Inside versus outside lobbying: How the institutional framework shapes the lobbying behaviour of interest groups

Different types of interest groups use different lobbying strategies. This article presents an investigation of this already well‐established hypothesis once more, but additionally proposes that the institutional framework of the country in which interest groups operate also influences their lobbying behaviour. More specifically, it is shown that groups working in the interest of the public are better integrated into the policy‐making process when direct democratic instruments, such as referendums, occur regularly (as in Switzerland) than when referendums are the exception (Germany). The article demonstrates that Swiss cause groups – often also referred to as ‘public interest groups’ in the literature – use a more balanced mixture of insider and outsider strategies than their German peers, but also that this moderating effect cannot be found for specific interest groups, such as industry groups or unions.     

Speculative fees and their impact on access to justice: German experiences

The paper explores the long road to the Federal Constitutional Court's 2006 landmark decision on the unconstitutionality of the century-old prohibition of output-based remuneration of lawyers, analyses the court's ruling and outlines the regulation of speculative fee agreements that is now in place in Germany. Another focus of the paper is an analysis of how the change has affected the German legal services market, drawing on empirical research on the subject carried out between 2006 and 2014.     

New alleles and mutational events at 14 STR loci from different German populations

The molecular origin of DNA mutations and the mutation rates were analyzed at 14 short tandem repeat (STR) loci with samples from trio cases derived from 10 different German population samples. STR loci comprised of D2S1360, D3S1744, D4S2366, D5S2500, D6S474, D7S1517, D8S1132, D10S2325, D12S391, D18S51, D19S246, D20S480, D21S226, and D22S689. In a total of 488 meioses, 16 isolated genetic inconsistencies in 8 different STRs were observed, whereas no mutations were found at the other loci. The data of five mutations suggested the presence of silent or null alleles due to sequence variation in primer binding site. This could be confirmed for four suspected cases by the use of alternative primer sets and by DNA sequence analyses. Furthermore, this study revealed nine new allelic variants at five different loci.     

Alternatives to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: The German Experience

The literature suggests that the main barriers to justice range from a general lack of knowledge about legal rights, and the related prevalent use of technical language within justice systems (which has led to commentators describing law as a 'leviathan'), to a vague 'fear of the unknown'. In Germany the principal barrier is thought to be the problem of funding legal services. Empirical research indicates that the question of whether or not to consult a lawyer is primarily one of cost, although over one–third of potential clients have little idea about lawyers' fees. To find ways to surmount this barrier is therefore of paramount importance for a modern society. In broad terms, there are three potential attitudes to legal costs: reliance on one's own resources; hope for third party assistance (such as legal aid or pro bono ); and insurance. This article concentrates on the last of these three options, comparing, in particular, the systems in Germany and England and Wales.     

Personality under EU Law: A Conceptual Answer towards the Pluralisation of the EU

Although the trend towards pluralisation within the institutional framework of the EU is somewhat reflected in theoretical efforts, legal scholarship's answer remains incomplete. Acknowledging that legal personality is always relative—ie related to a particular legal system—personality under EU Law should be recognised and developed as a distinct category. This allows for reconsideration and rearrangement of inter‐ and intrapersonal relations in EU Law: inter‐institutional agreements can gain firmer legal ground, the recognition of hierarchical structures within the EU executive branch can advance the maintenance of the rule of law, legal protection of the Union's citizens shall be advanced, and options as well as limits to privatising organisation at the EU level shall be formulated. On the whole, methodological self‐reflection along these lines is bound to lead to a valuable contribution of legal research in times of EU crisis.     

Die “history of safe use” im europäischen Gentechnikrecht

Natur und Recht - Die “grüne” Gentechnik ist seit jeher ein spannungsreiches Feld: Während die Befürworter im Interesse hehrer Ziele eine...     

Judgment of age and attractiveness in a paired comparison task: Testing a picture set developed for diagnosing paedophilia

Purpose. The Not‐Real‐People picture set serves as stimulus material for assessing paedophilic sexual interest. The pictures were generated according to five stages of sexual maturation from infancy to adulthood. While experts seem to be able to discern between the pictures based on maturity levels for a nude variant of the stimuli, it remained unclear whether lay persons would be able to reliably distinguish between picture of clothed individuals from various maturity levels. Methods. Heterosexual university students (52 females, 50 males) participated in a paired comparison task, deciding which of the persons shown on two pictures was younger and which one was more attractive. Additionally, reaction times were recorded. Results. Both male and female judges were able to differentiate between stimuli from the opposite sex with regard to age: the perception of the stages of pubertal development conformed to a measurement on a ratio scale. Similarly, the decisions on attractiveness of the categories were in accordance with a ratio scale. Male participants favoured adolescent and adult female stimuli. Contrary to expectation, female participants did not show a preference for any single age category. Conclusions. The stimuli appear suitable for diagnostic purposes. The participants' decisions reflect the inherent maturity levels of the persons depicted. Reaction times in the paired comparison paradigm increase with task difficulty (i.e., similitude of pictures). The implications for indirect measures of sexual interest, based on reaction times, are discussed.     

Data processing by police and criminal justice authorities in Europe – The influence of the Commission's draft on the national police laws and laws of criminal procedure

The proposal for a fundamental reform of the European data protection law, published by the EU Commission on 25 January 2012 is composed of two elements. Apart from a General Data Protection Regulation, the Commission proposes a second regulatory instrument, namely a Directive with regard to data processing by police and criminal justice authorities that shall supersede the Council Framework Decision 2008/977/JHA. This paper seeks to analyse the draft Directive in the context of the entire reform approach and scrutinizes a number of specific issues in regard to the scope, the requirements of data processing, notification duties and data transfer to third countries.     

Noise Trauma Induced by a Mousetrap—Sound Pressure Level Measurement of Vole Captive Bolt Devices

Abstract: While ballistic parameters of vole captive bolt devices have been reported, there is no investigation on their hazardous potential to cause noise trauma. The aim of this experimental study was to measure the sound pressure levels of vole captive bolt devices. Two different shooting devices were examined with a modular precision sound level meter on an outdoor firing range. Measurements were taken in a semi‐circular configuration with measuring points 0° in front of the muzzle, 90° at right angle of the muzzle, and 180° behind the shooting device. Distances between muzzle and microphone were 0.5, 1, 2, 10, and 20 m. Sound pressure levels exceeded 130 dB(C) at any measuring point within the 20‐m area. Highest measurements (more than 172 dB[C]) were taken in the 0° direction at the 0.5‐m distance for both shooting devices proving the hazardous potential of these gadgets to cause noise trauma.