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Chinese Learning Resources

 THE CHINA FILE

Some of you may know I am learning Mandarin Chinese. Since some of you may also be learning that language I wish to provide you a list of great Mandarin teachers and resources. I order these from “easiest” i.e. beginner to hardest. I then provide a detailed review: they are all excellent in different ways. First, a disclaimer: I have not been paid by any of these teachers nor have I been given any discounts on their works. Links to all these Mandarin teachers and other teachers who I enjoy follow this post.

Learn Chinese With Emma
Yang Yang / YoYo Chinese
Chinese Pod
New Concept Mandarin
XM Mandarin
Angel Huang
Mandarin Corner
Xue Bai

Learn Chinese With Emma is really oriented toward young children, but is great. Emma teaches colors, numbers, and is really a great teacher, especially for the beginner or children.

Yang Yang / YoYo Chinese is a “celebrity teacher”. Most of her best work is Mandarin to English, i.e. ESL. She does do great CSL work. Much of her work for CSL is at HSK1 or HSK2. Some of it is more advanced. Her works are “free samples” for her subscription site, like most of the reviewed works here. Yang Yang is really interesting to study to learn teaching techniques. She really combines the  best of Chinese and American teaching methodology and is a must see if you are a teacher, especially if you do ESL or CSL. She is also a great dancer and good singer.

Chinese Pod: Chinese pod is really accessible. The main teacher there is Fiona Tan, who is I guess Scottish+Chinese=Awesome. Some of her videos are with her sister Iona. She also teaches with Constance. I guess she is based in Taiwan: her more recent works use simplified and traditional characters. Her earlier works used only traditional characters. If you are new to Chinese do not worry about simplified versus traditional: they are so similar that you will usually not notice the difference. Much of Chinese pod’s works are about HSK2 or HSK3. Some, exceptionally, are about HSK4.

Emma, Yang Yang, and Fiona are all fun to watch and effective teachers. Not “scholarly” but that’s not really possible at HSK1/HSK2 anyway. If you are learning Chinese for a business trip use them and also New Concept Mandarin to get your polite self-introductions, food-ordering, and basic directions learned.

Chelsea Bedroom Chinese: Chelsea is silly and fun and really dramatic. Not scholarly but somewhat artistice. Her tellings of Chinese mythology are amazing! So is her acting style. Use Chelsea’s materials for a fun break from serious studying. She does teach grammar and vocabulary and is a great teacher. HSK2/HSK3.

New Concept Mandarin: NCM uses “flipped learning”. Their online works are good lessons at HSK1-HSK3 levels. To really benefit from them you should take their courses. Flipped learning is the idea that the student drives the teaching experience and that the teacher guides and incites their curiousity. In Flipped Learning the student does most of their studying outside of the classroom, the classroom experience is meant to confirm and if necessary correct the student’s learning. NCM explains this methodology in detail on one of their videos. Again, a must-see for teachers, especially for language teachers. It is a really interesting method of teaching and if you are near them you should sign up for their courses. They probably teach by skype too.

XM Mandarin: XM Mandarin is around HSK3-HSK4. Xiao Min has a great voice (so do all the other teachers here) and her materials are really good. What I really love about XM is they use songs to teach Mandarin, with extensive lyrics and explanations so you really understand what the song is singing. Xiao Min is really disciplined and puts a lot of thoughtful effort into teaching. She is not “shiny bells and whistles” but is dedicated and effective as a teacher. This is where it starts to get “scholarly” and even artistic! She’s amazing.

Angel Huang: she has a really great teaching name, and is kinda like an angel in  that she does some really effective teaching. She offers 150 videos teaching the 1500 most common character/words in Chinese. It takes discipline because it is only in Chinese, with English subtitles but if you watch her over and over again (and like all the other people here she’s pretty) you WILL learn those characters. HSK3/HSK4

Xue Bai: Here it is really best for HSK 4 and up. Lots of reading, fairly scholarly, a great resource. HSK4 and up!

Mandarin Corner
This one is awesome MC teaches HSK1-HSK5 and if you are preparing to take the HSK she is the best to use for learning and review. She defines the word, gives the English translation, and then uses it in a Chinese sentence. Twice. Very disciplined. Very pretty. Very effective.

All these teachers offer subscription only services. You should try their works and then if you like them by all means subscribe. They are all wonderful teachers and must be great people IRL. You can probably do one-on-one skype learning with them or their colleagues. I should not be biased but these are all really beautiful people in every way.

 

Chinese Sentence Structure – Chinese Grammar Simplified 101 – YouTube

This video is not particularly well made, however it does illustrate an important point of Chinese grammar and also gives some indication why Chomsky argued for generative grammar, yet at the same moment refutes generative grammar.

One generally observes in all languages the grammar pattern:
Subject-Verb-Object for declarative sentences
(Subject)-Verb-(Object) for imperative sentences
Verb-Subject-Object for interrogative sentences.

However, these patterns, though they do occur generally are not universally observed. Passive voice for example allows an inversion of object-verb-subject. Passive voice appears to exist in all observed languages which I know. Heavily inflected languages are the least bound by SVO convention and inflections enable any of the six possibilities of SVO SOV VSO VOS OSV OVS to be formed.

Even if SVO were universal – and it is not – it is riddled with exceptions and qualifications. Do indirect/dative objects appear before or after direct/accusative/partitive objects? Is the language inflected or not? What about time and manner, do they appear before or after the object? Time and manner do appear to generally occur in that order, but that order may be varied for emphasis or poetic effect.

There are so many obvious variations among languages that the idea of a universal generative grammar, though tempting due to the genetic bottlenecks in human history, is empirically false. The take home message of this video is that Chinese grammar, unlike English, tends to be organized as
STPVO

Subject-Time-Place-Verb-Object.

How to Answer Yes and No in Mandarin Chinese? – YouTube

I saw this video

and it reminded me of another empirical disproof of Chomsky’s theory of generative grammar. One might intuitively think that “yes” and “no” are two very fundamental aspects of any language. Indeed, when learning or teaching languages I advise your first two words should be “yes” and “no”. Ok seems to have become an international word since the 1990s, which proves the tendency of dialects and languages to merge back to each other with improved communication. While Chomsky and his followers might argue that the linguistic convergence is due to the universal nature of generative grammar I disagree. Languages likely did emerge from one common tongue as seen in Hebrew and Hindu myths, and likely in other myths – mythology is oral prehistory. However, language arose from one common tongue due to a genetic bottleneck.

We can see all this from the fact that even a basic element such as “yes” or “no” is not common in languages today. For example, in French we have “si” and “oui” for yes. This isn’t merely langue d’oc, i.e. southern versus northern French. Rather, “si” to me reflects an affirmation of what the questioner has asked, not an affirmation that one is in fact certain; that is, “si” is more uncertain than “oui”. “Are you alive?” “Si.” “Do you believe in the one true God?” “Oui”. In Chinese we most usually repeat the verb which was used in the question:
“Do you know him?”
“Know him.”

ni3 ta1 ren4 shi ma? 你他认识吗?
认识.
One can however use bu4 不 as a negation and shi4 de 是 的 as an existential affirmation.

We can easily observe many grammatical divergences which resulted from the migrations and isolations of human tribes from each other since -150,000 years ago. These disprove the theory of generative grammar since they are sufficiently divergent as to be unable to be expressed in a single recursive grammar. Since these divergences appear to have arisen despite the one-time universal language they attest to the fact that language is a social construct, not a neurological inevitability — and thus by extension is not limited to the human species, and only the human species. Chomsky’s theory of generative grammar is simply wrong and empirically refutable.

Empirical Evidence in Support of Chomsky’s Theory of Generative Grammar?

Chomsky argues that there is a meta-grammar, a grammar-of-all-grammars, inherent to human language, which he calls “generative grammar”. His idea of a recursive function which describes all human language is theoretically intriguing, but empirically fairly readily falsified. In earlier posts I pointed to features of gramma unique to some languages, yet not found in others. Examples include, but are not limited to: declension of nouns, conjugation of verbs, presence, absence, and use of articles, prepositions or post-positions, nouns-as-verbs, compound-nouns, tonality, gender or gender neutrality, particles. Some of these features are not part of the English language, which is why you may never have heard of or considered them. Note that Chomsky appears only to speak English, French, and Hebrew, and that English is a bastard language; basically Germanic nouns for common items, a largely simplified Germanic grammar, with Latin terms for any advanced concepts. This is to say he lacks the empirical foundation to carry his argument.

Although I reject his generative grammar hypothesis I wish in this post to describe some language features which appear to me to be common to all languages I have studied, which is very few in comparison to the roughly 35,000 languages on Earth. However, my languages are representative of the three main trunks of Indo-European (Germanic, Romantic, Slavic) as well as two non IE langugages – Estonian and Mandarin.

One structure which appears fairly consistent accross languages is the use of the subject-verb-object SVO format for declarative and imperative sentences. In contrast, question sentences (interrogatives) only sometimes use the format VSO. Chinese for example relies on question particles such as “ma” and “ne” which allows the sentence to retain SVO form. Furthermore even within SVO there are wide variants on the word order: do indirect objects precede or follow direct objects? What about temporal elements and negation? Temporal elements, negation, and direct/indirect object placement vary between languges.

This post however caught my eye because it does confirm something intuitively common to me based on my language knowledge so far: the time-manner-place-object structure. In Mandarin sentences generally can be fit into this form:
Subject-TIME-MANNER-PLACE-negation-auxiliary-verb-complement-OBJECT

This is still very far from Chomsky’s idea that there be a recursive grammar which describes all human grammar and that this generative grammar is inherent to the human, and only the human. However, SVO is consistent with my positions:
1) The human species suffered a near-extinction event some 150,000 years ago.
2) This near-extinction events resulted in a genetic bottleneck.
3) This genetic bottleneck was sufficiently narrow that humans at one point in history had only one language: proto-world.
4) Proto-world in turn evolved into Nostratic, and then Indo-European

These observations are consistent with genetics, mythology (e.g. tower of Babel), and the observed empirical facts of human language. They better explain the few common elements we can occasionally observe among human languages than Chomsky’s unproven hypothesis. When a hypothesis is empirically falsified we reject it, particularly when a more accurate hypothesis better fits the facts.

I point out the SVO structure partly in fairness to Chomsky, though even with SVO we quickly observe variances to contain nuance. Human language tends to use SVO for declarative sentences but readily admits exceptions. E.g.
“The ball I threw is now on the floor” OSVO
“That is the dog I walked”. OVS

In all I regard Chomsky’s generative grammar thesis as interesting more for what it says about scientific production than on its own terms: as a thesis it is untenable due to empirical falsification. As an example of the limits and possibilities of the scientific method it interesting.

Chinese-English Law Dictionaries Free and Online

I see that there appears to be an inner-party struggle within the Chinese Communist Party. I would like to see less corruption, more rule of law because that is in the interest of all people.

Hopefully understanding that will make the U.S. Navy feel better about China’s refusal to accept a courtesy call from the USS  Stennis. It is likelier an expression of uncertainty within the Chinese Communist Party, rather than an extension of known friction between the U.S. and China regarding Chinese insular claims, a topic I posted on earlier today.

 

Meanwhile, I am learning Chinese. This is a placeholder link-list.

https://www.statecourts.gov.sg/TBD/Documents/Glossary_EnglishChinese.pdf

http://dictionary.reverso.net/english-chinese/law

http://english.sipo.gov.cn/laws/lawsregulations/201101/t20110119_566244.html

http://www.legislation.gov.hk/eng/glossary/homeglos.htm

http://www.legalglossary.ca/dictionary/

http://www.chinalawblog.com/2012/10/chinese-english-translation-of-fifty-common-legal-words.html

www.nyc.gov/html/oath/downloads/pdf/TranslatingJusticeChinese.pdf

https://www.translegal.com/legal-english-dictionary

https://www.statecourts.gov.sg/TBD/Documents/Glossary_EnglishChinese.pdf

Animals and Language – Nim Chimpsky

I have recently started reading about animals and language. Animal use of language is really interesting to me. However, I don’t regard it as an area where significant breakthroughs in social science or natural science, unless of course we eventually encounter an alien civilization, intelligent life from some other planet.

In the context of the generative grammar hypothesis one interesting thing is that animals do not use their limited human language communicative ability to ask questions. This is interesting because it parallels Aristotle, who regarded animals as having only vegetative functions. For Aristotle, the natural slave can “apprehend, but not form questions”. So the fact that animals rarely or never appear to pose questions to humans may be a warrant for generative grammar. Likewise, it appears that animals trained to use human language do not do so using grammatical rules. That too is a warrant for Chomsky’s argument. However, those warrants are still far from any proof of the generative grammar hypothesis, and do not contrary the various observed grammatic divergences which tend to disprove generative grammar.

Chomsky, recall, argues that language is like a self-similar self-extracting archive, a recursive i.e. self referential structure, and that this structure is universal. I do not believe I have misread or misunderstood Chomsky’s thesis. He argues that all human grammars can be modelled using one function; that function, if it existed, could be better modelled recursively than iteratively. However, I have pointed out lots of instances of divergences in human grammar which could not arise were all grammatical structures self similar. Chomskys’ generative grmamar would be a meta-grammar which would account for both pre-positions and post-positions as well as for languages which do not use tenses and those which do, and which also accounts for languages which do or do not use cases, and if so which cases. Well, it is perhaps mathematically possible to make such a meta grammar. However, it is also possible to model the universe using a heliocentric model. The math however is needlessly complicated. Occam’s razor and similar heuristics indicate that a simpler theory which acounts for all the observed data is better than a more complex one. The theory that all language grew out of a nostratic model but then evolved in radically different directions is simpler, has at least as much explanatory value, and actually corresponds to the observed linguistic facts.

The limits on the trained instances of human cognizable language used by animals are
1) no questions
2) no grammar
while *consistent* with Chomsky’s generative grammar hypothesis but are not a *proof* of it. Chomsky argues that human grammar is universally the same, i.e. inherent. These findings in animal language do not contrary that. However, they are not inconsistent with the nostratic-evolutionary hypothesis which I am presenting as a better more accurate explanation of the origins of language and evolution of grammar. If generative grammar were true then grammars would not evolve. However, grammars do evolve as can be seen even within the English language.

泰山

I saw that Dershowitz, whom I believe Finkelstein accused of plagiarism, has settled the lawsuit against him for rape. I’ve no idea of the merits or lack thereof in the rape accusation, though I do think the plagiarism accusation is inexact.

Like I said, I am not Finkelstein.

In a similar vein, vigenerable name, Lewin Carol wrote a book of some fame. It’s wonderous topic? Logical games!
https://ia802707.us.archive.org/1/items/gameoflogic00carrrich/gameoflogic00carrrich_bw.pdf

I have not written here yet about game theory: mostly I am concerned about the Solomon islands problem (dominant strategy with information constraints) and the Monty Hall puzzle. I promise to say somethings about one or both in the next post, likely tomorrow.

Carol’s game is meant to teach propositional logic, and can be played solo. I don’t think it would be too useful for the LSAT, but I could be wrong and it might be a fun and whimsical way to get into logic, a field which I only studied formally after my  undergraduate degree in politics – and which all would-be jurists must master. I do not regard the LSAT logical games section as a good predictor for aptitude in law.  I regard it as one more selector for social class. Why the legal system thinks, or thought, that legal knowledge should be limited to the governing elite escapes me.

I tend not to comment on Chinese domestic law, because I do not yet speak Chinese. Thereto, fellow language learners might enjoy this quiz on Chinese characters. I hope to have time to mark it up so that it will be more useful. http://mindworksa.atlervista.org/learnchinese

Of course, one day I will study Chinese law, but only after attaining at least minimal proficiency in Mandarin. Despite my prudent reticence I note that I was disappointed that the court dismissed their claim for civil union. People should be free to organize their private affairs, generally speaking. The litigants plan to appeal. I will not comment on that further because 1) the language is still beyond me 2) I am still not sufficiently acquainted with Chinese law. I am however certain that Maoist theory regards same sex relations as legitimate. Although I have not read Mao directly addressing mentioned homosexuality or transsexuals the fact is Mao upheld equal rights of men and women, ending foot binding, forced prostitution, and increasing women’s literacy.
Likely, Mao was a terrible economist. He was certainly a brilliant general. Successors to Maoism in the West claim the right not only to equality of men and women but also of homosexuals, heterosexuals, and transsexuals.

