu

Link of the month - European Supreme Courts

2009-05-25T12:33:00.002-05:00

The meta-search engine of National Case Law was created by the Network of the Presidents of the European Supreme Courts. It has been released in April 2007 and allows to simultaneously query several search engines.

Link of the month - EALDH

2009-04-19T19:30:00.002-05:00

Just came across the web site for the European Association of Lawyers for Democracy and World Human Rights (EALDH) - available in English, German, Italian and French and a number of great sources when looking for information about human rights. In addition they post legal opinions, documentation and expertises from their members.

Legal Billing - Differences between Germany and the US (Part 2)

2009-01-26T01:26:00.012-06:00

And on we go - one part of the legal billing that has always been treated differently, is the one surrounding criminal matters and administrative fines. Historically legal work in the area of criminal matters and administrative fines was considered a part of the legal practices that require a different approach and therefore should follow a different billing-philosophy. Having said this, for decades the billing in this field would not take into consideration the amount of time and preparation that was needed in preparation as well as presentation before the trial, but mainly the trial itself. All that was changed with the 2004 changes in the RVG; criminal matters are now contained in part 4 of the RVG annex. Here it is determined that in addition to a procedural fee, a basic fee has to be set for the process to get familiar with the matter, and one in case a preliminary hearing and/or investigation is deemed necessary. Should the court appoint counsel, her fee corresponds to 80% of the fee of a chosen counsel. Administrative fines are set in the following part of the annex, part 5. They follow the rules for fees for criminal matters.
Now to an area that is especially interesting for non-billable staff. How are they put in the billing picture? Similar to the concept behind the amount for billing by the hour, attorneys will add into their spreadsheet the time they anticipate their support personal to spend on the matter. Named support staff consists mainly of legal secretaries who work the administrative side of the case, as well as research attorneys. While the German legal system does not know law librarians, we do have something similar in the person of research attorneys, who will not be paid the same amount as a fully licensed attorney but bring with them a tremendous amount of knowledge (like a law librarian).

Legal Billing - Differences between Germany and the US (Part 1)

2009-01-18T19:45:00.016-06:00

Lately a couple of interesting blog postings (especially Toby Brown's on 3 Geeks and a Law Blog), as well as articles have been published around the issue of billing by the hour or so-called "alternative billing". Having been educated and practiced in Germany, a legal system that lives and breathes anything but billing by the hour, I have been astonished for the longest time, how law firms can charge clients as much as they do, when said clients might not know what the bill will look like in the end.
The fees set by German lawyers are calculated on the basis of either the law on the remuneration of lawyers, the Rechtsanwaltsverguetungsgesetz (RVG) or on the basis of negotiated fees. The negotiation of fees is always a possibility but it has to be set in writing and the sect. 4 RVG as well as sect. 49 Bundesrechtsanwaltsordnung (BRAO) have to be taken in consideration. German law does not allow the negotiation of a fee that would only be paid in case of success.
How is the RVG organized? The RVG does contain general provisions regarding fees as well as an appendix listing individual acts performed by the attorney and the respective applicable rate. It provides for a number of different types of fees, which are either fixed or within a fixed range.
How is a fee set? If the fee is to be determined within a fee range, the attorney chooses the amount at her own discretion in an equitable manner. She has to take into account the circumstances linked with the case, especially scope and difficulty of the legal work, importance of the matter as well as the income and financial well-being of the client (sect. 14 (1) RVG). Additionally her risk of liability might be taken into consideration.

More information regarding the different types of legal work in the upcoming part 2.

Link of the month - Facts about Germany!

2009-01-13T20:17:00.002-06:00

While looking for information about the legal billing in Germany I came across this interesting website and thought it makes an informative link of the month. It is called "Facts about Germany" and offers a variety of information in several languages from Arabic to Ukrainian.

Link of the month - EJIL: Talk!

2008-12-16T23:51:00.005-06:00

This month the European Journal of International Law entered the blogosphere with its own blog, and (so far) it is as well thought through as its journal articles.
Under the title "EJIL:Talk!" Dapo Akande, a well known scholar in the field of international criminal law and international dispute settlement, posts a few articles about the 60th anniversary about the Universal Declaration of Human Rights and an impressive (and sad) human rights recapture of the year 2008.

