The Federal Constitutional Court has just issued a preliminary injunction (einstweilige Anordnung) in what may turn out to be a landmark case about the constitutionality of Facebook bans. The case involves a Facebook post from January 21, 2019 by a far-right group called the "Third Way" (Der III. Weg), which bills itself as "National, Revolutionary,… Continue reading Facebook Ban Before the Federal Constitutional Court
Month: May 2019
The Difficult Birth of the Criminal Plea Bargain in Germany
If there's one rule of legal politics that applies worldwide, it's that criminal justice is the red-headed stepchild of the law. Most of the people who are prosecuted for crimes are poor, and the state has to pay for the lawyers who prosecute and defend them -- if it guarantees them defense lawyers at… Continue reading The Difficult Birth of the Criminal Plea Bargain in Germany
My Comparison of German and American Legal Education Published in FAZ-Einspruch
The section for legal commentary of the Frankfurter Allgemeine Zeitung (FAZ) just published (in German) a few of my unscientific observations on the differences between German and American legal education. Summary version in English, just for fun: America: Law schools in the USA are rich from alumni donations, land grants, and tuition fees. The facilities… Continue reading My Comparison of German and American Legal Education Published in FAZ-Einspruch
‘Die Zauberlehrlinge’: Plausible Answers to Not Very Important Questions
Die Zauberlehrlinge (The Sorcerer's Apprentices) is a new book on the German response to the European asylum crisis. It has two authors: Maximilian Steinbeis, editor of Verfassungsblog, a site featuring commentary "on matters constitutional" by left-of-center academics, and Stephan Detjen (g) who is currently Chief Correspondent of Deutschlandradio, a nationwide public-radio station. This post is a… Continue reading ‘Die Zauberlehrlinge’: Plausible Answers to Not Very Important Questions
More on the 2015 Refugee Crisis and the Rule of Law: A Response to Steinbeis
Maximilian Steinbeis, author of a recent book arguing for the legality of Angela Merkel's 2015 decision to open Germany's borders, addresses my post on the issue from a few days ago. Steinbeis begins his post: "An interesting example of the strategies with which some proponents of the illegality thesis [i.e., the argument that Merkel's decision… Continue reading More on the 2015 Refugee Crisis and the Rule of Law: A Response to Steinbeis