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Altered microRNA (miRNA) expression is a hallmark of many cancer types. The combined analysis of miRNA and messenger RNA (mRNA) expression profiles is crucial to identifying links between deregulated miRNAs and oncogenic pathways. Therefore, we investigated the small non-coding (snc) transcriptomes of nine clear cell renal cell carcinomas (ccRCCs) and adjacent normal tissues for alterations in miRNA expression using a publicly available small RNA-Sequencing (sRNA-Seq) raw-dataset. We constructed a network of deregulated miRNAs and a set of differentially expressed genes publicly available from an independent study to in silico determine miRNAs that contribute to clear cell renal cell carcinogenesis. From a total of 1,672 sncRNAs, 61 were differentially expressed across all ccRCC tissue samples. Several with known implications in ccRCC development, like the upregulated miR-21-5p, miR-142-5p, as well as the downregulated miR-106a-5p, miR-135a-5p, or miR-206. Additionally, novel promising candidates like miR-3065, which i.a. targets NRP2 and FLT1, were detected in this study. Interaction network analysis revealed pivotal roles for miR-106a-5p, whose loss might contribute to the upregulation of 49 target mRNAs, miR-135a-5p (32 targets), miR-206 (28 targets), miR-363-3p (22 targets), and miR-216b (13 targets). Among these targets are the angiogenesis, metastasis, and motility promoting oncogenes c-MET, VEGFA, NRP2, and FLT1, the latter two coding for VEGFA receptors.
In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.
For centuries, it may have seemed as if standards of normative thinking now valid across the globe had first been instituted in Europe. These normative orders form the foundations of our verdicts that define and distinguish right and wrong, good and bad or even beautiful and ugly. But in order to better understand the global presence of such normative orders that evolved from within the European horizon, the history and implications of European expansion in the early modern era cannot be swept under the rug. ...
Thirty years ago, in 1983, Harold Berman’s Law and Revolution: The Formation of the Western Legal Tradition was first published. His work had an enormous impact on legal scholarship all over the world. Many aspects of his central thesis – that there was something akin to a "papal revolution" in eleventh century Europe; that this "revolution" set a pattern for future epochs of transformation; that the special relation between Religion and Law was a distinct feature of the "Western Legal Tradition" – were largely discussed by legal historians, historians and social scientists. Others, like his "Social Theory of Law", received less attention. Although there had been strong criticism by scholars, especially medievalists, on some aspects of Berman’s work, it has become a standard reference in scholarly writings, not least outside of Europe. Since its appearance in 1983, Law and Revolution has been translated into German, French, Chinese, Japanese, Russian, Polish, Portuguese, Spanish, Italian, and Lithuanian. Twenty years later, in 2003, with his project entitled Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition, Berman presented the second volume of what was thought to be a trilogy. Twenty years had gone by, the political world order had changed, but Berman’s main point, the importance of analyzing the role of Religion and Law, and the specific constellation of these two modes of normative thought, had gained new currency. In 2007, Harold J. Berman passed away, but not without having opened his historical and legal thought to the challenges of a globalized world. ...
Introduction: Convivencia(s)
(2018)
How can members of different cultures, religions, and confessions live together peacefully? What rules of coexistence, interaction, and conflict regulation have these communities developed to enable this cohabitation? What role does law play in this? – This is not the first time such questions have been discussed. These questions gain a specific poignancy when it’s not just about taste or cultural preferences but rather concerns an existential dimension like the religious sphere: for instance, when the immanent is observed from the perspective of transcendence. Even the smallest event can lead to major conflicts. ...
The end of an empire is almost always marked with legal acts, which often serve as the founding documents of a new order. There the beginning and the end converge. For example, the constitutional documents of Hispanic America after 1810 simultaneously heralded the dawn of new states and the twilight of the Spanish Empire. Since constitutions and the state institutions they help to build are deeply imbued with symbolic power, they are an important element in constructing, perhaps even in "inventing", nations. They provide raw materials for our regimes of memory and divide history into a "before" and an "after", through which they also exert a stabilising effect. ...