Link of the month - Juristisches Internetprojekt Saarbruecken

2008-11-12T22:04:00.005-06:00

This link is not new but still good, it is actually one of the oldest and most reliable web sites in the German legal research arena - the Juristisches Internetprojekt Saarbruecken. It started out in 1993 as a project in Professor Herberger's Legal Information Science class, and has since developed to a platform with a variety of tabs to different international and European legal sources. Especially to have links to decisions from the European Courts, the French and the German courts all on one site makes it very handy. Only disadvantage, the web site is mainly in German with some content in French and English.

Private Limited Companies Act in Germany reformed

2008-11-12T21:15:00.008-06:00

Since May 2006 the federal legislator had been working hard to modernise the Law Governing Private Limited Companies and to Combat Abuses (AMPrLCCA). After going the way all bills go on the Committee on Legal Affairs of the German Federal Parliament in January 2008 conducted a public hearing of experts concerning the reform of private limited companies. Further steps were taken and the Act entered into force on November 1st 2008.

More information about the Act is available in German and a law journal article by Matthias Casper in English.

New Regulations regarding German Federal Central Register

2008-10-15T11:39:00.003-05:00

Today (October 15, 2008) the Federal Cabinet decided to renew the administrative regulations regarding the Federal law of Central Register(Bundeszentralregister). Currently to receive notifications about entries in the register one has to apply in writing and paper form. In the future this shall be possible via a secure internet system.

The new act shall become law on January 1, 2009. The Federal Assembly (Bundesrat) needs to approve.

German Minister of Justice wants full equality for gay couples

2008-09-27T20:40:00.007-05:00

On Wednesday, September 24, the German Minister of Justice, Brigitte Zypries, outlined in a speech in front of the parliament the governments plan to continue the process to fully equalize hetero- and homosexual relationships. Since the Law on Relationships (Lebenspartnerschaftsgestz) was enacted in 2001 a huge step has been done into the right direction, she said, but there are still areas that need improvement .

Zypries continued, that a modern society has to accept people from all paths of life, and that Germany in the international community has one of the more advanced laws.

Currently the Ministry of Justice is researching the possibilities to allow the adoption of children by couples who are not married in the traditional way.

Heads roll in German Bank Scandal

2008-09-19T22:16:00.003-05:00

Heads are rolling in the wake of the scandal surrounding the transfer of €300 million ($426 million) by KfW to Lehman Brothers on the day the financial institutions collapsed.

On Thursday, September 18, the German Economics Minister Michael Glos, announced the suspension of two managing directors, Detlef Leinberger and Peter Fleischer, as well as the head of the bank's risk-management department.

KfW is a German government-owned development bank, based in Frankfurt. It name comes from Kreditanstalt für Wiederaufbau, meaning Reconstruction Credit Institute, and it was formed after World War II as part of the Marshall Plan. The bank is well known for lending money to small and med-sized businesses - not, to failing Wall Street firms. Business leaders as well as German politicians sit on the administrative board.

New Legal Services Act in Force in Germany

2008-09-09T19:40:00.001-05:00

On 1 July 2008, the Legal Services Act (Rechtsberatungsgesetz - RDG) came into force in the framework of a fundamental reform. This new law replaced the Law on Legal Counseling (RBerG), and, on the basis of a new act on reform of legal counseling, the Law on Legal Counseling ceased to have effect on that same day. The declared goal of the Legal Services Act is to protect those seeking legal recourse whilst encouraging civic engagement in the field of legal counseling through liberalization.

Chancellor Merkel named most powerful woman

2008-08-30T19:31:00.004-05:00

I know, I know - I read it too. German chancellor Angela Merkel was named the most powerful woman in the world. Obviously no one asked me for my opinion, as I would have placed here somewhere between Michelle Bachelet and Christine Poon. Still think she should open her mouth and voice her opinion, and say what's right and just.
But maybe that tells us something that they chose a woman who is admired for her nice outfit at the Wagner Festival and who is finally liked by French President Nicolas Sarkozy (remember - the one who was drunk a G8 summit speech).
Now I have to think about my choice ...

Law on the Protection of Intellectual Property comes into force

2008-08-30T19:09:00.002-05:00

On September 1, 2008 the law implementing the EU Enforcement Directive to protect intellectual property will come into force. This Act facilitates the fight against piracy and strengthen intellectual property rights.