I would prefer, if possible, not to talk about Chinese political theory publicly. I do not yet have the linguistic or political expertise to do so, despite having a very deep understanding of Marxism, Leninism, and Maoism. It would be imprudent, possibly presumptuous or rude of me, and I might even be naive. I try only to comment on social problems in ways which will be helpful and know very well.

I plan to build some quizzes. I found this quiz / survey on economics and investing really well done. http://incomeiq.schroders.com/en/uk/investor/behavioural-finance/?utm_source=Taboola&utm_medium=Content&utm_campaign=incomeIQUK

Well, I hope you enjoy mindworks! 🙂

好好              学习,    天天          向上
Hǎo hǎo    xuéxí,   tiāntiān xiàngshàng

Gender, Sex, and Language

I have not written about gender and sex in language partly because gender and sex strike me as ridiculously stilted and obvious constructs, not unalterable  natural phenomena but instead very human and thus malleable. Of course, I do not live in a gender binary, so things which might escape those who do are obvious to me. Still, I don’t usually bother to vector my arguments through gender, except to point out the fact that gender is a social construct which occurs across a spectrum, just like sex, one of the material bases of gender also ranges through a spectrum. Work is the other material fact of gender. Sex and gender are sufficiently conflicted that it is sufficient to point out that they are social constructs to defuse or even resolve varieties of social conflicts which involve sex or gender.

So I did not raise the gender and sex aspects of linguistics that also refute Chomsky’s generative grammar thesis till now.

Another couple of empirical refutations of Chomsky’s generative grammar thesis are seen in gender and articles. Some language have gender, others do not. For example, in Estonian nouns are not gendered, nor or personal pronouns. Tema (formal) Ta (informal) indicate he or she. Likewise, in spoken mandarin Chinese there is no difference between the pronouns “ta” for he or she. Gender is a social construct just like language is which is revealed in a serious study of foreign language.

It is of course interesting that Chinese and Estonian the word “ta” means he or she: a refutation of generative grammar is not necessarily a refutation of the nostratic hypothesis of the origins of human language. However, if generative grammar were  true — and as I am showing, it is not — then the nostratic thesis would necessarily follow.

What about articles, words like “a”, “an” or “the”? In some languages they exist, in other languages they do not exist. Meanwhile, in those languages which have articles some languages gender the articles, others do not, and some languages inflect their articles to reflect case, whereas others do not. In English articles are no longer inflected. In German they are. In Estonian, Russian, and Mandarin Chinese articles do not exist. One can approximate the use of articles in those languages by the use of “one” or “that”.

Again, those are empirical facts which refute Chomsky’s theory of generative grammar.

I believe I have already pointed out that different languages use fairly different structures for indicating tense.

The only aspects of grammar which appear to be universal are: nouns and verbs. Prepositions and postpositions though together existing in the few languages I have (intensely) studied do not exist in all languages. English has no post-positions. Estonian does not naturally have prepositions. And as we know nouns in some languages are inflected, but not in others. Likewise, there are serious differences in the different grammars of verbs, and not only in the existence or formation of tenses. Some languages readily admit that verbs can function as nouns: German is the best example I know of. Some are also ready to gladly join nouns and/or verbs to form new compound nouns — again, German is a most obvious example. English in contrast is more reticent: “That’s good eating.” would be good German grammar but is incorrect in English and not even particularly colloquial — who really talks like that, other than stereotypes? Likewise, English is not agglutinative: English tends not to form compounded nouns. Runningboard is not English, even though we know from old media that cars once had a “running board” on which one could stand and ride, but which was really meant for wiping one’s feet before getting into the car. English indicates compound nouns correctly with the dash, e.g., “running-board”.

Thus, generative grammar collapses into something which even if it were true – and it isn’t – is almost nearly useless. All languages have nouns and verbs? Wow, you don’t say? The generative grammar thesis, which promised that one recursive function could be used to parse all human languages simply is not true as can be seen from so many structural differences even among languages spoken by vast swathes of the planet. It would likely be even more refuted by a consideration of languages of native nations in what we now call the Americas, the South Pacific, and Africa. Generative grammar as a theory simply has no predictive power, which is one of the verifications of the scientificity of a theory.

A more interesting question is how can such an obviously untrue idea have been the foundation of a successful radical academic’s career?

Well, Chomsky said to Finkelstein: “if you follow this, you’re going to get in trouble—because you’re going to expose the American intellectual community as a gang of frauds, and they are not going to like it, and they’re going to destroy you.”

But I’m not Finkelstein. 🙂

Learning Chinese – Wish list

I am learning Chinese and would like to find a bi-lingual parallel hypertext of Sun Tzu or Mao Zedong in simplified Chinese and any of French, Russian, German, Spanish, Estonian, or English. Any links or electronic files are greatly appreciated.

Human intelligence, machine “intelligence”, animal intelligence?, communication, and animism. :)

Is artificial intelligence possible? Well, that depends on what we mean by “intelligence”. If we mean “memory”, machines clearly remember things better than humans. If we mean “chess playing” machines, again, better than humans.

Humans have a real limitation: our short term memory, also known as “working memory” is terrible. Furthermore, it takes us no little time to put information into our “long term memory”, where, again, we are outclassed by machines.

Yet, clearly, humans do some things better than machines. Deriving new hypothetical inferences from existing known data, for example.

This does not mean that machines will not “evolve” into the ability to engage in “creative” acts such as painting (computer composers already exist) or complex problem solving. However, to present, the capacity of humans to integrate a vast array of disparate information and derive not only certain inferences therefrom but also potential hypothesis, the ability to develope metacognitive process – heuristics – seems unique to humans.

Seems. So far.

The problem of machine intelligence relates back to the question of animal intelligence and communication I alluded to earlier. For example, apparently, a beluga whale was able to vocalize the word “out” to signal its displeasure, and this in a hearing channel (frequency) humans could perceive.

Meanwhile, what about mice? It is known that mice can remember, can negotiate mazes, and engage in primitive forms of reason. Are they “thinking”? Are they “self-aware”?

Just as we can look at other species to question the idea of intelligence and communication we can also look at other bodies in the universe such as planets or solar systems. Aristotle regarded such things as inanimate, as not having a principle even of vegetative motion. Volcanos and earthquakes however are motion. For all we know humans are but cells in a giant living body, the so-called “gaia hypothesis” of the earth as a living organism, and possibly a self aware one.

Law School

Law school is like a pleasant walk in the woods, a real picnic.

Except, there is a murder in the woods.

And the murderer in the woods is hunting you.

And the murderer in the woods is part of a conspiracy!

So the food in your picknick basket might be poisoned!!

And the woods are on fire!!!

 

(c) Eric Engle, Doctor of Laws.

Chomsky and Generative Grammar: Science is built on a foundation of failed theories.

Noam Chomsky was originally a linguist. He made himself famous arguing for a theory of a universal generative grammar. For Chomsky, language is a recursive structure, and grammatical features are universally distributed; language, for Chomsky, is a “self extracting archive”, so to speak.

The problem with this theory, which is elegant and simple and thus scientifically attractive, is that it is empirically untrue. Beyond the existence of nouns and verbs there are many serious linguistic divergences which are inconsistent with Chomsky’s thesis and in my opinion invalidate it. No matter how attractive a theory is, however parsimonious it is, whatever explanatory power it offers, if it does not match up with all the empirical facts then it must be modified or rejected.

Leave aside for a minute the idea that if language is an inherent structure to humanity, and unique to humanity implies that knowledge is in some sense genetic. A twisted person could argue that Chomsky proffers a theory which is ultimately genetic, i.e. racist. Chomsky is hardly a racist but if language is a biological function then it is one step from essentailism into tribalism and it ends with race supremacism. Also leave aside the “Jane Goodall” critique, that we increasingly see examples of communication among various animal species, most famously Coco the ape who signs. Leave aside also the idea that perhaps other animals communicate complex ideas but using methods which either evade our ability to perceive them as being outside our frequency of hearing or using a radically different grammar, or which we have not cognized as communicative. There are many bird songs we cannot replicate with our vocal chords, yet that does not mean we do not speak or sing.

For once I disagree with Aristotle; Aristotle believed that other animals only emote, and do not think or communicate, rather only feel. That too appears empirically disproven at least among the most developed animals: some great apes do sign. However, even within an anthro-centric view which limits itself to human speech the generative grammar thesis does not line up with the facts of real-world languages.

clippy-with-textThere are several examples of unique grammar structures found in some languages but not others. I address them briefly here to show why Chomsky’s theory, though elegant, is empirically incorrect.

Probably the easiest example for those who do not know several foreign languages is word order. While mostlanguages use the subject-verb-object model for declaratory statements and verb-subject-object for questions word order in languages otherwise differs. Some languages, for example Mandarin, have fairly rigid word orders, a few have in theory no fixed word order (e.g., Latin) and most have a mix of rigid and flexible rules, English being one example there. However, the mix of rules and flex varies from language to language, and anyone who speaks German the rather different rules of word order found in that language. German has a more rigid word order than English, and its ordering of words, beyond SVO or VSO is fairly different from English even though it is a declined language.

Beyond the fact of word order, which as anyone who speaks both German and English can tell you varies quite a bit even between closely related languages there are other emprical facts which demonstrate that Chomsky’s thesis of language as universal and inherent is wrong. To my understanding, Chomsky is arguing that language is self-similar, i.e.recursive, and this is why he calls it generative grammar. Either reading of Chomsky – language as a universal recursive function, or merely as universal, is empirically untrue.

Particles are the easiest example for an anglophone to see. Particles do not exist in English. They do in Russian with the “li” particle indicating hypotheticals, i.e. the subjuntive. “be -li” in Russian would be “if it be so” in English.

Russian is the only indo European language I know which has particles. Chinese has many particles. “Duh” as a particle indicates possesion. “Luh” as a particle indicates the past tense. “Guh” as a particle indicates some specific instance, and seems close to the partitive/genitive distinction.

In English we use prepositions. “Of”, “To”, “From” etc. In English, prepositions increasingly converge so that old-school prepositions such as unto, hereunder i.e. compounded prepositions are no longer widely used and are even archaic e.g. “Wherefore art thou, Romeo?” While Indo Europen uses prepositions Uralic languages such as Estonian use post-positions. In Estonian we would say “The lamp is the table on.” This is another example of why there is not in fact a universal grammar beyond, perhaps, nouns and verbs.

As well as pre- and post- positions we can note the existence of declensions. English only has vestiges of declensions in pronouns: “he”, “his”, “him”, “to him” are the nominative genitive accusative and dative forms. Likewise who, whose, whom, to whom; she, her, her, to her. Declensions no longer exist in English articles and really no longer exist in Romance languages like French, even though Latin had more cases than Old English. Yet, in modern German declensions still exist, which has four cases and declensions are even more notable in Russian with six cases. The richest countries for declensions seem to be Estonian and Finnish with 13 or 14 cases. Chinese in contrast has no cases.

Verb tense is also hardly universal. Chinese has no tense. Tense is indicated contextually by time markers and by particles in Chinese. English in contrast has remarkably complex tenses and so does French. Estonian and Russian in contrast only have three tenses — past present and future, but Russian has perfective and imperfective verbs to indicate whether the action was done to completion or is ongoing, whereas the two verb forms in Estonian, which also has but three tenses are used to indicate modality. Russian does not use the verb to be in the present tense, it is indicated contextually. Auxiliary verbs are not used to indicate tense in Russian.

These are the principle features of those languages which I have learned that differ sufficiently from each other that I am confident as an empirical matter that grammar is not universally uniform beyond nouns and verbs. There are sufficient basic words in all learned languages which appear to basic to be other than the consequence of a proto-world language. The nostratic hypothesis can be well proven by comparing just English, German, French, Estonian, and Russian — one language from each of the European language families apart from the isolates.

While I do believe that there was once a proto-world language with but one grammar, this grammar evolved and split and is not in fact an inherent biological function universal not merely in existence but also in development. We can see the decline of declensions and the convergence of prepositions quite clearly in English. If language were generative and a biological function then language would not evolve, yet it does.

Chomsky’s view should be seen in context of the times he wrote it. Machine analysis of language was in its infancy. Foreign language acquisition was considerably more difficult. The generative grammar hypothesis may well have served a useful role in the development of machine processing of language for translation. Yet, increasingly available historic and genetic evidence through better archeaology and genome analysis as well as the increasing awareness that language is not a uniquely human construct explain why for empirical reasons we must see Chomsky’s attempt to cast light from “the tower of babble” as but an effort. Chomsky, like Einstein, Keynes, Kelsen, sought to develop a general theory. Like each of them, his general theory must be seen as having collapsed into a special theory. Generative grammar is at least a special theory applicable to tbe machine processing of language. Beyond that it is unfortunately empirically flawed, like the other great efforts at general theorizing in the 20th century.

Evolutionary language theory is the future. The behaviorial theory of language has yet to be developed, and will provide key insights for data mining, machine intelligence, and AI user agents such as Cortana.

Antonin Scalia

Justice Scalia just died; although I was very much his political opponent, I feel it properly respectful to give my respects. I sincerely disagree with much of his views, however he sincerely believed (and I did not disagree with all his beliefs).

I never addressed his works directly, and probably will not, it is only fair to give an opponent the chance to respond.

It bears repeating: do you still think Snowden is a hero and the NSA a villain?

Russia having success in hybrid war against Germany

By Lucian Kim
February 7, 2016

The attack came in the form of a Saturday evening newscast from
Moscow. It would take days before the German government realized what
was happening, but by that time the damage was already done. Germany’s
sizable Russian-speaking community –made up of migrants from the former
Soviet Union — was up in arms about a report that refugees from the
Middle East had gang-raped a 13-year-old Russian girl in Berlin — and
that the local police was covering up the crime.

Until recently, Germany had largely been spared the wrath of Russia’s
state propaganda machine. Germans, in their eagerness to be
conscientious world citizens and reliable business partners, were seen
in the Kremlin as allies to coddle and co-opt. That view changed
abruptly in 2014, when Angela Merkel led the drive for European Union
sanctions to punish Russia for its war against Ukraine. Now, as the
German chancellor flounders domestically because of her open-door
refugee policy, she has made herself vulnerable to attack. “I’ve never
seen so much glee from the Russians as during Germany’s refugee crisis,”
said a diplomat in Berlin.

On Jan. 16, Russia’s state-run Channel One led the 9 o’clock evening news with a shocking report from Berlin.
“Evidence has emerged that migrants in Germany have started raping
children,” presenter Yekaterina Andreyeva said in the intro. That
evidence came in the form of testimony by the “Aunt Marina” of a teenage
girl, identified as Lisa, who claimed she had been abducted on her way
to school and raped by migrants for more than a day. More proof that
Germany is going to hell in a hand basket was a blurry video of a
supposed recent arrival who bragged about raping a “virgin” with five
other men. (Germany’s Bild newspaper later reported that the video had appeared on YouTube more than six years ago.)

Lisa’s relatives told Channel One that the police was refusing to
find the perpetrators. The Berlin police was unavailable for comment
over the weekend. Frightened neighbors, mostly members of the Russian
diaspora in Germany, gathered for a “spontaneous” protest in the Marzahn
district in eastern Berlin, Channel One reported. One woman tearfully
recounted how her 14-year-old child was terrified of passing a refugee
shelter on the way to school. It later turned out that the neo-Nazi
National Democratic Party had organized the protest.

Coming just weeks after widespread sexual assaults by migrants in
Cologne on New Year’s Eve, Lisa’s story was incendiary — and spread like
wildfire through social media. The Berlin police finally addressed the
case in a press release posted on Facebook. While the girl had indeed been reported as missing, the police said, she had not been abducted or raped.

Yet to those who believe that German authorities have lost control
over the country, the police statement sounded like a cover-up. The
following weekend, Russian speakers held rallies across Germany. In
Berlin, 700 protesters, backed by the anti-Islam movement PEGIDA, gathered in front of the Federal Chancery holding smiley-face balloons with their mouths taped over and signs reading “Our children are in danger.”

What should have been a case for family counselors and detectives
blew up into a diplomatic scandal. As Lisa holds both German and Russian
citizenship, the Kremlin entered the fray. In late January the Russian
embassy in Berlin sent an “aggressive” protest note to the German
Foreign Office demanding a full investigation, according to Der Spiegel.
Then Russian Foreign Minister Sergei Lavrov brought up “our girl Lisa”
in his annual press conference in Moscow.
“I really hope that the migration problems won’t lead to an attempt to
whitewash reality with political correctness for domestic political
reasons,” Lavrov said. “That wouldn’t be right.”

