Internal Investigations

2020 ◽  
Author(s):  
Robert Wilkens
Keyword(s):  
German Law ◽  
Legal Limits ◽  
Controversial Topic ◽  
Enormous Quantity

This work offers a comprehensive and legally sound overall concept for internal investigations under German law. Due to its plain and comprehensible language, the enormous quantity of material it evaluates and the depth of the legal examination it conducts, the book will be of great value to anyone dealing with this controversial topic—either in practice or academically. Using numerous practical examples, the author answers questions such as the admissibility of internal investigations and the obligation to conduct them. He examines the legal limits of the most relevant investigative measures on the basis of all possible regulations, taking into account all conceivable modalities. Finally, he shows what may or must be done with the results of an investigation, in particular with regard to their disclosure, seizure and criminal procedural usability.

Response – The Fight against Terrorism and the Rules of International Law – Comment on Papers and Speeches of John B. Bellinger, Chief Legal Advisor to the United States State Department

2007 ◽  
Vol 8 (7) ◽  
pp. 747-759 ◽  
Author(s):  
Silja N. U. Vöneky
Keyword(s):  
United States ◽  
German Law ◽  
The United States ◽  
London School ◽  
United States Department ◽  
Department Of State ◽  
Legal Limits ◽  
Legal Adviser ◽  
The Us ◽  
London School Of Economics

In the last year John B. Bellinger, III, Chief Legal Adviser to the United States Department of State, has been engaging in a dialogue with politicians and legal scholars in European countries. These speeches and public appearances, like the remarks delivered at the London School of Economics in 2006 and republished in this issue of the German Law Journal, were meant to address the misimpressions, as Mr. Bellinger sees it, that have become prevalent in Europe over the last few years with respect to the US positions on questions of the legal basis and legal limits of the “war on terror” and the treatment of detained terrorists.

Indefeasible Family Rights: A Comparative View on the Restrictions of Testamentary Freedom

2018 ◽  
Vol 22 (2) ◽  
pp. 211-236
Author(s):  
Hannah Roggendorf
Keyword(s):  
Social Values ◽  
German Law ◽  
Modern Society ◽  
Legal Rights ◽  
Final Solution ◽  
Legal Concept ◽  
English System ◽  
Legal Innovation ◽  
Controversial Topic ◽  
Legal Concepts

Testamentary freedom and family protection in succession law are often described as contradictory principles. Nonetheless, in most European legal systems both principles coexist. This article focuses on three conceptions of this coexistence: legal rights in Scotland, compulsory portion in Germany and family provision in England. All three systems must accommodate changing values of family life in modern society. Most recently, the timeliness of traditional solutions has been a controversial topic of the debate leading to the Succession (Scotland) Act 2016, and it continues to be an issue of debate, because regarding legal rights no final solution has been found. A comparative analysis can demonstrate the interconnectedness between social values and legal concepts, and it can further identify potential for legal innovation. Family rights, especially in Germany, have been contextualised with a historic notion of family property. In the present law of all three countries the contextual emphasis shifts towards familial solidarity and a moral duty to provide for family members. On a concrete level, there is a discernible connection between matrimonial property relationships and spousal rights to the estate in Germany and England, which in Scotland is no longer present. Further, the English system can also accommodate cohabitants as potential claimants. Scots law has at least in the case of intestacy incorporated a similar provision, while German law thus far does not provide any legal concept for cohabitation.

Approaches for TEM imaging of cavitation in toughened nylon

1989 ◽  
Vol 47 ◽  
pp. 352-353
Author(s):  
Barbara A. Wood
Keyword(s):  
Morphological Characteristics ◽  
Structure Property ◽  
Polymer Systems ◽  
Selective Staining ◽  
Structure Property Relationships ◽  
Rubber Toughened ◽  
Shear Yield ◽  
Controversial Topic ◽  
Selection Of ◽  
Diamond Knife

A controversial topic in the study of structure-property relationships of toughened polymer systems is the internal cavitation of toughener particles resulting from damage on impact or tensile deformation.Detailed observations of the influence of morphological characteristics such as particle size distribution on deformation mechanisms such as shear yield and cavitation could provide valuable guidance for selection of processing conditions, but TEM observation of damaged zones presents some experimental difficulties.Previously published TEM images of impact fractured toughened nylon show holes but contrast between matrix and toughener is lacking; other systems investigated have clearly shown cavitated impact modifier particles. In rubber toughened nylon, the physical characteristics of cavitated material differ from undamaged material to the extent that sectioning of heavily damaged regions by cryoultramicrotomy with a diamond knife results in sections of greater than optimum thickness (Figure 1). The detailed morphology is obscured despite selective staining of the rubber phase using the ruthenium trichloride route to ruthenium tetroxide.

A Review of the Role of Cue Processing in Task Switching

2013 ◽  
Vol 221 (1) ◽  
pp. 5-14 ◽  
Author(s):  
Kerstin Jost ◽  
Wouter De Baene ◽  
Iring Koch ◽  
Marcel Brass
Keyword(s):  
Cognitive Control ◽  
Task Switching ◽  
Task Switch ◽  
Task Set ◽  
Switch Costs ◽  
Set Switching ◽  
Controversial Topic ◽  
Cue Encoding ◽  
Cue Processing

The role of cue processing has become a controversial topic in research on cognitive control using task-switching procedures. Some authors suggested a priming account to explain switch costs as a form of encoding benefit when the cue from the previous trial is repeated and hence challenged theories that attribute task-switch costs to task-set (re)configuration. A rich body of empirical evidence has evolved that indeed shows that cue-encoding repetition priming is an important component in task switching. However, these studies also demonstrate that there are usually substantial “true” task-switch costs. Here, we review this behavioral, electrophysiological, and brain imaging evidence. Moreover, we describe alternative approaches to the explicit task-cuing procedure, such as the usage of transition cues or the task-span procedure. In addition, we address issues related to the type of cue, such as cue transparency. We also discuss methodological and theoretical implications and argue that the explicit task-cuing procedure is suitable to address issues of cognitive control and task-set switching.

“Farewell to Unjustified Enrichment?” – A Common Law Response

2016 ◽  
Vol 20 (3) ◽  
pp. 326-337
Author(s):  
Steve Hedley
Keyword(s):  
Common Law ◽  
German Law ◽  
Unjust Enrichment ◽  
Level Of Abstraction ◽  
The Law ◽  
Unjustified Enrichment ◽  
High Level ◽  
Logical Process

In this article, Professor Steve Hedley offers a Common Law response to he recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, “Farewell to Unjustified Enrichment” (2016) 20 EdinLR 123). The author takes the view that Jansen's paper provided a welcome opportunity to reconsider not merely what unjust enrichment can logically be, but what it is for. He argues that unjust enrichment talk contributes little of value, and that the supposedly logical process of stating it at a high level of abstraction, and then seeking to deduce the law from that abstraction, merely distracts lawyers from the equities of the cases they consider.

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