The law puts the Directive 2004/48/EC with an amendment of several laws for the protection of intellectual property in action. These acts are, the Patent law, Utility model law, Trademark law, Semiconductor Protection Act, the Copyright Act, Designs Act, and the Plant Variety Protection Act.

Apart from these, especially for companies, important modifications, the law provides a significant improvement for consumers. Currently consumers who violate copyright laws can expect hefty fines, even if they have no business interest. This will be impossible in the future. Those consumers who can prove that they did not have any such interest will have to pay a maximum fine of Euro 100.-.

Why does Germany's Chancellor Merkel not stand-up against Putin?

2008-08-23T13:05:00.012-05:00

I've had it! Everywhere I read that the German chancellor Angela Merkel stands-up against Vladimir Putin in the Georgia crisis, but honestly, I don't see it.

Germany traditionally has close ties to Russia, and although they gotten a bit slippery with Schroeder on Gazprom's payroll, they are still excellent. Because of those good relations the countries of Europe trust that, "Germany is the one country that can warn Russia," as James Sherr, director of the Russia and Eurasia Program of the Royal Institute of International Affairs in London, points out. "Russia does listen to what Germany says. If Germany can make clear statements about the consequences facing Russia over Georgia and whatever else it might decide to do, it will have an impact on Russia." But does Merkel deliver on that?

No. So far Merkel has done everything to avoid being a mediator between Russia and Georgia. Although this might be understandable, it shows, that all the times before, when she talked to Putin over Kosovo, failings in the Russian presidential elections, and human rights, it was nothing but lip service. Looking at Merkels upbringing this does not surprise me.

Angela Merkel was born in Hamburg and moved with her family to Templin in Eastern Germany, where her father was pastor in a Lutheran church. Interestingly the family was always able to travel freely to Western Germany, she was able to attend university and they had other privileges that were unusual for Families who were active churchgoers (which a pastors family is). According to Gerd Langguth, author of a book about Angela Merkel, the family's ability to travel freely from East to West Germany, as well as their possession of two automobiles, leads to the conclusion that Merkel's father had a 'sympathetic' relationship with the communist regime, since such freedom and perquisites for a Christian pastor and his family would have been otherwise impossible in East Germany.

This is the same regime, that for decades suppressed individual freedom, and human rights, incarcerated people for their faith and did not allow those, who stood up for their beliefs to get a higher education. Angela Merkel never had any problems during the times of the GDR and I guess, she still has to learn to stand up for what's good and right for country and people.

Now is the time!

Skeletons in Berlin

2008-08-19T23:02:00.006-05:00

The European Parliament is still in summer recess (until August 24th), in Beijing it's either China or the US winning, and Russia and Georgia are still at war, BUT, skeletons were found in Berlin.

Today archaeologists announced that in a dig they started in the spring of 2007 about 2000 skeletons were discovered in what appears to be a medieval cemetery. The site is in the center of Berlin, around the Petrikirche, and the graveyard dates back to the the year 1230 AD, the year the church was built.

The majority of the skeletons are of children, a sign of their high mortality rate in the Middle Ages.

Georgia into the NATO?

2008-08-17T21:59:00.003-05:00

The German chancellor, Dr. Angela Merkel, is vehemently supporting a membership of Georgia in the NATO and urges Russia to get its troops out of the region. But the Russian troops are not budging, and that makes you wonder if they don't care what's going to happen next. Will Europe act in any way? Will Georgia be Russia's Iraq? What will the US do?

Bi-Yearly German Jurists Forum to Suggest Changes to Corporate Law

2008-08-14T16:04:00.003-05:00

The German corporation law is heading into a new direction, at least if this years meeting of the Deutsche Juristentag (German Jurists Forums) gets its way. The section of corporate law has worked for the last years on a modernisation and globalization of German corporate law. So far the German law does not make any distinction between corporations who are quoted on the common stock market, and those who are not. All companies are rather treated as if they were traded on the market. This is not the case in the EU law and therefor leads to discrepancies.
This years German Jurists Forum will take place from September 23 to 26 in Erfurt/Thuringia.

Peace in the Caucasus?