The German government could no longer ignore that it was the target
of a full-on propaganda attack, including very public trolling by the
Russian foreign minister. Merkel’s spokesman, Steffen Seibert, denounced
the “political instrumentalization” of the case. Even Frank-Walter
Steinmeier, Germany’s foreign minister who never tires of “dialogue”
with the Kremlin, lost his patience, saying there was no justification for using a 13-year-old girl for “political propaganda.”

In the meantime, the Berlin police were getting to the bottom of what
happened to Lisa in the 30 hours she had gone missing. Her accounts of
the supposed kidnapping were contradictory, and a medical examination
showed that she had been neither raped nor beaten. The trail finally led to the apartment of a 19-year-old German acquaintance,
where Lisa had temporarily hidden from her parents because of problems
at school. What confused the story was the discovery by investigators
that long before her disappearance, the girl had in fact had sexual
contact with two men, both of Turkish origin, and neither a refugee.
State prosecutors have since opened an investigation into child
molestation.

The truth doesn’t matter, because it’s already mission accomplished
for the Kremlin. By mentioning the case of Lisa publicly, Lavrov pulled
off a common trick in Russia’s self-declared “information war” against
its enemies: a government official picks up on a report in state media,
leading to its legitimation and further dissemination. Fake news is
essentially laundered and enters the public consciousness as fact.

Two years ago, it was hard for people in the West to imagine how
Russian state media used half-truths and blatant lies to distort the
pro-EU Maidan protest in Kiev into a fascist conspiracy. When Ukraine’s
president, Viktor Yanukovych, fled to Russia and a provisional
government took power, the Kremlin news channels spread reports of armed
gangs of Ukrainian nationalists terrorizing Russian speakers in
southeastern Ukraine. Having been inculcated for months about the threat
of Ukrainian revanchism, large parts of the Russian-speaking population
were genuinely scared — and supported an intervention by Russia on
their behalf. Viewers at home and abroad had been well primed for the
coming conflict. The news was fake; the fear was real.

As shown on Russian state TV, the hysteria among Germany’s Russian
speakers toward refugees was identical to the panic of Ukraine’s Russian
speakers about fascist gangs. The main message of the inflammatory
reports from Berlin was that Merkel was finished, Germany was on the
decline, and Western liberal democracies were undoing themselves via
foolhardy multiculturalism and misplaced tolerance.

It’s no small irony that the principal actors in this apocalyptic
view of Europe’s refugee crisis are former migrants themselves. After
reunification in 1990, Germany opened its borders to migrants from the
former Soviet Union: more than 2 million ethnic Germans and some 215,000
Jews, according to the Federal Office for Migration and Refugees.
Integration into German society was not always successful, however, and
much of the older generation still gets its news from Russia thanks to
satellite channels and the Internet.

For TV viewers in Russia, the plight of Russian speakers in Germany —
allegedly victimized by refugees and ignored by the police — fits into
the larger narrative of “compatriots” in neighboring countries who are
subjected to discrimination and violence. Half a million of these
“Russian Germans” are ready to move back to Russia because of the flood
of refugees, state news agency RIA Novosti reported last week, citing the leader of an obscure Russian immigrant party in Germany.

Stoking outrage in Germany’s Russian-speaking community is not an end
in itself, but a means to exploiting cracks in German society exposed
by the refugee crisis. Russian President Vladimir Putin, who served as a
KGB agent in Soviet-occupied East Germany and speaks fluent German,
believes that Berlin and Moscow can form a strategic axis based on
Russian natural resources and German technology. Merkel, in her
insistence that Russia do more to bring peace to Ukraine, is getting in
the way.

In March 2014, Putin appealed directly to Germans
for their support, drawing parallels between the annexation of Crimea
and German reunification. Winning over German public opinion became a
priority, and the state-owned network RT, formerly known as Russia Today, opened a German channel, RT Deutsch,
later that year. The Kremlin was exploiting a growing distrust among
Germans toward traditional news outlets, expressed in the far-right
PEGIDA protests. A poll conducted in October found that 44 percent of Germans agreed with PEGIDA that mainstream media distorted the news to suit the elites.

Propaganda was only one element in the so-called “hybrid warfare”
that Russia directed against Ukraine. Long before the Kremlin deployed
“little green men” — Russian troops without insignia — to Crimea, it had
used other non-military measures such as playing pipeline politics,
buying politicians, and backing fringe parties with radical agendas. Those same measures are being used in Germany and other European countries.

Contrarians on the left and right are enthusiastic about the support from Moscow.

Alexej Dankwardt, a Leipzig city councilman, was kicked out of the Left Party caucus
last month after writing on Facebook that he wished Merkel would be
toppled in a “German Maidan” and forced to “sprint half-naked to save
herself from the angry masses.” Dankwardt, who represents Lisa and her
family as a lawyer, has become a frequent commentator on Russian state
TV.

In a November 2014 meeting with Alexander Gauland, one of the founders of the far-right Alternative for Germany, Russian diplomats offered “strategic advice” to the upstart, euroskeptic party. Last March, Udo Voigt, a leader of the National Democratic Party, attended a gathering of European rightwing extremist parties in St. Petersburg.

The standard Kremlin response to charges that it’s waging a hybrid
war against Europe is that Russia is simply defending itself against
similar methods employed by Western powers. In a speech to Russia’s Academy of Military Sciences in January 2013,
Chief-of-Staff Valery Gerasimov complained that Russian knowledge of
asymmetric warfare was “superficial.” The North Atlantic Treaty
Organization, and the United States in particular, had demonstrated
their mastery of non-military campaigns in the Arab Spring and Ukraine’s
pro-Western Orange Revolution in 2004, Gerasimov said.

Such modesty is disingenuous. Disinformation and subversion as
weapons of war are as old as catapults and cavalry. The Kremlin’s
advantage in the information age is that all of Russia’s major media
outlets are under its control, allowing it to hammer its audience with
one, unified message. The Kremlin claim that it’s in an “information
war” with the West implies that there is vast conspiracy among myriad
media in the United States and Europe, public and private, to produce
the same lies about Russia.

In fact, Western diplomats are at a loss about how to counter the
effects of Kremlin propaganda on Russian speakers in EU countries. In
March, the European Union established the East StratCom Task Force
“to address Russia’s ongoing disinformation campaigns.” Despite its
important-sounding name, the bureaucratic unit has no budget, 10
employees, and barely 4,000 Twitter followers.

A year ago, Germany’s domestic intelligence service warned that Russia was widening its espionage activity in Europe
with the goal of destabilizing its neighbors and influencing
decision-makers. A cyber-attack on the main server of the German
parliament last spring has since been traced back to Russian military
intelligence, Der Spiegel reported, quoting a high-ranking security
official. There have reportedly been similar attacks on other NATO
states and German arms companies.

A legion of useful idiots is ready to do the Kremlin’s bidding. Horst
Seehofer, the head of Merkel’s Bavarian sister party the Christian
Social Union, has been haranguing the chancellor for months to tighten
her refugee policy. On Wednesday, Seehofer met Putin outside Moscow,
where the Bavarian premier expressed his hope that sanctions against Russia would soon be lifted.

Afterwards, Seehofer told journalists it was “classy” of Putin to say he wouldn’t meddle in Germany’s refugee policy. Meanwhile, the Rossiya TV channel trumpeted the “commotion” that the visit had caused back in Berlin.

Phone Scandal

..U-Still h8 the NSA?








‘Raped’ German-Russian teen spent night at friend’s house: Berlin

AFP

German police last week rejected a German-Russian teenager's account of kidnapping and sexual assault, but nevertheless passed the case to the prosecutor's office
.

German police last week
rejected a German-Russian teenager’s account of kidnapping and sexual
assault, but nevertheless passed the case to the prosecutor’s office
(AFP Photo/Patrik Stollarz)
Berlin (AFP) – A 13-year-old Russian-German girl who ignited
an international row by saying she was raped by migrants was actually
sleeping at a friend’s house on the night in question, Berlin
prosecutors said Friday.

Authorities in the German capital said their
investigation had concluded that the account of the girl’s kidnapping
and sexual assault this month by three men from “southern countries” had
no basis in fact, despite high-level Russian claims to the contrary.
“Using
data from her broken mobile phone, we were able to access information
about a young German man aged 19 — an acquaintance of the 13-year-old
girl,” prosecutor’s office spokesman Martin Steltner told AFP.
“The young girl wanted to hide at his house because she was having problems in school.”
The
incident has exacerbated tensions between Germany and Russia already
strained over the conflict in Syria and European Union sanctions imposed
on Moscow over Ukraine.

Russian
Foreign Minister Sergei Lavrov had complained that Moscow initially
heard about the incident not from Germany officials “but from the
Russian-speaking community, then from the family’s lawyer”.
On
Tuesday he tried to lend credence to the girl’s allegations by saying
that she had disappeared “absolutely for sure” against her will and that
details of the incident had “been hidden.”
German
Foreign Minister Frank-Walter Steinmeier on Wednesday accused Lavrov of
“exploiting” the case of the girl, named as Liza by Russia, and
“inflaming” an already heated national debate about migrants.
– ‘Political pressure’ –

Friday’s
findings “clearly defuse the propaganda that had developed recently
around this case,” Frank Henkel, the German capital’s top security
official, said in a statement.
Without mentioning Moscow, he
said Germany is a “state based on the rule of law” and no “political
pressure from abroad” would alter its “constitutional principles”.
The teenager went missing on January 11, reportedly on her way to school.
She
subsequently returned and filed a police report, with her parents
telling investigators she was kidnapped by three apparently foreign men
at a railway station in eastern Berlin and taken to a flat where they
raped and beat her.
German police last week rejected the teenager’s account but nevertheless passed the case to the prosecutor’s office.
Berlin
prosecutors had said there was no evidence that the girl was forced to
have sexual relations but opened a probe against at least one man on
possible statutory rape charges stemming from a separate incident since
she was under the age of consent (14 in Germany).
Steltner said
Friday that investigators now believe that the girl had had sex with two
men in their 20s, “a Turkish citizen and a German of Turkish origin”
who may now be charged with abusing a minor.
The incident came to
light with Germany in an uproar over a spate of New Year’s Eve sexual
assaults on women in Cologne allegedly carried out, for the most part,
by Arab and North African men, that was initially met with silence from
the police.
Last year, nearly 1.1 million asylum seekers arrived
in Germany, most of them from Syria, Afghanistan and Iraq, with
Chancellor Angela Merkel under increasing pressure over her welcoming
stance toward refugees fleeing war.

Source: http://news.yahoo.com/raped-german-russian-teen-spent-night-friends-house-142011798.html  H8ters gonna h9.

More German language learning resources!

 
   

wie gut ist Ihr Deutsch? Möchten Sie Ihre Sprachkenntnisse spielerisch auffrischen, regelmäßig trainieren oder wollen Sie konkrete Fragen zur deutschen Sprache mit Anderen diskutieren? Das Alumniportal Deutschland bietet Ihnen verschiedene kostenlose Deutschlernangebote!

Unser Format „Verstehen Sie Deutsch“ bringt Ihnen jeden Tag eine deutsche Redewendung in Quizform. Raten Sie direkt auf dem Alumniportal mit oder abonnieren Sie am besten den täglichen Newsletter „Verstehen Sie Deutsch“, damit Sie keine Redewendung verpassen.

In unserer Rubrik „Deutsch auf die Schnelle“ können Sie mit kurzen, verständlichen Texten regelmäßig Ihr deutsches Vokabular auffrischen. Wählen Sie zwischen verschiedenen Sprachniveaus und folgen Sie weiterführenden Links, um mehr über das Thema zu erfahren und in der Community zu diskutieren.

Unter „Online Deutsch lernen“ finden Sie eine Zusammenstellung von Deutschlernangeboten in Text-, Audio- und Videoformat.

In der Community-Gruppe „Deutsch als Fremdsprache“ sprechen beinahe 5.000 Mitglieder über alle Themen rund um die deutsche Sprache. Ob Sie eine Übersetzung für ein bestimmtes Wort suchen, kleine Sprachrätsel lösen wollen oder Themen diskutieren möchten – hier ist für jeden etwas dabei.

Wir wünschen viel Spaß und Erfolg beim Deutschlernen!

Viele Grüße

UN Opportunities (in German)

http://www.auswaertiges-amt.de/DE/AusbildungKarriere/IO/Organisationen/VereinteNationen_node.html#doc345060bodyText3

Opportunities in the U.N. (in German)
Both the U.S. DOS and the German Foreign Ministry (AA) try to coordinate fairly closely with the U.N., so though this information is geared to Germans it is relevant to U.S. people too, since the U.N. is an international organization.

translate.google.com 
dict.leo.org
in case you have language difficulties.

Scholarship opportunities in Germany with DAAD

https://www.daad.org/undergrad

I know you all go home soon; some of you may wish to come back, whether as undergraduate or graduate students. The German Academic Exchange Service (DAAD) may be able to help you either with finding a study program right for you or with funding.

More or less DAAD  tries to fund sciences, so as to get technical breakthroughs, improvements in economic efficiencies; though language learning is also supported, and it is not impossible to get funding for humanities, though you should try to point out how your proposed study would bring added value to the Germn or at least European economic area and/or benefit German foreign policy.

There are also the political party scholarships, e.g. Friedrich Ebert (SDP), Heinrich Böll (Greens) Konrad Adenauer (Conservatives), Rosa Luxembourg (Linke). Rosa Luxembourg has the least funding, but does have a New York office.

You should also be aware that those of you who speak German might be able to get internships with German consulates in the U.S.

It was great having you as students I am sure your careers will flower!

DAAD language scholarships (sorry about the formatting)

Application Portal Closing on December 1st at 5pm (EST)

December 1, 2015 is the deadline to submit an online application for DAAD’s Intensive Language and University Summer Course Grants. The application portal will close at 5pm (Eastern Standard Time) on that day, so applicants are advised to be mindful of this time limit when preparing and submitting application materials. Hard copies of the application must also be received by DAAD no later than December 11.
University Summer Course Grants provides scholarships to attend three- to four-week summer courses at German universities which focus mainly on German language and literary, cultural, political and economic aspects of modern Germany. Extensive extracurricular programs complement and reinforce the core material. For more info, visit the program page.
Intensive Language Course Grants allow students from North American universities, who at the time of application have attained at least sophomore standing (second-year standing in Canada), to attend 8-week intensive language courses at leading institutes in Germany. Click here for more details.
For more information about DAAD, please visit: www.daad.org, or call: 212-758-3223.

The right angle on a hard curve.

http://news.yahoo.com/doctor-helped-launch-modern-paramedic-system-dies-98-003503538.html

I try not to talk about obituaries. That man was a hero. We all lost tonight.
Let’s try to live up to his example.

LUIS – UN Job app tips!

https://blogs.state.gov/stories/2014/10/30/working-united-nations-insider-application-tips

If anyone sees this please point it out to Luis. Thank you!

Free Online Law Search Engine.

http://mindworks.altervista.org/index.html

This is my new web site, with links to free online law search engines I authored as well as free copies of my law review articles. Enjoy saving your law firm some westlaw and lexis fees.

Here is my amazon author page: http://amazon.com/author/quizmaster
If you read one of my books feel free  to contact me: [email protected]
I  write for you and want you to be happy.

February is only a four months away!

U.S. Constitutional Law for German Speaking Jurists

Airys

http://news.yahoo.com/were-targeting-terrorists-syria-kremlin-093858253.htmlS

The next president, like it or not, will wind up facing a proxy war in Syria.

Ugh.

Chains of liability for suppliers

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1655983

We saw the criminal law regime was only somewhat satisfactory.
Now we look at the issues of human rights in tort law.
I had mentioned the Alien Tort Statute and the Torture Victims Protection Act as examples of extraterritorial laws which seek to give remedies to people for violations of their fundamental human rights even in failed states, dictatorships, or corrupted governments.
Today we look at the liability for producers and distributors of goods for violations of human rights.

