The British Association for Comparative Law interviews Uwe Kischel on his book Comparative Law, which has just appeared in English: In a nutshell (and without name-dropping), my contextual approach is based on the basic insights of traditional comparative law, specifically of the functional method, while trying however to evade some of its misunderstandings and pitfalls. I… Continue reading Uwe Kischel Interview about “Comparative Law”
One of the misunderstandings people from the English-speaking world have about European law concerns privacy and the right to control one's own image. The 'Anglosphere', let's call it, has a very loose approach to whether you can photograph people who are out in public. First I'll explain the Anglosphere approach, then look at the drastically… Continue reading Germany’s Tricky Laws and the Internet Part II: Photos of People in Public
(cross-posted to German Joys) The public radio station for Berlin-Brandenburg recently released an 8-part podcast -- "Christin and Her Murderers" exploring a German murder case. The podcast yields interesting insights into German criminal trials, mainly because the authors -- Martina Reuter und Uta Eisenhardt -- got unusual access to the main players in the case:… Continue reading Christin and Her Murderers — Inside a German Murder Trial
When can you post excerpts from or links to a newspaper article, pictures, or tweets online in Germany without fear of being sued? The answer is more complex than you might think, especially if you're used to the more freewheeling online culture of the United States or the UK. The Internet is abuzz with debate about… Continue reading Germany’s Tricky Copyright Laws and the Internet, Part I — News Articles and Photos
One of the longest-running controversies in German employment law started right here in my home city of Düsseldorf. A doctor working for a Catholic charitable hospital was fired in 2009 for re-marrying after a divorce, which violates Catholic doctrine. The doctor appealed, beginning an odyssey (g) through German and international courts which is still going… Continue reading Can Religious Institutions Hire and Fire based on Religious Doctrine?