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Attorney Advertising in Germany

Posted by: Jenny Gesley

On July 14, 1987, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) rendered two decisions that paved the way to allowing attorney advertising in Germany. Nicknamed the “Bastille decisions” because of the date and their ”revolutionary character,” the decisions allowed attorneys for the first time to advertise their services to the public on a regular basis although several …

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New Law Library Report on the Development of Migration and Citizenship Law in Postwar Germany

Posted by: Jenny Gesley

In 2015, there were slightly over 17 million people in Germany with a “migrant background”, accounting for 21% of the country’s total population. A person with a “migrant background” is defined by the German Federal Statistical Office (Destatis) as someone who was not born a German citizen or who has at least one parent who was not …

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Lèse-Majesté in Germany – A Relic of a Long-Gone Era?

Posted by: Jenny Gesley

In the summer of 2016, a little known provision of the German criminal code received international attention when it was invoked by the Turkish government on behalf of the Turkish President Recep Tayyip Erdoğan who felt insulted by a poem written by the German satirist Jan Böhmermann. According to section 103 of the German Criminal Code, …

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Düsseldorf, Germany Courthouse— Pic of the Week

Posted by: Jenny Gesley

On my recent visit to Düsseldorf, Germany, I could not stop my nerdy lawyer self from visiting the Administrative Court of Düsseldorf (Verwaltungsgericht Düsseldorf). The Administrative Court in Düsseldorf is the court of first instance in administrative matters and handles all kinds of non-constitutional public law matters. Examples include disputes over building permits, access to public institutions and …

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How Judges Are Selected in Germany

Posted by: Jenny Gesley

When President Obama announced the nomination of Merrick B. Garland, Chief Judge of the U.S. Court of Appeals for the District of Columbia Circuit, to replace Justice Antonin Scalia on March 16, 2016, it garnered a lot of media attention. Thinking about my native Germany, I realized that I could not remember hearing or reading …

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Legal Challenges for Uber in the European Union and in Germany

Posted by: Jenny Gesley

To “Uber” is now a verb. This development reflects the rapid expansion of the mobile ride-hailing company Uber in the United States and the rest of the world. However, in many European jurisdictions, and particularly in Germany, Uber has run into regulatory roadblocks. Uber offers “a technology platform that enables users of Uber’s mobile applications …

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Regulation of Electronic Cigarettes in Germany

Posted by: Jenny Gesley

The emergence of electronic cigarettes (e-cigarettes) is a recent phenomenon. E-cigarettes are battery-operated products that typically resemble conventional cigarettes. Instead of tobacco, they contain cartridges filled with liquids that are generally composed of nicotine, flavor, and other chemicals. During consumption, the liquids are heated and thereby vaporize. Because e-cigarettes are relatively new and potential risks are still …

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What Constitutional Challenges Arise When Air Traffic Control is Privatized? A New Report Looks at the Situation in Germany

Posted by: Jenny Gesley

As Congress debates the reauthorization of the FAA Modernization and Reform Act of 2012, which will expire in September 2015, the question of whether to privatize air traffic control (ATC) in the United States will be one of the matters discussed. The current discussion includes whether the establishment of a private non-profit ATC corporation could …