Corporate Main Office (corporations, like countries, are legal persons. partnerships are not)
owns
wholly owned subsidiary in the third world
hires
subcontractor who commits various torts
Can the main office be sued for the act of the subcontractor? Probably not. 

lex locus delicti
imputed liability due to agency

Bhopal
Mynmar

complicity – accomplice liability

Can the corporation itself be liable? What is a corporation
-a legal person able to sue and be sued and also liable on taxes for its own income
-with shareholders
-and directors who use the shareholders money to run the business.

In common law corporations can be criminals, but not in German law.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1020517

https://books.google.de/books?id=a9Q2xSYYIMwC&pg=PA123&lpg=PA123&dq=corporate+codes+of+conduct+eric+engle&source=bl&ots=-cC9xQ9ECT&sig=nOFo0DfED6kHhq5LULlbInsTo1Q&hl=en&sa=X&ved=0CCwQ6AEwAmoVChMI6ZXoq_CMyAIVC5keCh1QiAPp#v=onepage&q=corporate%20codes%20of%20conduct%20eric%20engle&f=false

Funding human rights activism

One way activists fund their human rights projects is through performance art.http://www.reclaimyourcity.net/

This is a current Berlin art and activism project, Dr. Nathanson will be interested in that I bet, so feel free to tell people about it. I am not involved in it.

How else to fund human rights? Crowdfunding
https://www.kickstarter.com/
https://www.gofundme.com/

or stock market investing
http://www.investorguide.com/article/11632/valuation-methods-used-in-fundamental-analysis-of-stocks-igu/

Its sometimes possible to get funding through private foundations and government grants, glwt, everyone wants free money so it is tough to get a grant.

Social Media and Human Rigths / Foreign Policy
Social media obviously became big in the last decade, and by now all the embassies have their own youtube, they often twitter, and have a facebook page. I have not pointed that out because I think you already see that for yourselves. Emailing lists are another example. So e.g. the German foreign ministry has an email list which I am subscribed to. This recent post of theirs is an example of how human rights and diplomacy interact and how the international system “self-regulates” by invoking human rights, here, the ICCPR.

Auswärtiges Amt
www.auswaertiges-amt.de

==== ==== ==== ==== ==== ==== ==== ==== ==== ====
Human Rights Commissioner Strässer on the release of Vietnamese blogger Ta Phong Tan

21.09.2015

The Federal Government Commissioner for Human Rights Policy and Humanitarian Aid, Christoph Strässer, issued the following statement on 21 September on the release of the Vietnamese blogger Ta Phong
Tan:

“I am very pleased that Vietnamese blogger Ta Phong Tan has been released. We worked very hard in favour of this outcome. At the same time, I regret that she has apparently only been released from
prison on the condition that she leaves the country immediately.

It is incongruous that Viet Nam has committed to upholding human rights in its new constitution and yet at the same time is not respecting freedom of opinion as enshrined in the ICCPR, ratified by
Viet Nam. All those in prison for having exerted their right to freedom of opinion or demonstration should be released without delay.”

Background information:

On 19 September 2015, blogger Ta Phong Tan obtained early release from prison after three years of incarceration. From Hanoi she travelled directly to the United States. In 2012, Ta Phong Tan was
sentenced to ten years of imprisonment and five years of house arrest for “propaganda against the state”. She had written online about topics such as widespread corruption.

Together with its partners from the EU and other countries, the German Government had been working to achieve her release for a long time. In an expert report, the United Nations Working Group on
Arbitrary Detention had classed the incarceration of Ta Phong Tan as “arbitrary”.

In the past year, two human rights defenders have already been released from prison under similar circumstances (Mr Cu Huy Ha VU and Mr Dieu Cay). In both cases the sentence was simply suspended.
They had to promise to travel to the US immediately. That means that, de facto, returning to Viet Nam is not an option as they would have to serve the remainder of their sentence.

==== ==== ==== ==== ==== ==== ==== ==== ==== ====

Website of the Federal Foreign Office: www.auswaertiges-amt.de/EN 
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Corporations and Human Rights

In the prior post I included investopedia links to the BALANCE SHEET and INCOME STATEMENT. Read and try to figure it out! It is $.

Corporations and Human Rights
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1020517

Key U.S. rules on international corruption & HR abuse

FCPA
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1020457
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1702470

ATS
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1020512
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1708514

TVPA

Extraterritoriality
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1727331

Domestic Rules

RICO
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2069636

SEA
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1125642

Ways a corporate leader can get in trouble with human rights:
Fraud (tax evasion, insider trading)
Bribery
Abuse of workers
Thinking they can “game the system” and use clever legal structures to mask human rights abuse.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1655983

Judges have them “six ways to sunday” but prosecutors dont, so I write.

http://bjil.typepad.com/publicist/2011/05/extradite-or-prosecute-belgium-v-senegal.html

Criminal, Tort, Contract, and Corporate law as solutions to human rights?

To present, we have seen the few possibilities and real limits of the international public law of human rights. While the public law regime is clearly imperfect, it is so much better than the pre-war system of non-rights.

The last aspect of public law we look at, briefly, is criminal law remedies. However, because criminal law and tort law often overlap we will use the criminal law regime as a transition to looking at the tort law regime. We will then look at corporate governance aspects of human rights, including contractual aspects.

I have tried to point out the possibilities for human rights activism. One essential aspect of HR activism is fundraising. Fundraising occurs through:
tabling with literature and asking for signatures and contributions
concerts and artistic performances
but activists can also raise funds with gofundme.com and similar online capital magnets.

Another way to raise money is through buying and selling stocks and using one’s own funds. This also raises an important aspect of corporate law: finance and accounting. Those of you who wish to closely inspect the corporation, whether as  potential investor or searching for “dodgy accounting” should learn how to read and analyze an income statement
http://www.investopedia.com/articles/04/022504.asp
and the corporation balance sheet.
http://www.investopedia.com/articles/04/031004.asp
Corporations publish their balance sheets as part of their mandatory annual report. Income statements are usually also provided in the annual report.

I have already mentioned the international criminal court:
https://www.nlg.org/resource/nlg-review/volume-71-no-1

The US Foreign Corrupt Practices Act
http://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act

The UK Antibribery Act
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1702470

The OECD Antibribery Convention

 http://www.oecd.org/corruption/oecdantibriberyconvention.htm

The UN Convention against Corruption
https://www.unodc.org/unodc/en/treaties/CAC/

Which basically reproduce the FCPA internationally.

An important point is that criminal laws sometimes create private remedies. That is the case of the US Racketeer influenced and Corrupt Organizations Act
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1020470
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2069636

The Securities and Exchange Acts

As well as the Alien Tort Statute and Torture Victims Protection Act

After exposing the criminal and tort regime we will look to contract and corporate governance (self regulation and soft-law).

We can discuss methodology for your papers after the lecture, we have just 3 lessons for a large amount of material.

Regarding the simulations: Objectives included
a) placing yourself into another role than the one which you are accustomed to – seeing the world through others’ eyes.
b) learning group dynamics of conflict and conflict resolution.
c) understanding how discrete conflicting interests aggregate into social outcomes which may or may not be socially beneficial.
d) why and how states fail.
e) conflicting and competing pressures within and between states.
f) viewing conflict and conflict resolution objectively from a multifaceted perspective rather than subjectively from on’s own individual perspective.
g) exposing you to new and unexpected situations, so you learn to think flexibly
E.g. in the last simulation I specifically gave each player an objective which was necessarily in conflict with other players objectives. Real life is like that sometimes, but only exceptionally. International human rights law seeks to reduce such conflicts and replace them with better interactions.
Good training is hard because it is challenging and provokes growth, preparing one for real life.

Why do states (or for that matter people) obey law?
-Self enforcement
-Expectations of behavior of other actors.
-Expectations of results of behavior
-DeterrenceHow many times were U.S. and Russian forces in direct conflict in the cold war?

Trade and Human Rights
WTO
DSU / DSB
Tying treaties to human rights compliance

FCPA
Anti-bribery convention
UK Anti bribery Act

ATS
TVPA
Actio Popularis
Action Civil

ICC
Rome Statute

Corporate Compliance
“triple bottom line” accounting

http://www.tacobellfoundation.org/#3

Syria  10 Airstrikes   100 Army Battalions (Bn) $1000  1 CW
U.S.   100 Airstrikes  10  Marine Bns           $10000
Russia 20 Airstrikes   3   Naval Infantry Bns   $2500
Israel 50 Airstrikes   250 Bns                  $2000

Moderate Rebels  10 Bns  $100
Kurds            25 Bns  $100
Extremist Rebels 100 Bns $20

ISIS 100 Bns $10

Saudi Arabia $5000
EU           $1000
UN           $200
Amnesty      $10

Iran 500 Bns $1000 1 CW

Iraq 200 Bns $500

Declare attack
Declare Airstrikes
Airstrikes – Airstrikes
Commit battalions
(Airstrikes times battalions)-(battalions)
Attacks cost 10 dollars in total=casulaties for both


Terrorism
Costs ten dollars to launch, removes 100 dollars from target

Intervention costs $200: with intervention battalions can join in attacks and defenses.

A successful attack captures 100 square kilometers of enemy territory


Territory
Syria 1000 Sq. km.
FSA 10 Sq. km.
ISIS 10 Sq. km.
Kurds 10 Sq. km.
Russia 1 Sq. km.
No one else has territory.

An attack may take 1 sq. km but then the attacker loses three times the losses he would ordinarily suffer.
If Syria eliminates all other parties holding territory then Syria wins. If Syria loses all territory then Syria loses.

There are 1000 Syrians living under Assad, 100 living under ISIS and 100 living under FSA. They may flee or be targeted like a battalion and the referee decides if and where they flee too.
If refugees flee the referee may impose a fine on the country they flee to.

 

Supplementary Readings

Because there are many of you and many readings I assigne a reading to each of you in this post, plus the readings in the 2 earlier posts below.
http://www.aljazeera.com/indepth/opinion/2015/09/syria-putin-afghanistan-isil-obama-150913084815882.html
Lara ^

Randall
http://www.bbc.co.uk/news/world-middle-east-24403003

Patrick,
http://www.aljazeera.com/topics/country/syria.html

Mike
http://www.foxnews.com/politics/2015/09/14/russia-shipping-tanks-into-syria-in-first-clear-sign-offensive-weapons/ 

Becky
http://www.theguardian.com/world/syria

Ben
http://www.bbc.co.uk/news/world-middle-east-26116868

Those who do not have specific articles can be assigned articles by Mike, Patrick, Randall, Becky, and have other things to read as well. Some of the links, notably on Patricks and Randalls pages have several articles. Help them out please to analyze this mass of information. Thank you.

Readings Syria

http://thediplomat.com/2014/09/how-the-us-made-isis-a-threat/

http://thediplomat.com/2014/02/responsibility-to-protect-cant-save-syria/ http://www.theatlantic.com/international/archive/2013/09/beyond-airstrikes-on-syria-ask-what-would-the-godfather-do/279457/

http://www.theatlantic.com/international/archive/2014/10/defeating-isis-iran-united-states-syria/381944/

http://nationalinterest.org/commentary/interview-graham-allison-9201

http://nationalinterest.org/commentary/brzezinski-the-syria-crisis-8636

http://projects.nytimes.com/live-dashboard/syria

http://thediplomat.com/2014/05/chinas-instructive-syria-policy/

http://www.cracked.com/personal-experiences-1780-we-built-their-death-squads-isiss-bizarre-origin-story_p2.html

Laws
https://www.opcw.org/chemical-weapons-convention/articles/
https://www.icrc.org/customary-ihl/eng/docs/v1_cha_chapter24_rule74

Videos
https://www.youtube.com/watch?v=9uHXUe8VsBg

Leaders are readers. This may seem like a lot, but it beats digging ditches. Feel free to split up the readings amongst yourselves and make one person responsible for one reading, and for providing a summary of the reading to everyone else.

p.s. readings on ISIS / ISIL will follow, and then foreign language materials.

Syria

For the Syria scenario please google “eric engle” “syria” and read everything that
http://papers.ssrn.com/author_id=879868

Humanitarian Intervention and Syria: Russia, the United …

ssrn.com/abstract=2115191
by E Engle – ‎2012 – ‎Related articles

22 Jul 2012 – Engle, Eric, Humanitarian Intervention and Syria: Russia, the United States, and International Law (July 22, 2012). 18 Barry Law Review 1 …

Pacific Blockade of Syria by Eric Engle :: SSRN

ssrn.com/abstract=2140325

Methodological advice about writing your papers.

How and Why to Publish Articles about the Law
Eric Engle
Lawyers have a responsibility to work for the general public good (pro bono publico). The law is constantly evolving. The evolution of law occurs in part through legal commentary. Furthermore, legal scholarship is a source of international law and persuasive evidence of the law in most civilianist legal systems. Finally, publishing your work is a professional credential. It is a way to make your mark on the law. A way to attract attention to your practice.
1. How to Write Your Article: Structure and Discipline.
Good writing is a discipline. The law review article seeks to present and prove a thesis. This requires a clear cogent thesis statement. It also requires a structured argument to support the thesis. This structure will normally be an outline which will be reflected in the table of contents of the article. The article’s points of law, especially those which are controversial, must be footnoted. Footnotes, whether to legislation, cases, or commentary are the scientific foundation of your work. And this is the basic process of writing. First, develop a thesis statement. This is your hypothesis. Then, research the law, to find and form the footnotes you will use. You may then modify your hypothesis which now becomes your thesis statement. You then form an outline of the structured arguments you will use to prove your thesis. You then place the tentative footnotes into the outline. Essentially, one writes the article into the outline, around the footnotes to prove the thesis statement. Footnotes should be formed according to the ALWD, the Blue Book, or the Oscola style.
This process of writing may seem simple. However, writing takes discipline. Finding and forming footnotes is indispensable. As to one’s own writing: edit! edit! edit! edit! Outline ten times, write once. But then, reread, rewrite, reread, rewrite. Editing seeks to express ideas clearly and quickly. The reader should consult style guides like Strunk and White’s Elements of Style. Canons like: “Omit needless words.” “Avoid the passive voice.” “Use short sentences.” should be burnt in every writers brain. Good writers use literary devices. However, literary devices are not necessary and may detract from your writing if badly used.
After you have written your article you should show it to your friends. They may point out things that seem clear to you which might not be clear to another reader.
2. Submitting Your Monsterpiece?
It Better Be a Masterpiece! No One Has Time to Waste!
Once you’ve written your article you must submit it for publication. Just like there’s a method for writing, there is also a method for publishing.
First, you need to figure out where you want to submit to. There are two types of journals. Some journals, usually better ranked European ones, insist on “exclusive submission”. They only consider your article if you promise not to submit it elsewhere while they consider it. They usually take about two months to review your article. They may reject your article outright, or will return it with comments and ask for revisions and resubmission.
U.S. journals are generally not exclusive submit. That means your article can be under consideration at more than one law review at a time. However U.S. law reviews have two submission seasons. September and March. I mass submit at those times and then individual submit in the other months.
When you feel your paper is “as good as you can make it” you must send it to journals. Your cover letter may well be the only thing the journal actually reads. In fact, the subject line of your email may be the only thing the journal reads. It has to be perfect. A good subject line might be: SUBMISSION – “The Law and Economics of Mergers and Acquisitions in Russia”. The journal knows this is a submission, and even knows the title of your article. Your title, just like the subject line of that email, must be perfect.
I repeat the TITLE of your article is the ONLY thing you are sure your reader will read. It has to be perfect. Likewise, your first paragraph must also be perfect for the same reason. You should focus especially on the first three pages and last page of your article. It must be *perfect*.
You also need a cover letter. Your cover letter should describe who you are, and what you want. You are a lawyer. You want to publish your article about ___. Be friendly and courteous to your editors. Be clear that you will be happy to edit your article and that you will provide footnotes, substantive or stylistic editing as the editors require.
Your cover letter should include an *abstract* of the article. An abstract presents a summary of the article. Your cover letter should also include your c.v. Include your c.v. and abstract both inline and as an attachment.
Essentially editors have little time and no interest to edit your half-done work. You should be sending them an article “ready to be published” — not something half baked. And your cover letter should look perfectly professional — because that is all they may bother to look at.
3. Where to Send your Article
There are numerous lists of email addresses for submission. See, e.g.,
LexOpus — free online submission manager.
(for preprints and working papers)
Some of the law reviews which are not listed on lexopus, but addresses may be out of date.
Like you can see there are literally hundreds of law reviews. Select those journals most relevant for your article.
4. Publication offer! Then What?
Your publisher will make a publication offer and may ask you to sign a contract giving them copyright. You should have no illusions about making money from writing about law. However you should insist on keeping the right to reproduce your article after an embargo of a year for the academic publishers. Kluwer, Springer and similar for-profit publishers will insist on a permanent embargo. They are reputable enough you should publish with them anyway. If you really hate a term in the contract you can try to negotiate it: “I’m ok giving you exclusive copyright for an embargo of 1 year, but want the right to republish it myself in the book I am planning” – for example.
When your article gets offered publication you should in my opinion simply accept and then go write something else. But you should also write all the other journals you asked to look at your work and tell them that your article is off the market. Some authors try to “expedite” their article to get it placed in a better ranked journal. I find that unseemly. I like having a good reputation, but then I write and publish very often.
If you wish to try to figure out how to “expedite” your article ask Professor Google 😉
In all events love whatever you write and
Good luck!
——————–
Suggested methodologies: 