The essay, originally written in German as an introduction to a volume of collected papers, shows the influence of the Historical School of Law on legal, historical and social sciences in Germany throughout the 19th and even 20th centuries – a time span running contrary to the dominate view that sees the end of the School in the middle of the 19th century. In my view the School constitutes not only a method for developing norms of private law out of the historical materials of Roman and German-Germanic laws, but is based on a wider conception of culture, law and history that is also connected to the political positions of that time. In Savigny’s founding pamphlet, "The vocation of our time ...", two major theoretical topics for this long-lasting influence can be found: The Romantic one, which views law as a part of culture and parallel to language and custom, based on the "spirit of the people", and, on the other side, the rationality of the European tradition of Roman law, which was developed and administered by jurists. These two basic points, in part standing in contradiction to one another, form a fertile tension that provides an impulse to the intellectual discussions and new movements in jurisprudence and history analysed in the text. Realism, founded in the connection of both sciences to political and social life, builds a kind of "basso continuo" and acts as a counterbalance to the former two. And it is in this context that the works of Jacob Grimm, Puchta and Beseler, Heinrich Brunner, Georg von Below and others are analysed, in particular the works of Otto von Gierke and Max Weber. Finally, evidence is furnished that a new image of the medieval period, and its impact on law, as a centre of Western identity was outlined in the 20th century by authors like Ernst Kantorowicz, Fritz Kern, Otto Brunner and, last but not least, by Harold J. Berman (walking in the footsteps of Eugen Rosenstock- Huessy), all of whom were situated in different ways within the tradition of the broader, cultural-based Romantic view.
In this concise volume, author and legal scholar Michael Stolleis provides an overview of the development of the modern German welfare state. Stolleis’ analysis focuses on labor law and social policy, while acknowledging the influence of economic, social, and cultural factors thereon. Origins of the German Welfare State does not emphasize a complete understanding of its subject; rather it seeks to provide insight into the development of German social policy in relation to the political/ historical eras in which it finds itself, leading to a deeper understanding of the foundations of social policy. ...
The purpose of this thesis is to examine the passage regime of the Turkish Straits against the background of the evolution of international law, and to discuss the problems of the passage of warships through them in light of the invasion of the Crimean Peninsula by Russia in 2014. With that objective in mind, the thesis reconsiders the history of the straits regime.
The Turkish Straits are regulated by the Montreux Convention of 1936 which contains restrictive and complex provisions regarding the passage of warships. The Straits took their place as “the Straits question” for centuries and today their importance is enhanced by their geostrategic location in the international arena. They have gained greater significance especially since the resolution of Soviet Russia in 1991, as they have become one of the most important and busiest energy corridors of the world. Due to the increase in the transportation of oil, natural gas and other products from the Caspian region through the Straits, the dense traffic and the regulation of the traffic in the Straits has become a key issue between Turkey and user states. Furthermore, the implementation of restrictive provisions for warships caused many debates during the Second World War, the impact of the restrictive provisions of the Convention on the South Ossetia War in August 2008, and the invasion of the Crimean Peninsula in 2014 attracted additional international attention. The Straits took their place on the global agenda of the great powers, especially those of NATO, the United States (US) and Russia. These events have resulted in ongoing and intensive discussions over the revision of the Convention.
Although no legal amendment or modification demand to the Montreux Convention has yet arisen, the new order and geopolitical interests in the Black Sea region show that the Montreux passage regime will continue to be debated by the world’s powers under any given political circumstances. For the time being, however, there will be no alternative route with a view at an adaptation to contemporary needs but methods of treaty modification below the threshold of formal revision as, most importantly, the integration of subsequent practice and subsequent agreement into treaty interpretation.
The Dodd Frank Act of 2010 (DFA) was the legislative response by the US Government to the Global Financial Crisis of 2007. DFA’s rescission of Rule 436 (g) of the Securities Act of 1933 - the exemption from liability clause - was the response to the post-crisis perception that credit rating agencies were insufficiently constrained by reputational risk considerations and consistently failed to provide high quality and accurate credit ratings as a consequence of the immunity they enjoyed and the regulatory reliance placed on ratings, as well as the conflicts of interest that they faced. This paper investigates whether the market failure event that occurred in the Asset Backed Securities market immediately after DFA was signed into law on July 21, 2010 was due to real economic concerns held by rating agencies about operating under a liability regime or whether it was merely an act of brinkmanship on the part of the rating agencies. The paper also predominantly examines US case law to identify the dilution of the freedom of speech defence in state courts, the conflict of interest issues and the legal challenges faced by plaintiffs when bringing a lawsuit against credit rating agencies, and proposes a novel co-pay and capped liability model to address the concerns of both credit rating agencies and investors.