Blog

Criminal Law, Soering

What the DNA Does and Doesn’t Show in the Soering Case

As you might have guessed, I'm working on a project about the Jens Soering case, which explains all the recent posts. I know this might be a bit dull for those of you who haven't followed the case, but I'd recommend getting into it -- it's quite interesting. This post will be long and fairly… Continue reading What the DNA Does and Doesn’t Show in the Soering Case

Criminal Law, Evidence, Murder, Soering

DNA Identification, Circumstantial Evidence, and Jens Soering

[source] One of the first things they teach you in law school is that circumstantial evidence is just as powerful as direct evidence. In fact, they say, the distinction is irrelevant and misleading. "But that's only circumstantial evidence!" is the type of thing that non-lawyers think is a winning argument, but which isn't. Why is… Continue reading DNA Identification, Circumstantial Evidence, and Jens Soering

BGH, Criminal Law, Mental State, Police and Prosecutors

How Many Innocent People Are in German Prisons?

The German press is obsessed with the American justice system. The coverage varies from wire-service blurbs about police shootings to in-depth researched pieces. Quality varies enormously, but is often low: German reporters tend to approach the topic with prejudices firmly in place, and screen their research to ensure those prejudices are confirmed. I've documented one… Continue reading How Many Innocent People Are in German Prisons?

Bundestag, Federal Constitutional Court, Public Law

Can the Bundestag pass laws with 85% of its Members Absent? The Answer May Shock You.

A recent dispute involving the German federal parliament, the Bundestag, has highlighted a quirk of German parliamentary practice: The Bundestag sometimes passes laws when the vast majority of its 709 current members aren't there. This quirk became a political theme on June 28, 2019, when the Bundestag held a marathon session before its summer break.… Continue reading Can the Bundestag pass laws with 85% of its Members Absent? The Answer May Shock You.

Constitutional Law, Dublin III, ECJ, Immigration and Asylum, Self-Promotion

The FAZ Publishes My Review of ‘Die Zauberlehrlinge’

I wrote a German version of my review of 'Die Zauberlehrlinge' for the FAZ, available here. Most of the arguments were already previewed in English in this blog post, but the piece benefited a great deal from some careful revisions and editing. I hope you enjoy it. There's been plenty of interesting discussion of the… Continue reading The FAZ Publishes My Review of ‘Die Zauberlehrlinge’