1) Problématique: The student must begin with a question which they seek to answer. The research then answers the question and/or leads to other questions… Better for an academic setting than practice but a veryuseful perspective nonetheless. 
2) Case history: The student takes a case which they are interested in and traces the cases history and development. This is very straightforward but produces a useful product especially for legal practitioners. 
3) Comparative approach: The student takes a legal concept which interests them, and traces the concepts development in two different countries. Ideally the student then synthesizes and concludes what would be a better system than either. Can be good for practice and is good for academic work. Done properly it is very scientific. Done poorly it is wishy-washy. 
4) Critique: The student analyses a given law: to determine its weak points. A good method for cynics and nihilists: Rather than seeking to prove something this method seeks to disprove another thing. 
5) Polemic: This is the opposite of problématique. Rather than seeking to answer a question the student seeks to prove a hypothesis. This is better for practice than academics since polemical work tends to be less objective but polemic teaches students to organize and direct their thoughts. On the other hand if legal science is a science then it posits facts about law – so polemic has always been able to claim to be scientific – at least in its better forms… 

Naturally students may mix these methods. They are in all events only “suggested approaches”. 
Executive Ministries:
·         Executive Ministers form the executive arm, collectively.
·         This body sets overall political agenda of government.
·         They vote on executive matters on a 1-1 ratio, majority vote wins
o   Executive matters include, but are not limited to: National security, constitutional amendments, matters that involve more than one of the executive ministries,
·         Has ability to veto Parliamentary legislation by majority vote
o   *2/3 supporters vote can override executive veto
 
1. Ministry of the Interior – Ben
·         Has jurisdiction over matters of national governance
2. Ministry of Justice – Patrick
·         Has jurisdiction over matters of national courts and constitutional interpretation
3. Ministry of Finance – Hope
·         Has jurisdiction over matters of national finances
4. Ministry of Foreign Affairs – Becky
·         Has jurisdiction over matters of international relations
5. Ministry of Peace and Security – Mike
·         Has jurisdiction over armed forces and intelligence agencies (but can only mobilize cannons upon unanimous executive approval and 2/3 parliamentary vote)
 
Departmental Ministries:
·         Departmental Ministries are policy experts in their fields.
·         Department Ministers can utilize the Parliament to send agendas to the executive for a vote, or call a vote to veto an executive decision.
 
Ministry of the Interior
·         Department of Labor – Randy
o   Has jurisdiction over matter of national labor and works with interior to advocate on behalf of laborers
·         Department of Education – Sarah
o   Has jurisdiction over matters of the educational system and works with interior to strengthen educational system
·         Department of Transportation – Laurel
o   Has jurisdiction over matters of transportation and works with interior to build infrastructure
Ministry of Finance
·         Department of Trade – Luis
Ministry of Justice
·         Department of Non-Discrimination and Equal Protection – Martina
·         Department of Human Rights – Lara (Ex-Oficcio)???
 
Parliament:
·         Democratically represented based on supporters
·         Used as a democratic structure to veto executive and/or ministry decisions
o   Needs 2/3 of supporter votes to veto
·         In the event of an executive tie parliament can break tie
o   Needs 2/3 of supporter votes to break tie
·         Can be used to bring agenda to executive/ministry/department
o   Need 51 percent of supporter votes
·         Used as a means to approve/disapprove ministerial/departmental placements in first instance of government
o   51 percent of supporter votes needed to approve/disapprove
 
 
 
 
 
 
 
 
 
 
 
 

Law of War and Human Rights

State power is the use of force to limit the use of force.

The law of war is one part of public international law:
it has two parts – jus ad bellum, which is the right to go to war
and jus in bello, which is the rights of armed conflict.

Jus in bello applies both to insurgents and official forces, though to enjoy the rights of jus in bello one must wear marking insignia, to indicate that one is in armed conflict.

One rule of jus in bello is that you must use only force which is necessary and proportioned to eliminate the threat.

Retorsions are lawful unfriendly acts. Sanctions are a kind of retorsion.
Reprisals are unlawful acts, which are however justified as self-help to remedy a greater unlawful act. The reprisal would be illegal were it not for the wrongful act which it seeks to remedy.
Two wrongs can make a right in international law!

Two treaties we have not yet mentioned:
Convention against Torture.
Genocide Convention

Law of war was first codified in the Hague conventions and then in the Geneva conventions.
The Hague conventions are considered customary international law since about 1950.

A more recent term for the law of armed conflict is international humanitarian law. There is some overlap between IHL and international human rights law, or at least they are often closely related.

OMG! CIVIL WAR IN DYSTOPIA!

Each of you, except for Lara, now has 1100 hostages. Namely, 100 hostages for each player.

Hostages represent not just hostages but also neighbors, people living in villages close to other nations etc.

Hope now represents the IMF. Each player owes the IMF 1000 coins. Hope can refinance or collect on your loan. She can also loan up to 10000 coins.

Combat actions now include

Reprisal Massacres
http://www.crimesofwar.org/a-z-guide/reprisal-killings/

Mass rape
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1016&context=lcp

Forced Recruiting
Deportation
https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=77068F12B8857C4DC12563CD0051BDB0

Ethnic Cleansing
https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280027fac

Torture http://www.hrweb.org/legal/cat.html

Human shields
https://web.archive.org/web/20150717071923/https://www.icrc.org/customary-ihl/eng/docs/v1_cha_chapter32_rule97

Abduction and Adoption of the Kidnapped
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx

Child soldiers
Article 38, CRC. Article 8(2)(b)(xxvi) of the Rome Statute of the International Criminal Court
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2318403

Please read these materials I will give a lecture on them.

Essay Questions on the Bar Exam

On the bar exam you will be given essay questions, much like the essays you have been writing for your law school exams. The test is seeking to see if you can spot legal issues and then structure coherent compelling arguments to answer those issues. To do so you will need to have learned hundreds (not thousands!) of rules.

One problem bar examinees have is panic. Lack of proper training, believing the bar to be “impossible” are two usual causes of panic. Panic causes examinees to either stare blankly, scared to write, or write rapid unstructured and ill considered ideas.

Panic is prevented by learning the law thoroughly and practicing for the exam.

You learn the law thoroughly best by understanding the reasons the legal rule is what it is. For example, we should know that the good faith purchaser of property for value without notice of defective title has good title against all the world except true owner, which seems logical. Since the good faith purchaser did not know the goods were stolen he is not a criminal. And to protect and preserve property it makes sense that the good faith owner of stolen goods ought to be presumed to have a relative mastery over those goods against all save their true owner, for the true owner may be dead or absent or even unaware that the goods were stolen.

We should also know that the good faith purchaser of a negotiable instrument without notice of a flawed title has good title against all the world, even against true owner, and this is a property right which vests on transfer – a right in rem. This is not a contractual right in personam which might be defeasible. That is, only “real” and not “personal” defences may be interposed against the good faith purchaser of negotiable instruments such as a promissory note or check.

Obviously, this requires us to know a lot of technical legal vocabulary. It is a lack of knowledge of this vocabulary which stops students from learning the rules. Focus on learning the rule “by heart” rather than understanding the reason for the rule which keeps the student from seeing all the nuances just summed up in the preceding paragraph.

You must know what “real” “personal” and “negotiable” and “in rem” and “in personam” mean
seems strange to new law students. If you do not then look them up. Whenever you meet a new term in law you must look it up otherwise you will not be able to learn the rule. Law is pains-taking but easy, it is not rocket science but does demand persistent study.

So: WHY does the law permit the good faith purchaser of commercial paper to take title good against all the world, even true owner? This counterintuitive rule exists to foster commercial transactions. Imagine what the business world would look like if this were not the rule. Claims would be made against buyers of propert for contractual breaches of which they were not party and know nothing about. Litigation would increase, and commercial trading would decrease to the impoverishment of all.

Without knowing the vocabulary you could not see all the issues lurking in a question which looks easy. Without understanding the reason for the rule you are less likely to even remember the rule, let alone to apply it properly.

Essay questions are all about
1) Spotting the Issue
2) Weaving Facts
3) Into Law
4) To reach a conclusion.

Keys to avoiding panic
1) If you don’t know the rule — make one up. You can score some points with an incorrect rule, but no points with no rule at all. Furthermore, the rule you make up is likely the correct rule, you just don’t remember it with perfect certainty.
2) Argue in the alternative: “but if I am wrong”, “but if the court disagrees with me”. This tactic must be used sparingly and really only  as a “backstop”. Otherwise you would never run out of issues to argue and it would make your essay look like it was written by someone who does not know the law.
3) Know the vocabulary. Knowing vocabulary increases your confidence, makes it easier to discuss the law, and shows the examiners you likely know the law.
4) Know the reasons for the rules, not just what the rule is, because in a hard case we are not only arguing about whether these facts applied to that rule reach this outcome; we are also arguing about what the rule should be, that is we are arguing about whether to apply one of several competing rules. Fortunately for examinees, the bar currently does not focus on the abstruse arcane questions of which rule to apply, limiting its examination to the concrete questions of certain facts applied to settled laws.

In other words: yes YOU Can pass the bar!

Secrecy Rules:

Assassinations and terrorist attacks may be launched anonymously. In that phase you write out the attack. Note: there may be players with spy capabilities.

Phases in sequential order:
Swaps
Assassination (may be anonymous)
Terrorist attacks (may be anonymous)
Declare any civil war
Foreign Intervention
Votes

I have emailed you your (new?) abilities and agendas. I am still at the classroom if any of you have questions or want to see me.

Special Abilities

Qslw zwh yfdf bbn qqrshegwaeff cjgaarjfnebj ku yzy Qaecai Fupvkwo bzcyu sxqqv lafqup nf bae cjesahc 500 pkrjx. Zisrrnn, kgl pua DJ yg cjgaarjfy avpqaw sfh ckueyawwy ljnyayo zqbp fylar, ka pmw OO njm Nzkmen idoy sanra.  Uwws gwl oceqd ndjwap zh nk 5 nobwxahwgexj flnazlco!

Xslwu yjj hghrrnc ozhjkepnnx ahpb yjom gl ynoq esli ohlykwlynf wc w wsna bb 1 okw 1. Kunndj yff wwyh okw zoinjrpfjcwa ewpjjpaaprks sn pua lkxl ib 500 pkrjx, obepd feqd nnvcpaw s bqzwweyslenj rjywlrrjcetf vu gdn Q.X. gl bbn 1000 lknfm sueld bafh gnrclwl dhijjnlunvww eslyniawpngh xl Cnnrshu. Vj neyzyn pwba yzy eapnnawheac lkzfnnl srhq lbaa lakaaxa 100 pkrjx shz 100 pwwjtfm pb Ojnfz ujq 500 yxesk ujq 500 yjjsgho gk fdteyrrn Bwwsb yukxojk.

Lwazh yff vql yjjsgho np 500 lknfm lrn lwsfij. Ewwzd uuj ywdjhz naenxnnkn wgpjypk up ak lkxlm.

Lnpaehc wwa hjqsub prnakwamp npcwhcm wg jx ytkn.

Xrj lws kjaaz lknfm ka nnojslyu wwz iwpaykyijfn. Bbn nwhz 100 wkvjb dj kjaazb dnk lazwrjnfa ybewo fjy eayaafkyz ou 1%.

Vepw wwa yxjawlp pkrjx ahpb odluglprnb: 100 ytaho = 1 aaf ozhjkepnn.

Xslwu yjj iwwhnnn ws slpvoceh swpvkw wsv cickba f 100 uiea pjt tf ujl luwdwl waz “bpjsf” 100 ks pqwy hfwlaao xmjlbncawk.

Ndr irjnknnl ko btjyetj jbkscnf: bxn jswd 100 pwwjtfm Xrytu xhyjqo, bdj uuj bxcwnf 500 wkvjb kk ulaqec bwgg pua Djnlyz Fpjpjk vqg kwhd mj pb 3500 ew ytaho jeuh gw mk pnnznlyz.

Yqro hsh xhu bquhingaao kjii njh lqssae wc pmw wkfp xb 10 hgcjf bxn 1 xmjlbncaw

Duqeau yff xaphjnj s nnnjbey knnvgn wsv lazkea 100 hgcjf bakr shu chjujj. Fwhnnh igyo akc cjl ndr yxesk, ndru jnj jyibrnz kjii chju.

Mgja uwb lqsho ska ws snkzel xtev xhp wk udopbjrqr gl aanrymwx qewweze. Mdr yjj mgqaiaa kgluea awkzyb aanrymwx qewweze vu flnjiahc 10000 pkrjx shz 1000 pwwjtfm. Jhyuafj vkzxb ifq va honz yg uofwbonfupr w yhfqyn njm ifq hkg xn pmoungam. Pmws inu jhxg va honz yg mpbl j btjyetj rjywlrrjcetf, wkfprjl lba vjcawnyjvjp ltoyn 5000 pkrjx shz 5000 pwwjtfm. Qfa xb smwhrwa sjsjkao vwd lletcnn f xinrepj nfnaernjyaij.

Zwapnfu ynj jop shu bjn lqssae, xdp tffu bjn lqssae, sqwy lbavn bljucwy wkeqanu bn qeivyj ncnjis co, oqc jtl vkgd. Vwwlcjn yjj xlywy 500 yxesk znbi jjd hfwlaa afub nbqwz.

Iwjwepvasl ib Fpjpj euu gdfwwl ijyu 5 cawjinvoc wyluyxo fdnub pnnpay hynfkwo ffx svhu jtl ndjwap ywlnbnroy snpnyto bzcyu pjnlwn ybewo.

New(?) Hidden Agendas

To attack a vigenere  cipher you need to figure out the key length and then the key. This is done by searching the cipher text for strings which repeat. Several repeated sequences of a vigenere cipher indicate the same portion of the cipher key and will likely correspond to high frequency English langage text sequences such as “the”, “and”. This is simple vigenere, Not keyed vigenere.

HIDDEN AGENDAS.

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pdplr utbs 200 hvlko hcpsmjmsga aqb Dtfp oewq 100 kndewrwcjl ocl

100 crgfl.

Gpzak ualvta tr njxjtvt imjxwvv iqrwkjtvtlmf. Bt p noucazb ewwhp

aghtzvhlwl Gpzak jglsh 500 ausngkhtzs dlv 1000 vcxvs.

Uyfwm lqskck mc hbaur zbg den dper. Tdz edaz liexourwk ocl crgf as

pkqxgjxg wm aoqg zsia a ipwx qpvnrl.  Jtbsg swgde kxahhq lh pjqlg

fal zpjou sfbcc qn imjxwvv crsfmfxms. Ld s ycgmijl uhicbrb

gfmsgdeqck tbs pe kyk gc jvirl lasgm aoj zbg hcpsmjmsga auc

uhbkmrwcv bbiw cdlfhbh ing fal giwcn mx vocvoqq al hwmn gmmuztl.

Ii fw aoh i ldzgk icqoq gf mvpb crsfmfn bhhl zx upqnv 250 qmiddzthpk tbs 500 kaqlggg.

Eitugud kxahhq lh gtm Rxqkbo xvthpnxbt ing lsfs Eitugud qwqei mx lhpbe. Ld Jnghqa lllxfkmnhq gosgblb Nsmfxkk jyaggi 5000 kollk 1000 vocvoqq tnh awshq 100 kndewrwcjl.

