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Die Privatautonomie ist ein zentrales Strukturmerkmal des deutschen Zivilrechts und eng mit der Vertragsfreiheit verwoben. Doch was macht die Privatautonomie konkret aus, in welchem Verhältnis steht sie zur Vertragsfreiheit und können beide losgelöst voneinander in einer Rechtsordnung verwirklicht sein? All diese Fragen, welche die grundlegenden Merkmale unseres geltenden Zivilrechts betreffen, stellen sich, wenn man sich der Frage widmet, ob es im Zivilrecht der DDR Privatautonomie gab. Der Blick zurück lohnt, auch um das geltende Zivilrecht und seine Strukturmerkmale noch besser zu verstehen.
Bibliometric analysis of research publications would be the basis of the present study which would therefore highlight the inter linkage between the already existing researches which mainly talk about the concept of taxation with respect to it in the sphere of exemption of taxes from a set of organizations. The frequency of the publication on the same would be determined. Keeping in track the frequency of publications about the said exemptions and tax regimes. The topic clearly hasn't got much attention from the researchers. The data was collected from the Scopus and Web of Science database and has been analysed using VOSviewer software. The literature review which was pursued was gathered respectively in order to understand the concept of taxation of these charitable trusts and religious institutions. The study consists of a total of 1773 documents from Scopus and 617 documents from Web of Science (English) which are classified into articles, letters, books and editorial reviews etc. The data which is collected on the same lines would be analysed by the researchers using graphs, tables and charts.
This article provides an overview and critical assessment of WIPO ALERT. It locates this initiative in the broader context of transnational IP enforcement schemes on the Internet. These initiatives are classified into two categories according to their point of attachment and geographical effect. Whereas source-related measures (e.g. website takedowns) tend to have a transnational and possibly even a global effect, recipient-related measures (e.g. website and ad blockings) typically mirror the territorially fragmented IPR landscape. This fragmentation is where WIPO ALERT comes into play. It can be understood as a matching service which interconnects holders of information about copyright infringing websites (“Authorized Contributors”) and actors of the online ad industry who want to avoid these outlets (“Authorized Users”). The critical assessment of WIPO ALERT calls for more transparency and the establishment of uniform substantive and procedural standards that have to be met if a new “site of concern” is added to the global ad blacklist.
Epidemiegesetz : Entwurf eines Gesetzes zur Neuordnung der Rechtsgrundlagen der Epidemiebekämpfung
(2023)
This article provides an overview of the current state of the regulation of disinformation in the EU. It shows that the concept of disinformation, the purpose of anti-disinformation measures and their content and enforcement can only be understood if a holistic view is taken of private, hybrid-co-regulatory and public-law norms. The delicate field of disinformation is to a large extent dealt with outside of statutory law. The questions raised thereby are largely unresolved.
Climate crimes – a critique
(2023)
This paper aims on taking a critical approach to the emerging debate on climate criminal justice, that is mostly about something labeled „climate criminal law“ („Klimastrafrecht“). The critique is directed at climate crimes intended to protect our habitable climate („Klimaschutzstrafrecht“) or to prevent climate change („Klimawandelpräventionsstrafrecht“) staged as transformational criminal law. “Fighting" climate change with climate crimes can lull us into deceptive certainties and by extension into perilous idleness; and it will do so if we think of climate protection essentially in terms of traditional criminal law. Climate crimes are based on the idea that we can counter climate change with the "sharpest sword" available to a polity (cf. the German and Continental European ultima-ratio principle) and that we can thereby also get hold of "the powerful". But these certainties rest on but normative (and at heart: liberal) doctrines, which are deceptive in having lost touch with the realities of the administration of criminal justice. They obscure that more effective measures are available to mitigate the climate crisis and that "the powerful" will likely be shielded with and by climate crimes. Therefore, the climate crimes approach to the climate crisis may just turn out to be (self-)appeasement. It obfuscates that more effective measures are likely necessary to avert impending crises. Our critique is therefore not "only" directed at the symbolic, but the dysfunctional and "dark side" of climate crimes.
Es gab viel Kritik an der Vorgehensweise des Gesetzgebers während der Coronazeit. Um für künftige Epidemien besser vorbereitet zu sein, hat die Frankfurter Rechtswissenschaftlerin Prof. Andrea Kießling gemeinsam mit Dr. Anna-Lena Hollo (Hannover) und Johannes Gallon (Flensburg) einen Entwurf für ein Epidemiegesetz vorgelegt – als Diskussionsgrundlage für Rechtswissenschaft und Politik.
Industry concentration and markups in the US have been rising over the last 3-4 decades. However, the causes remain largely unknown. This paper uses machine learning on regulatory documents to construct a novel dataset on compliance costs to examine the effect of regulations on market power. The dataset is comprehensive and consists of all significant regulations at the 6-digit NAICS level from 1970-2018. We find that regulatory costs have increased by $1 trillion during this period. We document that an increase in regulatory costs results in lower (higher) sales, employment, markups, and profitability for small (large) firms. Regulation driven increase in concentration is associated with lower elasticity of entry with respect to Tobin's Q, lower productivity and investment after the late 1990s. We estimate that increased regulations can explain 31-37% of the rise in market power. Finally, we uncover the political economy of rulemaking. While large firms are opposed to regulations in general, they push for the passage of regulations that have an adverse impact on small firms.
We contribute to the debate about the future of capital markets and corporate finance, which has ensued against the background of a significant boom in private markets and a corresponding decline in the number of firms and the amount of capital raised in public markets in the US and Europe.
Our research sheds light on the fluctuating significance of public and private markets for corporate finance over time, and challenges the conventional view of a linear progression from one market to the other. We argue instead that a more complex pattern of interaction between public and private markets emerges, after taking a long-term perspective and examining historical developments more closely.
We claim that there is a dynamic divide between these markets, and identify certain factors that determine the degree to which investors, capital, and companies gravitate more towards one market than the other. However, in response to the status quo, other factors will gain momentum and favor the respective other market, leading to a new (unstable) equilibrium. Hence, we observe the oscillating domains of public and private markets over time. While these oscillations imply ‘competition’ between these markets, we unravel the complementarities between them, which also militate against a secular trend towards one market. Finally, we examine the role of regulation in this dynamic divide as well as some policy implications arising from our findings.