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Aus der Reihe: e-fellows.net stipendiaten-wissen

Max Hieber

Angemessenheit von Abfindungs- und Ausgleichszahlungen auf Basis des Börsenwerts einer Aktiengesellschaft

Um das Jahr 1800 herum wird Jugend zunehmend zum Ziel neuer erzieherischer Forderungen. In Zeiten einer vermeintlich wachsenden Kriminalität junger Menschen rücken Altersgrenzen und Erziehungsverhältnisse in den Fokus - so soll z.B. die richtige Erziehung vorbeugend wirken. Die Beiträger*innen des Bandes betrachten die Konzepte und Ansprüche gegenüber jugendlicher Devianz und Delinquenz in der sogenannten 'Sattelzeit' (1750-1850). Dabei gehen sie auf Quellen ein, die in unterschiedlichen Zusammenhängen zeigen, wie 'verwahrloste' Jugendliche zum Problem erhoben wurden, dem u.a. mit neuartigen Anstalten begegnet werden sollte.

Um das Jahr 1800 herum wird Jugend zunehmend zum Ziel neuer erzieherischer Forderungen. In Zeiten einer vermeintlich wachsenden Kriminalität junger Menschen rücken Altersgrenzen und Erziehungsverhältnisse in den Fokus – so soll z.B. die richtige Erziehung vorbeugend wirken. Die Beiträger*innen des Bandes betrachten die Konzepte und Ansprüche gegenüber jugendlicher Devianz und Delinquenz in der sogenannten »Sattelzeit« (1750–1850). Dabei gehen sie auf Quellen ein, die in unterschiedlichen Zusammenhängen zeigen, wie »verwahrloste« Jugendliche zum Problem erhoben wurden, dem u.a. mit neuartigen Anstalten begegnet werden sollte.

Kriminalisierung und Maßnahmen »der Besserung« im 18. und 19. Jahrhundert

Jugend unter Verdacht

This book offers a wide-ranging exploration of the social and psychological forces that shape human judgment, communication, and conflict resolution, with a particular focus on legal and dispute-resolution contexts. Bridging cognitive psychology, sociology of law, and legal psychology, it provides readers with a coherent framework for understanding how people think, feel, decide, and act when stakes are high.
The volume opens with a solid grounding in cognitive psychology, introducing key concepts such as information processing, attention, memory, and perception. These foundational mechanisms are essential for understanding how individuals construct meaning from complex and often ambiguous situations. The discussion then expands to the emotional sphere, examining basic and social emotions, emotional intelligence, and strategies of emotion regulation, highlighting the central role emotions play in reasoning and behavior.
Subsequent chapters address conflicts and disputes in their many forms, from interpersonal aggression to violence and war, while also exploring pathways toward conciliation and peacemaking. Communication is analyzed not merely as the exchange of information, but as a sense-making and social activity that goes beyond words, incorporating verbal and non-verbal cues, communication styles, and the psychology of persuasion.
Decision-making receives particular attention through both normative and descriptive approaches. The book examines rational choice theory alongside heuristics, cognitive biases, prospect theory, and the dual-system hypothesis, offering practical insight into how errors in judgment arise—and how they can be mitigated.
In its final sections, the book turns to emotions and biases inside and outside the courtroom, methods of dispute resolution with a growing emphasis on consensual approaches, and the social-psychology of key legal actors. Through real cases, the book also illustrates how reasoning, storytelling, creativity, and emotion intersect in the practice of law.

A Socio-Cognitive Perspective on Communication, Emotion, and Conflict Resolution in Legal Contexts