Vdxe zyfmg iw wrpc pwip tkc ykstvs rl kvwtvtldav ftaedpua. Wu bhh

ejxsca gltw Acem 1000 sxnhhfimrv mj 1000 vcxvs wfwg hwm gucwgg

wivh zwxb rwosrww ocl mdw ggzn mnwcj bbiw a fmsewiqoq egosgvmhll

pwip tkc fthxwndj ebbdziww htfig aqb hthgqcn esbbh in dbvbhxwndj

5000 uhwca dxc lh o gmshyjvv qzedilafdcgk.

Kads linwq lh dgmvhll t tdzelef bbimrycfmwdv ou y ubjxt wdp. Ag

spkh ummgr lpeuc lasgm iv lg ycgmijl aghtzvhllbcc pe jyagg 100

hcpsmjmsga aqb 100 uhwca. Iq csvv gwuqb oasgm tkcjx wh vo fgnbz

lir kc ytwca 100 sxnhhfimrv yfw 100 qdqnv. Gf xorp rrsfw kwmrh

rzxft qs qm lxfgwrlqe as viiqq 10 uhwca.

Bhacr kpvtv rg ksbiiq kagwhbeu mx ycgmijl sytpqrv. Dgk spkh syjmm lpiff hkcbqshq zxf iw bh lsfss uiqgkmsg wf imjxwvv aidsbfh ahh esbbh 500 kollk. Lvt uab ydlc eiy dlq iogb 1000 crgfl hd nouaw bh iw ndkw asg noucazb bqnlqlxf.

Hirdf otbia tr zw gobmd d sfbjtzslrq ifdnevqgk. Gwm mdw tx vxzeg yk lirp bb  rzx axvivrwk cu mdxasmwdv (Hrnw). Bt wqrhb kas viiqq 1000 uhwca aqb 1000 kndewrwcjl pjb tkc ebbxatuw gy tdzelef ttuiiuq

dhgta 500 crgfl ocl 500 sxnhhfimrv.

Rzx axvivrjr cu noucazb pnfdgjl kpvtv rg ifddonc s N.G.

xvthpnxbiqoq. Gx mvt C.S. lllxfkmnhq Txqzg gdgfl 1000 qdqnv yfw 1000

gjxprplxfh.

Tulq otbia aqw xhftqgq gfmsgdeqrahb hw hh asg gttl pmjx tdwd.

Hyua tdzelef bbimrycfmwdv wljd zwkm Lxgk 500 vcxvs.

Oymksa eaqrk mc pdolb s ycgmijl aghtzvhllbcc jefymls xb wrsdw hxm

us rzx hginvgl gsi ing ksds xb ipnglgxjlh rg lhgqkh. Gf xorp rrsfw

hwmrh gk gc xvthpnxbiqoq qzx upqnv 100 agbbh.

Posc otbia aq ylhaxk brkt tbs qf vfw zsia oqc yxhh 100 kollk tbs

100 ausngkhtzs dlv 1 vocvoq. Yf thduif zgfp biy ec mlss bo hglasg mllkagoim oqc heonmr rp lh giwp d dgksxon lllxfkmnwggg pjb mdw hkckwkh y xhftqgq gfmsgdeqrahb.

Birwgft kpvtv rg tjdqd dlq bbimrycfmwdv. Ii yfr qdcnwpq

bbimrycfxg hpe omkxg 500 hcpsmjmsga aqb 500 uhwca.

Dhnskhbmnw mx Lhpbe zyfmg iw sksl mvt Cnlrww Tgmegme Iogby rsl ht

ewwhp. Am apg guyfm 100 qdqnv rg tbn wtkcj icaqtlase dpztb csvv

gwuqb.  Lawh ordll bg cwt fmflwsmrhb aghtzvhllbcc. Bhh Sfbhtl Swylxg hbioj otbia tr ynhws qnwcjoscqnj. Rg bbimrycfx

qdatv rzx I.H. 5000 kollk.

Tghisllsmwdvs fmkm 1 qpvnrl.  

Cryptography primer.

To attack a vigenere  cipher you need to figure out the key length and then the key. This is done by searching the cipher text for strings which repeat. Several repeated sequences of a vigenere cipher indicate the same portion of the cipher key and will likely correspond to high frequency English langage text sequences such as “the”, “and”. This is simple vigenere, Not keyed vigenere.

Mechanics

Between now and Wednesday you may swap resources but may not engage in any armed attacks.
Civil/Intervention war combat mechanics:
To start a civil war costs 1000 supporters. These supporters are “casualties” and are removed from play. Each armed attack costs each side 100 supporters.
A party with cannons may attack another party with cannons.
Each party subtracts a number of cannons as designated by the party with more cannons.
Example: A attacks B. A has 1000 cannons and 1000 supporters. B has 900 cannons. A indicates 900 cannons are to be removed. A now has 100 cannons, B has 0 Cannons.
No civil war may be started untill wednesday.
Armed intervention combat mechanics are the same as civil war combat mechanics.
Starting a civil war may trigger a foreign intervention.
Terrorism: a player may sacrifice 100 cannons and 100 supporters and 100 coins to attack via terrorism. Terrorism may trigger foreign intervention, but is much less likely to do so. The terrorist attack costs the victim 200 supporters and 10 cannons and 10 coins.
The U.S. may not engage in state sponsored terrorism.
Game phases:
Swaps of resources
Assassination attacks
Terrorism attacks
Civil war attacks
Votes
FIRST VOTES:
Greens 500
1000 greens
800 to the greeens
—-
2300
Russia 100 for patrick
100 to patrick
500 to patrick
250 to patrick

950
100 for martina
martina 1350

1450
1450+950+2300

search terms: vigenere, key recovery

OQGGIA AMIAGAZ

Tdue bbzevqs 100 zcsssetkvf lf h krdpvtosa jocmuqqrnz mf ioyuhg vntnie whhv d psaovsyb gvdhurzetx.

Fdrhp zlwuey xb srvdrni n fuvrlgu qqwievkrglou. Qi d jbrkmtq pvehu matkvihnla Vdvnh ufgdiua 500 vxtcoxxrus hvg 1000 fsvny.

Vnqdf elvlrs zs oxisl klw yahse xnpwq lr soxivjn jwxqxeikw. Vi a mwuhmtn ishqtyg lqxrrbiahs hvg ki uay rb xnpwq wlrrk eyo hpa vxtcoxxrus hzh fsavkvghd pvwr gnntsav aul klw ftugx rf jiqqsas ow gkeu lrxfyej. Ms ke oiv d pnbuv hqivv lq xuaz gbxnazb wlrn gpy kiz kdqrbny eeh fvzihmgej xb whhb fryatxc.

Cdtyqfn avsnif wo zmh Peetorn nisthg ead zlr qaaqrqey morbuiag hatrlriq. Lf Tiuwmaa ow nvshavlrntkh uh oibdlrf 1000 satcrramuv.

Lbpk anqtz br zsek cmgk tom juirny sa vcpmqwmsii vrvehzfk. Ms tni tuelvv jmie Nsch 1000 sbxsrvgexw bu 1000 cvqqv xuet xuh gymhqw uabi oheu krrtgej eag mhg rqpl etxru iubr d gbarmglou oryiensiaw wpbk wlr ngxvrnht plrbroxl saybb drq pgxelcr odlrf at eqgiaqrqey 5000 cumav dbm wr e eeyinuco juhextnvbxgo.

Ulni jatxf wo havdwfitegh ast wkvre ringeya dqh qeipnue h llfxntuvfkiw elwl Ziqi nv dpkwdxbr.

Yeedh diqww go hi admll d xrvvkvfltf xurjrsyse. Lf Owsh lvrkw uhr aphq Wnrgl thtz 1000 krlrf ath 1000 fxpwwuwies hyg whl ulqmftxc bi fvzhlka aljnlrz trvif 500 cumav aul 500 vxtcoxxrus.

Aph pmaiyxeb om nruivgt esiapzv: Eipke anqtz br svbvuor d U.Z. qqwievkrglou. Qi wlr U.Y. maweydhqif sni tdiua 500 frmas grq 500 vuwxruxrry.

Phls diqww nne jbuepoq lrgexzrqtpwq vs ue iea vest prvr fusq. Hajp irvrimr vqtlzyhrgiur jlls olyi Yuow 500 priua.

Odyeer anqtz br dzbij e srrlqjq matkvihnaqrq frcgyfh ia erxpq toi hs tom wueasox aht hvg pexe ox vppvavlfye zs fwrpsh. Lr rail eruul wkiee ow ar iubhuzrnzmbq som jdmas 100 isvqs.

Owsh annzw nq aawplg oosf nqd pn vki tezw bqe nmwv 100 gbitw nqd 100 zcsssetkvf dnk 1 kdqrbn.

Seewiui zdrgs zs nyopl d X.W. vnzieyeublrr nnj tervvsh drl ozlru iubhuzrnzmbq. Im bkh Y.F. itxruvlvhv wue rsfhs 500 zcsssetkvf dnk 500 krlrf. Il eab oaphu gbutxeb iubhuzrnkw fke nilqw 500 poorf dnk 500 axstbrziev.

Dlxduxzetx bi Saiwh annzw gr acwlg matkvihnpvj. Heph xshqd aph Xrvtkh Fwaamv gsrs tsg lnamuyia iz knlnz 500 krlrf.

Aywnviuiwlsas isfw 1 chvqrr.

  | HUMA NBCD EFGI JKLO PQRS TVWX YZH | HUMA NBCD EFGI JKLO PQRS TVWX YZ
U | UMAN BCDE FGIJ KLOP QRST VWXY ZH
M | MANB CDEF GIJK LOPQ RSTV WXYZ HU
A | ANBC DEFG IJKL OPQR STVW XYZH UM
N | NBCD EFGI JKLO PQRS TVWX YZHU MA
B | BCDE FGIJ KLOP QRST VWXY ZHUM AN
C | CDEF GIJK LOPQ RSTV WXYZ HUMA NB
D | DEFG IJKL OPQR STVW XYZH UMAN BC
E | EFGI JKLO PQRS TVWX YZHU MANB CD
F | FGIJ KLOP QRST VWXY ZHUM ANBC DE
G | GIJK LOPQ RSTV WXYZ HUMA NBCD EF
I | IJKL OPQR STVW XYZH UMAN BCDE FG
J | JKLO PQRS TVWX YZHU MANB CDEF GI
K | KLOP QRST VWXY ZHUM ANBC DEFG IJ
L | LOPQ RSTV WXYZ HUMA NBCD EFGI JK
O | OPQR STVW XYZH UMAN BCDE FGIJ KL
P | PQRS TVWX YZHU MANB CDEF GIJK LO
Q | QRST VWXY ZHUM ANBC DEFG IJKL OP
R | RSTV WXYZ HUMA NBCD EFGI JKLO PQ
S | STVW XYZH UMAN BCDE FGIJ KLOP QR
T | TVWX YZHU MANB CDEF GIJK LOPQ RS
V | VWXY ZHUM ANBC DEFG IJKL OPQR ST
W | WXYZ HUMA NBCD EFGI JKLO PQRS TV
X | XYZH UMAN BCDE FGIJ KLOP QRST VW
Y | YZHU MANB CDEF GIJK LOPQ RSTV WX
Z | ZHUM ANBC DEFG IJKL OPQR STVW XY

Our First Simulation.

Martina – National Minority Party (the former government) 0 Constituents, 1000 coins, 1000 cannons
Luis – Farmers Grange Cooperative Society 200 supporters, 500 coins, 100 cannons
Laurel – Transit Union 100 supporters, 1000 coins
Hope – Chancellor of the former university system 0 supporters, 2000 coins
Lara – Amnesty International 1000 supporters, 100 coins
Mike – Army 1000 supporters, 1000 coins, 1000 cannons
Becky – Foreign Ministry OR U.S. state departments if FM 100, 1000, 100. If DoS 0 supporters 5000 coins 10000 cannons
Sarah – Femen 500 supporters, 500 coins
Ben – Green Party 0 constituents, 1000 coins, 100 cannons
Randy – Mining Union 500 supporters, 2000 coins 100 cannons
Patrick – National Freedom Party 0 constituents, 2000 coins 250 cannons
Goal is to form  a government. To form a government you need an absolute majority of supporters OR a coalition. Each party has a hidden agenda. I give those out on Monday ^^
You may trade any resource you have.
You may not use cannons to obtain resources (“war”). Cannons are only useful if
1) A civil war breaks out (which is not this part of the simulation, or necessarily any part)
2) Foreign country intervenes.
Both are possible within this simulation.
3) You may however assassinate a player IF you have cannons BUT if you do then you lose ALL coins and suppporters which are distributed to whomever the victim designates! If you assassinate a player that may or may not cause a civil war or foreign intervention.
The national minority party is 1) a minority of the population. 2) The former government. Hope and Luis are both members of the national minority. Mikes mom is in the national minority and in the national majority. All other players are members of the national majority.
If Martina is assassinated that triggers a foreign intervention by one or more much larger neighboring states (including one where Martinas nation is the national majority).
You “win” by a) surviving and b) forming a government and c) being named to a ministry and d) fulfilling your hidden agenda. Points are scored based on attaining those goals (A-D) and supplemental points are awarded based on how many coins, cannons, or supporters you have.
Each player may “pledge” their supporters to a political party. A political party with the majority of the populace in support may form a government, alone or in coalition with one, and only one, other party.

 

Protests

What types of protest actions are effective?
http://inthesetimes.com/article/17440/what_makes_protest_movements_explode
https://www.quora.com/Why-are-protests-so-ineffective-for-achieving-political-change
http://www.bbc.com/news/blogs-magazine-monitor-30402637
https://www.youtube.com/watch?v=FFrZfluKDrc
http://mavrixonline.com/wp-content/gallery/20100727_times_square_peta_protest/7_27_10_nearly-nude-peta-protest_778.jpg
http://content.time.com/time/specials/packages/article/0,28804,2080036_2080037_2080049,00.html
http://www.theatlantic.com/photo/2013/04/femen-stages-a-topless-jihad/100487/

What types of protest actions are ineffective?

http://occupywallst.org/
http://www.theatlantic.com/business/archive/2014/01/the-dark-side-of-globalization-why-seattles-1999-protesters-were-right/282831/

The UN Reports System
https://uk.news.yahoo.com/un-set-challenge-uk-welfare-103318657.html

How do sanctions operate?
No academic or cultural exchanges
No tourists
Freeze bank accounts: Exclusion from financial system
Boycott
Embargo
(Aircraft with no spare parts tend to literally crash…)
Non-extradition of criminals
Non-recognition of foreign judgements
Withdrawl of the embassy
Derecognition of the sanctioned state — though individuals are no longer outlawed states can be and sometimes are.

p.s.: when a whole bunch of countries gang up and sanction you get apartheid era rhodesia which we now call Zimbabwe. Ditto South Africa. Sanctions can and do work, depending on the ability to … marshall allies.

Next time: child labor http://www.cracked.com/personal-experiences-1466-5-awful-things-i-learned-as-child-laborer-in-usa.html

Just for fun! Conspiritology
And:
ok I didn’t say to read high quality cannonical literature exclusively
<chortle>

http://www.cracked.com/personal-experiences-1892-i-got-kidnapped-by-terrorists-threw-one-off-mountain.html

One of the things I learned is the importance of planning and training. Frankly, sometimes state department people get robbed or kidnapped and even killed, and its due to bad training or even no training. So try to ask when reading this “what went wrong, what went right, why did it happen, why will this not happen to me, and what will happen if it does”. Frankly, with good training everything becomes an automatic reflex because you have done it dozens or even hundreds of times before. One doesnt really have time to “think” in a crisis its mostly just “reactions”.
 Eselsbrücke: Mnemonic, shortcut.
https://www.youtube.com/watch?v=oZ2OslbC1nw 
Frau Deutsch von Bierhaus 😉

Human Rights Activism

Refugees continued:
All those dead refugees are: lost productivity, lost  income.  So it costs us all.
Developed countries have a self-interest in helping the poor countries develop.
This is why “so what” “who cares” are horrible ideas (but not as horrible as “good, glad they are dead”)

https://uk.news.yahoo.com/hungary-allowing-migrants-onto-trains-bound-vienna-germany-102821825.html
https://uk.news.yahoo.com/germany-says-migrants-arriving-hungary-must-register-103116676.html
http://www.latimes.com/world/europe/la-fg-germany-migrants-20150901-story.html

https://uk.news.yahoo.com/india-village-elders-sentenced-sisters-151317532.html
https://uk.news.yahoo.com/protest-sisters-sentenced-raped-031622290.html

What do HR activists do in practice?
1) Raise funds http://www.cracked.com/funny-8767-canvassing/
2) “Educate” “raise awareness” i.e. militate.
3) Influence legislation
4) Influence political decisions

Refugees – Interlocking Crises (War, Poverty, Corruption, Crime) Kill Innocent People

QUESTIONS:
What causes refugees?
What are the possible responses to refugees?
Which Responses are most effective?
Is Germany an example of a success story of refugees? Or is it a story of the failure of multiculturalism? Why?