2008-08-12T23:13:00.008-05:00

Russia and Georgia agreed to end the hostilities and return to the conference table. But don't be fooled - peace is far away, if not impossible, in the current situation.
Russia wants to maintain control in the region, and will not sit back and accept independence for the two breakaway Georgian provinces. Georgia on the other hand will continue to fight for South Ossetia, that it considers part of Georgia.
Obviously the Georgian President Mikhail Saakashvili took a big gamble with his military offensive against South Ossetia, which began last Thursday evening. He must have believed that Europe and especially the USA, who have been a big supporter of the Georgian independence movement, will come to the rescue, and support Georgia in it's fight against the Russian army. But the West's solidarity has so far been limited to words. Now a negotiator, who has the trust of both sides, is necessary to develop an agreement that is acceptable to Russia and Georgia.

War in the Caucasus

2008-08-10T11:55:00.005-05:00

When the fights in the Caucasus region started on Friday, we saw the start of a war that was simmering for month, if not for years. Since the fall of the Soviet Union the entire region has been separated by different interested and subsequently the support came from different sides, too. South Ossetia, supported by Russia, and Georgia, which has received US military assistance, are bitter enemies. From Moscow's point of view, Ossetia has been an important strategic base near the Turkish and Iranian frontiers since the days of the czars. The USA, on the other hand, are courting Georgia, which they see as a way to curb the Russian influence in the southern Caucasus. Georgia is also an important transit country for oil being pumped from the Caspian Sea to the Turkish port of Ceyhan and a potential base for Washington efforts to encircle Tehran.
And we all know, as soon as oil is involved there is no fast way out. So the fight continues.

European National Libraries

2008-08-07T08:37:00.002-05:00

All European National Libraries can easily be searched from one central website. The search might take a little longer but it's worth, as it safes time at the end.

Back to the Cold War?

2008-08-05T11:44:00.004-05:00

After Russian military experts and diplomats started the discussion on reopening a military base on Cuba, Prime Minister Putin took over the debate. On Monday, August 5th, Putin said that Russia has to have a stronger military presence on Cuba and in other countries. So far Cuba doesn't seem to excited about this outlook and no official comment has been heard. The United States on the other hand are strongly objecting these plans and warned the Russian government to realize them.

German Law Archive

2008-08-01T08:56:00.002-05:00

Just came across this archive with judgments, statutes, literature and bibliographies concerning German Law.

2008-07-31T22:13:00.002-05:00

On the 1st of July France took the EU- Presidency from Slovenia and created a web site to inform the public about their intentions and keep them informed during the next couple of month . The page is available in French, English, Spanish, Italian, and German, on can subscribe to an RSS feed or get the latest news to your PDA.

German Constitutional Court Overturns Smoking Ban

2008-07-30T09:15:00.002-05:00

In a not so surprising move the highest court of Germany today decided, that the rules to ban smoking in bars are unconstitutional. Under the current regulations restaurants and bars are obliged to open up separate rooms for smokers. This however was a huge disadvantage for small one room bars, as their customers weren't allowed to smoke at all.
The states now have until 2009 to redraw the rules, and remove the ban and allow smoking or totally ban smoking.

Houston, I had a problem

2008-07-30T08:04:00.007-05:00

After trying to find interesting legal problems within the EU or Germany for a couple of days, I decided to change the theme of my blog. During the summer those people in Brussels and Strasbourg, Berlin, Madrid, London, and wherever, just don't seem to come up with a lot of things. The highest court in Germany today decides if anti-smoking laws are constitutional, but apart from this, nada. So, I globalized it. Not that I couldn't write whatever I want on my own blog :-) but I felt I should stick to the theme.

German Waters Contribute to Green Revolution

2008-07-27T15:41:00.003-05:00

The recent changes to the German Renewable Energy Law (EEG) have sparked a green revolution off the northern coast. The EEG sets fixed rates of 15 cents per kilowatt hour (compared to 9 cents before the change) and this rate increase make an investment more interesting. For now the government envisions thousands of wind turbines in the waters with construction beginning in August. Der Spiegel has the complete article.

It's done

2008-07-26T20:46:00.001-05:00

It is 6:46 pm on a Saturday evening and I set-up my first personal blog. I participate in the Web 2.0 Challenge through the AALL CS-SIS and one of the suggestions was to start ones own blog. So here it is.