Mind and Law

A former public defender takes us behind the closed doors of America's criminal courts, revealing how the institutions that claim to protect us are doing the exact opposite—and offering a blueprint for finally fixing it. “A searing, compassionate, and utterly necessary book that pulls back the curtain with the clarity of a lawyer and the heart of someone who’s seen the criminal legal system’s devastating consequences up close.”—Michelle Alexander, author of The New Jim Crow As Americans, we are told a rose-tinted story about our criminal courts—that these are the hallowed halls of justice, that the purpose of our legal process is to find the truth, and that those who enforce the law are both equitable and heroic. But what if the reality is purposefully obscured to hide something rotten at the system’s core? In The Price of Mercy, attorney and former public defender Emily Galvin Almanza weaves hard data and unforgettable stories, dark humor and compelling evidence to tell us the truth about what’s really going on behind the closed doors of America’s criminal courts. She shows us how jails actually increase future crime, the dirty tricks police use to make millions in overtime pay, how a man could spend decades in prison because scientists mistook dog hair for his own, the perverse incentives that push prosecutors to seek convictions even when they themselves don’t want to, and how judges may decide cases differently after lunch. We’ll learn what’s working, too: how public defenders can improve public health and even economic mobility, and how planting more trees can reduce a neighborhood’s murder rates. But a lone defender winning a case won’t change the system. Galvin Almanza argues that we need an engaged public to confront the stark reality of our crime-generating, poverty-entrenching, health-destroying legal apparatus and rebuild it into something that can save our collective present and prevent our future from being torn apart. Provocative and eye-opening, The Price of Mercy lifts the curtain on the way our laws really operate and presents a path forward for true transformation of the American criminal court system. Justice, and the law itself, is not some static thing. It is something enacted together, decision by decision, in acts of inhumanity or mercy.

A former public defender takes us behind the closed doors of America's criminal courts, revealing how the institutions that claim to protect us are doing the exact opposite—and offering a blueprint for finally fixing it. “A searing, compassionate, and utterly necessary book that pulls back the curtain with the clarity of a lawyer and the heart of someone who’s seen the criminal legal system’s devastating consequences up close.”—Michelle Alexander, author of The New Jim Crow As Americans, we are told a rose-tinted story about our criminal courts—that these are the hallowed halls of justice, that the purpose of our legal process is to find the truth, and that those who enforce the law are both equitable and heroic. But what if the reality is purposefully obscured to hide something rotten at the system’s core? In The Price of Mercy, attorney and former public defender Emily Galvin Almanza weaves hard data and unforgettable stories, dark humor and compelling evidence to tell us the truth about what’s really going on behind the closed doors of America’s criminal courts. She shows us how jails actually increase future crime, the dirty tricks police use to make millions in overtime pay, how a man could spend decades in prison because scientists mistook dog hair for his own, the perverse incentives that push prosecutors to seek convictions even when they themselves don’t want to, and how judges may decide cases differently after lunch. We’ll learn what’s working, too: how public defenders can improve public health and even economic mobility, and how planting more trees can reduce a neighborhood’s murder rates. But a lone defender winning a case won’t change the system. Galvin Almanza argues that we need an engaged public to confront the stark reality of our crime-generating, poverty-entrenching, health-destroying legal apparatus and rebuild it into something that can save our collective present and prevent our future from being torn apart. Provocative and eye-opening, The Price of Mercy lifts the curtain on the way our laws really operate and presents a path forward for true transformation of the American criminal court system. Justice, and the law itself, is not some static thing. It is something enacted together, decision by decision, in acts of inhumanity or mercy.

Unfair Trials, a Violent System, and a Public Defender's Search for Justice in America

The Price of Mercy

From the rise of China as a technological superpower, to wars on its eastern borders, to the belief that the US is no longer a reliable ally, the European Commission sees the world as more unstable than at any other time in recent history. As such, the Commission has become the Geopolitical Commission, working to serve the interests of the Geopolitical Union. Central to many of these conflicts is technology - who produces it, where it is produced, and who controls it. These questions are central to the Commission's pursuit of digital/technological sovereignty, Europe's attempt to regain control of technology regulation. Focusing on topics such as setting technological standards, ensuring access to microchips, reining in online platforms, and securing rules for industrial data and AI, this book explores the EU's approach to lawmaking in this field; increased regulatory oversight and promotion of industrial policy at home, while exporting its rules abroad.

Europe's Attempt to Take Back Control of Technology Regulation

Geopolitical Union

Mohr Siebeck Lehrbuch

The textbook-now in its 13th edition and based on many years of teaching-addresses students and other lawyers with an interest in company law. It is aimed in particular at students specializing in this field who wish to acquire more in-depth knowledge. Hans-Friedrich Müller has taken over the latest revision from Barbara Grunewald, updating the text to reflect the state of the law as of December 2025.

13., vollständig überarbeitete Auflage

Gesellschaftsrecht

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

Great Debates in Public Law

Elizabeth Baxter has heard it all. Thieves, rapists, drug dealers, burglars, murderers, abusers and arsonists - they've all confided in her.