Refugees are the “flip side” of political exiles. Individual people go into political exile for political reasons, whereas refugees are a mass phenomenon of ordinary people. There is no formal legal framework for political exiles, but there is one for refugees, at least in Germany, and in most first world countries.

Modernity, unlike the pre-modern, tended to see the state in its “ideal” form as a unity of territory, and people, and the people as a unity of language and religion. This was never the case of Germany, unlike France, which is why the story of German unification and state power is so conflicted.

German population in Europe prior to the war:

This doesnt include the Germans living in Estonia or Russia (“Ritterorden” and “Wolgadeutsche” respectively) or the various German settlements in Africa and the Americas.
Volksliste

Refugees in the immediate post-war era.

Art. 116 GG
Art. 14 StagG
Some were forced to flee, because Russia seized their property.
Others (the minority) chose to flee.
Almost all the refugee flows were from East Prussia (Pomerania, what is now western Poland and Russia).
Few fled from West to East.
Mass rapes (now jus cogens)
Child soldiers (now jus cogens)

Current refugee issues:
Example – people fleeing war in Libya and Syria wind up on over-loaded boats, which sink, killing the refugees.

-This is an example of neoconservative regime change not thinking through to the unintended consequences of armed interventions.
-Russia opposed attack on Libya vehemently.
-Russia also strongly opposes attack on Syria.

Example – people fleeing overland in overloaded trucks die of suffocation.

Hungary plans to build a wall between it and Serbia, which provokes more refugees (“now or never”)

Organized crime and political corruption together cause the overloading leading to avoidable deaths.

Germany organizes maritime rescue patrols in the Mediterranean

German law on asylum is
a) really well developed
b) very generous
c) tries to prioritize war refugees over economic refugees
d) tries to prefer well-integrated refugees with good working skills over desperate broken people
-case of the Palestinian crying girl
-backlash: fire-bombing of asylum centers, mostly in former East Germany
-compare to bombings of black churches in current USA

Germany took in 800,000 immigrants this year, second largest on earth, a very very large number.

To present, few refugees from Ukraine, because they can settle in Western Ukraine (or Russia).

EU Blue Card

DISCUSSION:
QUESTIONS:
What causes refugees?
What are the possible responses to refugees?
Which Responses are most effective?
Is Germany an example of a success story of refugees? Or is it a story of the failure of multiculturalism? Why?

VIDEOS

GERMAN LANGUAGE – SLOWLY SPOKEN REPORTS – REFUGEES 
https://www.youtube.com/watch?v=FtCVB5dN4Hc

HISTORICAL VIDEOS
Mass_Movement_Of_German_Refugees_Ulm

    www.youtube.com/watch?v=sp3ll5ay8ZE
31 Aug 2014 – Uploaded by WWIIPublicDomain


German Refugees (1945) 

www.youtube.com/watch?v=AqE_-fvp2Is
13 Apr 2014 
Germany / Poland Various shots of crowded train with people hanging from wagons

CURRENT EVENTS:

Asylum – The Life of Refugees in Germany … – YouTube

15 Nov 2014 – Uploaded by DW (English) 
Asylum – The Life of Refugees in Germany

Germany’s Refugee Crisis | The New York Times – YouTube

9 Dec 2014 – Uploaded by The New York Times

More refugees are seeking asylum in Germany than in any other country, straining Germans‘ tolerance 

Internships (Praktika), scholarships, volunteer opportunities

I contacted the UNHCR here in Berlin, they will be happy to have us visit.

UNHCR = UN High Commission for Refugees.
They DO offer (unpaid) internships:
http://www.unhcr.de/unhcr/jobs-und-business/praktika.html

You know that State Department offers scholarships for critical needs languages?
http://exchanges.state.gov/us/program/critical-language-scholarship-program
Fulbright offers Teaching English as a Foreign Language scholarship
http://www.cies.org/article/fulbright-tefl-opportunities

 CIEE also offers teaching ESL overseas.

So does Peace Corps
http://www.peacecorps.gov/volunteer/learn/whatvol/edu_youth/

ROTC scholarships:
http://www.goarmy.com/rotc/scholarships.html
http://www.nrotc.navy.mil/scholarships.aspx
https://www.afrotc.com/scholarships/

CIA scholarships:
https://www.cia.gov/careers/student-opportunities/undergraduate-scholarship-program.html
 CIA Student Internships
https://www.cia.gov/careers/student-opportunities

Please note: for your own safety (and your family’s) do not apply for anything CIA or NSA outside of the continental United States. 

NSA does hire linguists but is looking for computer specialists.
https://www.nsa.gov/careers/opportunities_4_u/students/undergraduate/iasp1.shtml

Note also that Peace Corps and CIA are mutually exclusive. Doing one basically makes it impossible for you to do the other.

US Institutes for Peace is not, so far as I know, incompatible with any of the various services.
http://www.usip.org/grants-fellowships

US Aid Internships:
https://www.usaid.gov/work-usaid/careers/student-internships

State Department Internships *ONLY OPEN TO *STUDENTS*! so it is “now or never”.
http://careers.state.gov/intern

UN Volunteers:
http://www.unv.org/how-to-volunteer.html

State Department Volunteers:
http://www.state.gov/m/fsi/tc/79984.htm

DAAD
https://www.daad.org/undergradprograms
Program search engine:
https://www.daad.de/deutschland/studienangebote/studiengang/en/

Study in Germany
https://www.study-in.de/en/index.php
 

Please note: if you are an unpaid student intern and impoverished you can and should apply for food stamps and get free food from food banks such as red cross, city, county, salvation army. I try to be practical.

Basically you should focus on developing as many useful skills and talents as you can: making yourself useful to other people just about always works. You want to be a technical expert and have good people skills (“soft skills”).

RIGHTS DISCOURSE

A structured argument is much likelier to be persuasive and thus convincing as compared to an unstructured argument. Thus we must structure rights, especially human rights if we wish to convince the court since human rights are very recent and often ambiguous.

STRUCTURING RIGHTS GENERALLY
Presumptions
Burdens of Proof

Hierarchy of Sources of Law (Highest to lowest)
(International law?)
Constitution
(International law?)
Ordinary Federal Legislation
Ordinary State Legislation
 Judicial Decisions (Case law) (apply by analogy – my case is just like that case)
 Supreme Court
Appeals Court
Trial Court

Interpretation
1. Text – plain meaning
2. Context – grammar, structure, other laws
3. Legislative history
4. Goals of the Law

STRUCTURING HUMAN RIGHTS

Hortatory (Declarations, Resolutions)
Executory
Vested

Political (Vote, strike, assembly, press, speech, petition

Procedural | Substantive

Alienable ($) | Inalienable  (Fundamental, Constitutional)

Economic (property, contract, no expropriation)

Basic
(Free movement of
goods, capital, workers, services)

FREEDOMS FROM versus RIGHTS TO
Negative Freedoms From State Power versus Positive Claims to State Resources

RIGHTS TO
Food
Shelter
Clothing
Education
Unemployment
Pensions
(usually by social insurance)

PROCEDURAL RIGHTS
Notice
Hearing
Know Accuser
Know the Accusation
Open Court
Confrontation
Trial by Jury
No Bribery
No Nepotisim
No Torture (unreliable!)
No unreasonable delay
Privacy (no unreasonable search or seizure)
No “corruption of the blood”
No “ex post facto” laws
No “bill of attainder@

READINGS FOR THE WEKEEND

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1271443
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1268335
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1020464
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1424691
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1434045

Today’s Lecture

What is “jus cogens”?
What rules are “jus cogens”?

Were there individually enforceable rights or duties under the pre-war system of international law?

Are there individually enforceable rights or duties under the post-war system of international law?

Name the principal international multilateral treaties (=conventions) in the post-war system.

How are legal rights characterized? Name classifications of legal right.

How are human rights characterized? Name classifications of human rights.

Why did individual human rights, and even individually enforceable human rights rise into the international legal system?

Note: these questions are of the sort which I could test you on at the mid-term and final exam!
Learning to learn: pretend you are the prof! Write out model questions and answers as if you were teaching this course. That always got me good grades. 🙂

How to think; Introductory International Law

How to think:
Counterfactual reasoning:
-What if it were NOT the case that X were true? Then what?
Goal oriented reasoning
– what circumstances, if true, would lead to that conclusion?
-Where does this fact lead to?

 Is international law binding law? Why or why not?
Who are the enforcers of international law?
What are the consequences of violating international law?
Compare with domestic law: are domestic law´s perfectly observed at all times and places?
Why do people obey law? Do states obey law? Why or why not?

What is a treaty? A convention?

What are the elements of customary international law?

Functionalism: building peace piece by piece. A step by step incrementalist approach to resolving specific problems, sector by sector, so as to attain objective unbiased neutral expertise without regard to national prejudice.
Examples of Functionalism?
UN
WTO
EU

————————————
What is the rule of law?
Positive definition – what signs are evidence of the presence of the rule of law?
Negative definition – what marks the absence of the rule of law?

Current events: readings

Readings

The remainder of this page is your required reading. and is a “skeleton” of the course.

HUMAN RIGHTS IN THE CULTURAL CONTEXT:

Introduction:

Constructivist learning theory:

The Learning Environment
*Safe
*Fun
*Exploration
*Curiousity
*Interaction
*I will tell jokes, to try to make you feel relaxed and happy.
*Work hard, play hard.

We’re here to learn
-to learn legal English, a specialized technical vocabulary.
-to learn law, a technical field.
*texting and i.m. is better than chatting, it is less disturbing to me and to the other students.

Course Objectives:

Legal Reasoning
-Analogy
-Deduction
-Abduction
-Conclusory reasoning

The Exam – Klausur – Case analysis

Introductions:
-Who has a weblog? (blog)
Teamwork?

Final exam or Final paper
Exam will have 1 essay 10 multiple choice. You can earn a passing grade with 10 correct essay answers and no essay, or a great essay and 0 correct multiple choice answers.
(number essay answers correct*10 + essay grade on scale of 1-100)/2 > 65% = pass.

Abbreviations:
HR = human rights
FP = foreign policy

PLAGIARISM
Plagiarism is the unattributed use of others works. When you use texts of others, whether quoted or paraphrased, you Must indicate such with a footnote. The footnote shows you have done your research and are not copying others work wrongly. Footnoting is good! Copying texts is ok, but Only if you indicate it with a footnote. We are teaching you how to think; we are not teaching you what to think. We want you to learn to think for yourself, to think independently, to think creatively and critically. Yes, we expect and hope you will read and refer to other authors – explicitly! You Must say when you use any other author’s text. There’s nothing to hide. We understand how difficult it is to write in a foreign language. It’s ok to quote other’s texts, even extensively. But, such uses of others texts must be cited with a footnote. It’s only fair. When you use any other author’s writing without citing it with a footnote it is as if you were trying to present someone else’s original work as your own. It’s not fair to that author. It’s also not fair to your reader – your reader will want to know where you got your ideas from, which other authors you read – and are responding to.

Because plagiarism is like stealing it is a serious academic offense. I know you will want to use other author’s texts. That’s fine it’s even expected and desired. BUT you Must tell us you did so – and that’s what footnotes are for. They show us you have done your research, have read and thought about other others.

FOOTNOTING
The footnote should be as follows:
Author’s First name and last name, a comma, the title of the work in italics, a way to find the work, the page or pages the cited source comes from and the year of publication, a period. Then, “Available at” and a url if possible. So, for example:
Eric Engle, My Next Great Idea, 1 Journal of Law and Economics, page 17 (2010). Available at: http://lexnet.com/my-next-great-idea.htm
The footnote should be sufficient so that I or your reader can locate the original text.
If/ you have lost the source, you should indicate as much of the source as you recall. An imperfect footnote is much much better than no footnote!
presents detailed rules – including examples! – of how to cite to legal sources in U.S. Style
presents detailed rules – including examples! – of how to cite to legal sources in British Style
they are similar but not the same. Please format your footnotes in either of these styles. You should choose the style based on whether you wish to try to publish your work in the U.S. or Europe, respectively.
shows how to cite to E.U. Laws.

You want your footnotes to be as proper as possible because editors at law journals will judge your work a bit based on the quality of your footnotes. No editor wants to reformat your footnotes. But an imperfect footnote is so much better than no footnote. It’s the difference between “acceptable” (a bad footnote) and “unacceptable and thus failure” (no footnote).
Most all of your life you have been told What to think. Anyone can memorize. We do not tell you what to think but How. That’s what we are looking for, and why plagiarism is common, yet unacceptable. It’s common because 1) someone else has thought of this 2) the grammar is so hard 3) it doesn’t seem like a big deal, people copy all the time. But it is a big deal, because we need to know where you got your nice text from, to be fair to other authors, and so you don’t appear to be stealing other’s ideas and presenting them as your own.
Citation is also important because Courts will Not “just take your word on it”. The Court Must have good law, must know where the law is which you are relying on! Prelaw Links

Research Sources for Your Paper:
http://www.scholar.google.com
http://www.ssrn.com


Philosophical Questions about Human Rights (Law)

Problematique:
Are Human Rights (HR) a “sword” or “shield” in Foregin Policy? (FP)
Relationship between national constitutional rights and international human rights

Define:
democracy
human rights
rule of law
economic productivity
How do these relate to each other? In law? In real life?

Law is a fiction, but it is a necessary and useful fiction.

Basic question:
What is the right?
Who has the right?
Against whom may they enforce the right?

TOPICS

Children’s Rights
Women’s Rights
Rights of Racial Minorities
Rights of Religious freedom
LGBT Rights
Right to Food
Right to Life
Right to Travel / Immigration
India – Capital punishment, right to food, GMO seeds, pesticides?
Trade/Business and human rights: sanctions? Does human rights observance give an advantage to business trade? Does HR implementation create a good business climate? Does HR observance result from a good business climate?
Refugees:
https://uk.news.yahoo.com/calais-migrant-claims-travel-uk-111742031.html#nlsALAz


Germany and HR:

German President Gauck on HR:
https://www.youtube.com/watch?v=E0hThZR5HR8
The German Presidency is a basically symbolic post, more or less like the UK Queen or Canada’s Governor General. The person holding that post is meant to symbolize German unity and good values.