Some are harder to shake than others. There's sweet, baby-faced Stella who hurled a brick through her ex's window and threatened to cut off his... well, you get the picture. Jake, who burned down his grandfather's shed and prized model railway collection. And who could forget Steve, who set up a complex marmite-based distillery in his cell. The moonshine wasn't for drinking though, but for cleaning. He remains, in Elizabeth's professional opinion, Britain's most fastidious murderer.

Recalling her twenty-five years in Britain's probation service, Elizabeth Baxter offers a fresh perspective on care within the criminal justice system. Warm and humane, A Murderer's Guide to Cleaning pays tribute to the work of probation officers everywhere, who not only protect the public, but often act as the final safety net for society's most vulnerable, from teenage asylum seekers to survivors of domestic abuse.

And Other Stories From My Life As A Probation Officer

A Murderer's Guide to Cleaning

Schriften zum Recht der Digitalisierung

Stablecoins represent the next level of innovation in the crypto sector. In contrast to volatile crypto assets, they promise lasting stability, typically in relation to an official currency. In the absence of central bank digital currencies, they act as a functional image of central bank money in the crypto asset ecosystem and add a new form of money to the private monetary landscape. In this context, Felix-Julius Konow examines the European regulatory concept for stablecoins and compares the newly created e-money tokens with demand deposits, e-money and money market funds. They are characterized by their convertibility into central bank money at any time. Conversely, there are differences in the possible safeguarding concepts for the funds accepted. For e-money tokens, this interplay identifies their specific weaknesses that favor run risks, and regulatory proposals are presented to close these gaps.

Die Regulierung von E-Geld-Token der MiCAR zwischen Buchgeld, E-Geld und Geldmarktfonds

Stablecoins und Aufsichtsrecht

Why socially responsible investment promises to make investors richer and the world better—but fails at both. Wall Street thrives by telling investors that clever financial strategies can reverse the trade-off between corporate profits and social progress. But the link between greater corporate social responsibility and improved financial performance is an illusion. Profit vs. Progress dissects the massive $30 trillion “socially responsible” or “sustainable” finance industry—and finds the emperor has no clothes. At best, sustainable investing typically delivers average rates of financial and social returns. But it makes social and environmental crises harder to overcome, by using financial gimmickry to distract our attention from real solutions. Author Brad Swanson argues that corporations in competitive markets act without moral values, and ethical investment can’t prod them to take greater social responsibility. The only way to change the outcome of the game is to change the rules. The solutions will have to come from legislatures, not corporate boardrooms. Swanson calls for public policies to make businesses better serve all of society, not just their shareholders—without blunting their edge. His recommendations include breaking up the cartel of large asset managers, rebuilding the influence of organized labor, curbing the rapacious behavior of the private equity industry, and eliminating the conflict of interest that pits corporate directors against the greater good of the community. The author shows that in previous eras of social crisis caused by corporate excess, meaningful reforms emerged through the political process. Today as well, the path forward is clear—if we have the will to follow it.

Why socially responsible investment promises to make investors richer and the world better but fails at both.

Why Socially Responsible Investment Doesn't Work and How to Fix It

Profit vs. Progress

With the promise of greater efficiency and effectiveness, public authorities have increasingly turned to algorithmic systems to regulate and govern society. In Algorithmic Rule By Law, Nathalie Smuha examines this reliance on algorithmic regulation and shows how it can erode the rule of law. Drawing on extensive research and examples, Smuha argues that outsourcing important administrative decisions to algorithmic systems undermines core principles of democracy. Smuha further demonstrates that this risk is far from hypothetical or one that can be relegated to authoritarian regimes, as many of her examples are drawn from public authorities in liberal democracies that are already making use of algorithmic regulation. Focusing on the European Union, Smuha argues that the EU's digital agenda is misaligned with its aim to protect the rule of law. Novel and timely, this book should be read by anyone interested in the intersection of law, technology, and government. This title is also available as open access on Cambridge Core.

How Algorithmic Regulation in the Public Sector Erodes the Rule of Law

Algorithmic Rule By Law

How new technology is rapidly changing the nature of money and the way we pay A diverse and growing range of financial institutions and platforms--from PayPal and Venmo to WeChat, Alipay, and the brave new world of stablecoins--has harnessed new technology to disrupt the system of money and payments as we know it. Beyond Banks explains why this disruption holds out the promise of faster, cheaper, more convenient, and more secure payments, but also how it increasingly risks exposing consumers, businesses, and governments to the problem of bad money. Dan Awrey traces the origins of our current bundled system of banking, money, and payments. He explains why the problem of bad money--the result of antiquated and inadequate laws and regulation that fail to establish credible commitments to hold, transfer, or return a customer's money on demand--requires that policymakers fundamentally rethink their approach toward the design of the laws and institutions at the heart of this system. He presents ways to effectively unbundle banking from money and payments, ensure the credibility of monetary commitments, and promote the stability of this system. Awrey also envisions a more forward-looking role for policymakers in encouraging greater technological experimentation, competition, and innovation in the realm of payments. Beyond Banks sheds critical light on the important but too often dysfunctional relationship among technology, regulation, and money, and lays the foundations for a safer, more nimble, and more inclusive system of money and payments.

Technology, Regulation, and the Future of Money

Beyond Banks

“Just as much an investigator as a memoirist, Nevils attempts to tunnel through the lurid details and the #MeToo boilerplate and unearth something much knottier.” —The Atlantic A powerful and personal examination of our most persistent and dangerous misunderstandings, myths and stereotypes about sexual harassment and assault In 2017, Brooke Nevils made a confidential HR complaint about one of the most powerful and familiar faces in media. Twenty-four hours later, the highest paid morning news anchor in history was fired, stunning millions of Americans in one of the MeToo era’s defining stories. Demanding answers—and the intimate details of the most personal and painful humiliation of her life—the press soon discovered her identity. But hers was not the kind of black-and-white story the media knew how to tell. There’d been no explicit threats. She hadn’t screamed, fought, or gone to the police. Instead, she returned to her abuser again and again in a frantic attempt to “fix” an impossible situation that threatened her livelihood and the people closest to her. Yet as MeToo unfolded, Brooke learned that messy stories like hers were far from the exception, and that nearly everything she’d believed about sexual harassment and assault—and how victims react to it—was wrong. She began a yearslong effort to confront and understand her own experience, not simply as a woman reckoning with her past, but as a journalist confronting the critical questions that MeToo asked but ultimately left unanswered. Through groundbreaking interviews with leading clinicians, forensic professionals, attorneys, and frontline researchers, Unspeakable Things challenges our understanding of consent, power, and the lingering, often misunderstood effects of trauma and shame. Despite its rarefied setting at the height of fame, power, and American media, Brooke’s story serves as a textbook example of an all-too-common scenario that continues to devastate lives and enable abusers. This book is a powerful re-examination of everything we think we know, the start to a new conversation, and—for anyone who has ever felt ashamed, hopeless, alone, and afraid—a light in the dark.

A powerful and personal examination of our most persistent and dangerous misunderstandings, myths and stereotypes about sexual harassment and assault In 2017, Brooke Nevils made a confidential HR complaint about one of the most powerful and familiar faces in media. Twenty-four hours later, the highest paid morning news anchor in history was fired, stunning millions of Americans in one of the MeToo era’s defining stories. Demanding answers—and the intimate details of the most personal and painful humiliation of her life—the press soon discovered her identity. But hers was not the kind of black-and-white story the media knew how to tell. There’d been no explicit threats. She hadn’t screamed, fought, or gone to the police. Instead, she returned to her abuser again and again in a frantic attempt to “fix” an impossible situation that threatened her livelihood and the people closest to her. Yet as MeToo unfolded, Brooke learned that messy stories like hers were far from the exception, and that nearly everything she’d believed about sexual harassment and assault—and how victims react to it—was wrong. She began a yearslong effort to confront and understand her own experience, not simply as a woman reckoning with her past, but as a journalist confronting the critical questions that MeToo asked but ultimately left unanswered. Through groundbreaking interviews with leading clinicians, forensic professionals, attorneys, and frontline researchers, Unspeakable Things challenges our understanding of consent, power, and the lingering, often misunderstood effects of trauma and shame. Despite its rarefied setting at the height of fame, power, and American media, Brooke’s story serves as a textbook example of an all-too-common scenario that continues to devastate lives and enable abusers. This book is a powerful re-examination of everything we think we know, the start to a new conversation, and—for anyone who has ever felt ashamed, hopeless, alone, and afraid—a light in the dark.

Silence, Shame, and the Stories We Choose to Believe

Unspeakable Things

Angemessenheit von Abfindungs- und Ausgleichszahlungen auf Basis des Börsenwerts einer Aktiengesellschaft

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