German Foreign Office (=State Department) on human rights (in English):
http://www.auswaertiges-amt.de/EN/Aussenpolitik/Menschenrechte/Uebersicht_node.html
Germany’s Human Rights Commissioner Strasser on HR in English:
http://www.auswaertiges-amt.de/EN/AAmt/Koordinatoren/MR-Koordinator/Uebersicht-MRBeauftragter_node.html
Business and Human Rights in Germany:
http://www.auswaertiges-amt.de/EN/Aussenpolitik/Aussenwirtschaft/Wirtschaft-und-Menschenrechte/Uebersicht_node.html
German Foreign Minister Steinmeier on human rights and business:
http://www.auswaertiges-amt.de/EN/Aussenpolitik/Aussenwirtschaft/Wirtschaft-und-Menschenrechte/Wirtschaft-und-Menschenrechte.html
Videos:
Institute for Cultural Diplomacy: https://www.youtube.com/watch?v=BkzI7CrrHfI
Germany and HR: https://www.youtube.com/watch?v=Ee8YyHNHWOo
HR in Germany (lecture six parts) https://www.youtube.com/watch?v=hDq7EAL_V-Y&list=PLSLiIwG5ylcU1HSfepjT6lfU9Mx2cVvOs
HR and U.S. foreign policy since 2000: https://www.youtube.com/watch?v=Ee8YyHNHWOo
“A tale full of sound and fury, signifying – nothing”? Criticism of implementation of German human rights policy.
https://www.youtube.com/watch?v=j-EN-8aNPf4
HR Watch
https://www.youtube.com/user/HumanRightsWatch

Holocaust:
In popular imagination the holocaust is monolithic and tragic: factories of death, kill ’em all. Reality is more complex than that.

http://prorev.com/wannsee.htm
http://rationalwiki.org/wiki/Himmler_on_the_execution_of_Jews

Refugees
http://www.bmi.bund.de/EN/Topics/Migration-Integration/Asylum-Refugee-Protection/Asylum-Refugee-Protection_Germany/asylum-refugee-policy-germany_node.html

http://www.unhcr.org/40f2bb884.html

http://www.bamf.de/EN/Migration/AsylFluechtlinge/asylfluechtlinge-node.html

Judicial review
https://www.germanlawjournal.com/pdfs/Vol09No10/PDF_Vol_09_No_10_1267-1296_Articles_Oster.pdf

The Wall
https://books.google.co.uk/books?id=Q9NJVstXCXMC&pg=PA419&lpg=PA419&dq=wall+stasi+law&source=bl&ots=7h_GhZR-d9&sig=fdtUNyBKYITJVL4fw37kZexNe4c&hl=en&sa=X&ved=0CFIQ6AEwCGoVChMIr_SQqdXzxgIVJ0rbCh2xSQE6#v=onepage&q=wall%20stasi%20law&f=false

https://books.google.co.uk/books?id=xAqUAgAAQBAJ&pg=PA25&lpg=PA25&dq=wall+stasi+law&source=bl&ots=5GlnJCEeTa&sig=eyIpb0F0auyAJnxRY6MWEkRrO-U&hl=en&sa=X&ved=0CIcBEOgBMBFqFQoTCK_0kKnV88YCFSdK2wodsUkBOg#v=onepage&q=wall%20stasi%20law&f=false

Integration of new citizens
http://www.migrationpolicy.org/article/germany-strives-integrate-immigrants-new-policies

http://www.make-it-in-germany.com/en/for-qualified-professionals/living/integration-courses

CURRENT EVENTS

Real world issues in human rights and current events. I will put the links to current events articles on this page.

http://www.nationalreview.com/corner/421517/saudi-arabia-iran-arms-race

http://www.hrw.org/news/2015/07/23/italy-ruling-faults-inaction-same-sex-couple-bill

https://uk.news.yahoo.com/migrant-teenager-found-dead-roof-eurotunnel-train-072556832.html#uHPTCyq

https://uk.news.yahoo.com/migrant-dies-attempt-enter-channel-tunnel-203435830.html#nDJttCn


THEORIES OF HUMAN RIGHTS


Structuring Law Aristotle:
Man is a rational talking social animal, curious by nature.
State is a natural outgrowth of the family.
Man when good is the most perfect animal but when evil is the very worst animal.
State is organic.
Government by rational principle, not by a man “for a man rules in his own interest and thus becomes a tyrant”
The governed and the governors take turns governing and being governed (yes, he says that).
But: Natural slavery. Aristotle thought some people were slaves by nature, that they were unable to think for themselves and needed someone to watch over them. The slave and the free man are different to Aristotle in that the slave “can apprehend but cannot form ideas”. (Man kann Ideen dem Sklaven erklären, aber der Sklave kann Ideen selber nicht gestalten).


Legal Typology
Freedom from / Right to
Negative rights / affirmative rights
Procedural/Substantive
civil and political rights
economic, social, and cultural rights
HR and rule of law

vested right, executory right, claim
4 basic rights in EU – free movement of good, workers, capital, services.

Hobbes
Life without the state is poor nasty brutish and short
People consent to be governed by a strong man who will protect them from each other and other strong men.
State is an artificial person, a mechanism.

Rousseau
General will
Right to Rebel
Social contract
Man in the state of nature is good – but society and social life corrupt him

Locke
Social contract
Labor theory of value
Life, liberty and property.

Kant
Human Dignity (not in the U.S. constitution, central to the German Grundgesetz).
I have yet to see much or any social contract theory in German intellectuals. It doesn’t seem to figure in the thinking of Marx or Hegel.

Social contract did not really correspond to German conditions? It certainly corresponded to U.S. conditions. Adult colonists fled
EUROPEAN RELIGIOUS WARS
so they agreed to form corporate bodies – Massachussets Bay Company, Hudsons Bay Company — these were corporations, chartered to govern lands and make profits.

Like Magna Charta the U.S. Revolution was (partly) about taxes.
U.S. colonists thought they were fighting to have the same rights as people in England.

The U.S. was a new secular order
*Not a monarchy
*Not a religious state (theocracy)
-But a slave state
-Multiracial
*First instance of the idea that peace is built through economic interdependence.
-that idea later gets taken up in the European Union.
*Limited government
-of enumerated powers (named powers)

Preamble to the U.S. Constitution is not a source of binding law.
Preamble Does have interpretive value to determine other laws.
No provision for plebiscites in the U.S. federal constitution.

Constitutional Rights
Arose out of the idea of non-binding hortatotory programmatic goals – Anspornendes Recht
These became increasingly seen as binding law.

Constitutional Principles:
A federal government of enumerated limited powers.
A presumption that federal power does not exist.
Federal powers are in the field of international relations, interstate commerce, international commerce.

There are lots of parallels between German and U.S. constitutional law.
There are also important differences.
There are no social rights (Vornahmerechte) in the U.S. federal constitution.
The federal constitution only contains protections against state power (Abwehrrechte) NOT protection against private power. There is no Drittwirkung (third party effect) in the U.S. constitution.
There is no principle of the social welfare state (Sozialstaatsprinzip) or of “essential human dignity” (Menschenwürde) in the U.S. federal constitution.

U.S. Constitution is written in simple English and is intended to be understood by the ordinary person.

Bold are terms already in the legal language (stuff I did not make up)
Italic or plain text are my translations

Vocabulary: These two are inexact.
Objektives Recht  – Objective law ; Executory rights
Subjektives Recht – Vested Rights; Rights in personam

These are exact.
Materielles Recht – Substantive Law – Substantives Recht
Verfahrensrecht – Procedural Law

Formelles Recht – Formal law; Procedural Law 

Positive Law – Geltendes Recht; Positives Recht

These are exact but are also my own translations of German terms.
Abwehrrechte – Freedoms from State power
Vornahmerechte – Affirmative Claims to state resources
Mitwirkungsrechte – Rights of political participation
Teilhaberrechte – Participatory Rights

Judicial Review
The U.S. and French revolutions were revolutionary because they brought back Aristotle’s idea of government by consent instead of government by divine right of kings.

the story of the rise of fundamental rights is the recognition of fundamental rights politically and then the legal implementation (Umsetzung) of the politically recognized fundamental right.

Why was there a revolution? U.S. Declaration of independence
The declaration is not “binding” law in the sense that it creates no rights or duties
but IS persuasive in that it explains Why the U.S. government was formed; it can be used as an aid to interpret other laws.
“Soft law” is not directly binding but has persuasive value.

1) Taxation – the colonies were only indirectly represented in London.
a) Lots of colonists were tax evaders, pirates, privateers.
2) Land expansion in the West. The British wanted to get along better with the natives so restricted colonization of the west.
3) Violent suppression of riots
4) Slavery is tough. The Crown opposed slavery. The industrializing Northern also opposed slavery.  The rural agrarian South supported slavery.
a) This would later result in the U.S. Civil War.

Interestingly religion was Not one of the causes of the revolution. The principle of religious tolerance existed de jure (By law) in some of the Colonies (Rhode Island is the famous example) and de facto (in practice) in others (New York). The British crown had catholic colonies – Quebec, Maryland.

One key idea of the U.S. revolution was the idea that if the constitution is law then the ordinary laws are subject to the constitution.
This view of the relationship between ordinary law and the constitution did not prevail in England. In England the doctrine of parliamentary supremacy prevailed.

This is the issue of the “direct effect” of public law on private persons
The public law may have no effect,
indirect persuasive effect
or direct binding effect
and that effect may be between
two governing bodies
the state and the private law person
two private law persons

THIS ISSUE OF WHEN AND WHETHER PUBLIC LAW HAS EFFECTS ON PRIVATE LAW RELATIONS IS STILL A VITAL CENTRAL CONCERN OF LAW.
It is an open issue! Controverted!

In Germany, e.g. there is now the AGG.

SOURCES OF LAW AND HIERARCHY

Laws have a legal presumption of being consistent with each other
(Vermutung der Vereinbarkeit der verschiedenen Gesetze)
So, when interpreting laws, courts will always interpret them so as to be not in conflict.
Furthermore whoever wishes to argue that a law is unconstitutional must prove their case: when in doubt, whoever has the burden of proof loses.

Sometimes laws conflict with each other and courts cannot avoid facing the fact that two different laws are in conflict.
How to resolve the conflicts?
There is a hierarchy. (Einstufung)

U.S. Federal Constitution
Ordinary federal law and International Law are next and are equally ranked.
International law may be
-customary international law is directly effective
-international treaty law only has direct effect if ratified
-some treaties codify customary law. Vienna Convention, Convention on Rights of Child, Law of the Sea Convention
Ordinary federal legislation
State Constitution
State Legislation
Customary Law
Case Law

Case law (Rechtsprechung; Richterrecht) is properly speaking customary law. It IS a source of law.

What is Not in this list?
Legal scholarship. It is NOT a source of law.
General principles of law (Allgemeine Rechtsgrundgsätze) – are also not a source of law!
*Caveat: General principles of law and legal scholarship ARE sources of international law. So they exceptionally occur in Anglo-American common law.

Customary Law = Actual pratice coupled with sense of binding obligation.

Direct effect is the idea that a law creates enforceable rights. The entire story of constitutionalization of law is the finding a) that a right exists b) that the right is held by a certain person c) that the person who holds the right can enforce it.

Not all rights are held by persons!
Not all right are enforceable!

There is an international law against kidnapping (=abduction; Entführung): no State may kidnap any person.
States do sometimes kidnap people! Eichmann, Argoud, various terrorists.
Guess what? The right not to be kidnapped is NOT held by an individual. It is held by their State. Your only remedy if you are Eichmann is to beg the German government or the Argentine government to save you.

Further, not all rights are enforceable! Some rights are
a) programmatic — they set out a goal for the government
b) hortatory (Anspornend) — they inspire, exhort.
Hortatory and programmatic laws may however have persuasive value for the interpretation of other laws.

The story of constitutionalization starts with:
1) The question whether national public law (the constitution) can apply to private persons (Vertical direct effect of national law)
-the U.S. said “yes”
-Britain said no.

2) Then the question whether the national public law (the constitution) can apply to the relations of private parties inter se (Horizontal direct effect)
-the U.S. said “no” (No third party effect).
-Germany said “yes”
(Bundesarbeitsgericht: Unmittelbare Drittwirkung der Grundrechte;
 BVerfG Mittelbare Drittwirkung der Grundrechte)

3) The current question is whether and when international public law — treaties — can have direct or indirect effects into national law.
a) Ius cogens — clearly yes
b) Customary international law — Yes in the U.S. and Germany and probably France
c) International treaty — direct effect only if so intended and ratified. May have indirect effect depending on the national law.

ORIGINS OF THE STATE

Most human rights are enforced by states, so we have to understand a bit about the origin of the state to understand the rights which states recognize.

What is the origin of the State?
Organic/Historical Theory: ARISTOTLE
Family, Extended Family, Clan, Tribe, Polis, League of Polises
Seems historically tenable.
Per Aristotle:
-Man is a rational talking social animal, inherently curious
-Slavery is natural and good
-Happiness is the highest goal of life in political society. The object of the state is to attain the good life for all.
*”We do not allow a Man to rule but Rational Principle, for a Man decides in his Own interested — and thus becomes a Tyrant.”
–First idea of the rule of law State.

Contract Theory
-Requires capacity to contract
-How is will manifested?
-Why does contract bind succeeding generations?
-“State of Nature” (SON) never existed: Humans by nature are social and interdependent.
Hobbes SON – “poor, nasty, brutal and short”, a war of all against all, the law of the jungle, natural right to self defence
Citizens alienate right to self defence to a strong man. “a common power to keep them all in awe”.
Rousseau’s SON – primitive communism, instinctive, natural, comfortable, plentiful, no property. (influences Marx)
Locke’s SON – like the garden of eden, impoverished but peaceful.

Social Contract NOT historically tenable BUT corresponded fairly accurately to the U.S. colonial experience!

U.S. a “great experiment” “novus ordo saeclorum”.
*Multiracial (Natives, Europeans, Africans)
*Multinational (Britons, Germans, Dutch, Swedes, French)
*Several religions (various Protestant sects, Catholics, Jews, Natives)
*Secular State – because European religious wars caused European refugees to flee for their lives to the Americas.
*No Aristocracy – they thought about whether to have a king, (elected: for life tenure?) and decided not to.
*Limited Self Government – since the state is not a giant family it does not and cannot do everything
-Plenty of dictatorships still exist.
-Plenty of aristocratic states still exist.
*Freedom of Trade

All these things were revolutionary and led to the revolutions in France,(1789), Europe (1848), Russia (1917) and China (ca. 1920-1949).

Written Constitution, unlike Britain’s which was unwritten.
Thus: judicial review possible. This implies:
*Enforceable constitutional rights. Constitutional rights Not as political claims but as enforceable legal rights.

MODERNITY (NEUZEIT) IS THIS:
The replacement of war by politics, (negative sum)
the replacement of politics by law, (zero sum)
the replacement of legal conflict with economic trade. (positive sum)

Rise of Judicial Review (Revisionsverfahren): until the Bonn Republic Germany had no judicial review against the constitution because the constitution was a political document, addressed to state power, not to the people. It was the law of the organization of the state, not the law of fundamental rights.

Public law is compledx because people’s lives and liberty are at stake, not just their property. Public law is the law of “go to jail” “go to war” “pay that tax” and so on. Thus, it is hotly contested.

Because the stakes are much higher and hotly contested the law itself is more conflicted. 
I try to impose structure into this area of law in these ways:
1) Look at law as four branches: Public, Private, National, International 
Our course is public national law, though we look to analogies from private national and public international law.
2) Structure the term “right”
“Substance” versus “Procedure” (Materielles Recht oder Verfahrensrecht)
“Rights to” versus “freedoms from” 
Civil and Political Rights (Bürgerrechte)
Economic and Social Rights (Vornahmerechte)
*Objektives Recht – der Begriff leider gibt’s nicht im Englischen.
*Subjektives Recht – etwa “Vested right”) so
Vested 
Executory
In personam
In rem
Hortatory
Positive (Positives Gesetz)
Natural (Vernunftrecht)
3) Hierarchize norms: 
a) What is the source of the norm?
b) What is the purpose of the norm?
4) Impose a hierarchy of interpretion (Savigny’s four step “Waltz”)
5) Presumptions and burdens of proof.
6) Impose structure using the “general rule” versus “specific exception” distinction
7) Judicial parsimony
 (“Nur entscheiden, was entscheiden werden muss; Achtung! Urteilstil! Nicht für Prüfung geeignet!)
8 Stare decisisis: i.e. the rule of precedent.
Sometimes I am confronted by the fact that
Public law is essentially more complex than private law.
It is.
The reason is because people’s lives and liberty are at stake, not just their property. Public law is the law of “go to jail” “go to war” “pay that tax” and so on. Thus, it is hotly contested.
Because the stakes are much higher and hotly contested the law itself is more conflicted. 
I try to impose structure into this area of law in these ways:
1) Look at law as four branches: Public, Private, National, International 
Our course is public national law, though we look to analogies from private national and public international law.
2) Structure the term “right”
“Substance” versus “Procedure” (Materielles Recht oder Verfahrensrecht)
“Rights to” versus “freedoms from” 
Civil and Political Rights (Bürgerrechte)
Economic and Social Rights (Vornahmerechte)
*Objektives Recht – der Begriff leider gibt’s nicht im Englischen.
*Subjektives Recht – etwa “Vested right”) so
Vested 
Executory
In personam
In rem
Hortatory
Positive (Positives Gesetz)
Natural (Vernunftrecht)
3) Hierarchize norms: 
a) What is the source of the norm?
b) What is the purpose of the norm?
4) Impose a hierarchy of interpretion (Savigny’s four step “Waltz”)
5) Presumptions and burdens of proof.
6) Impose structure using the “general rule” versus “specific exception” distinction
7) Judicial parsimony
 (“Nur entscheiden, was entscheiden werden muss; Achtung! Urteilstil! Nicht für Prüfung geeignet!)
8 Stare decisisis: i.e. the rule of precedent.
THE PROBLEM WITH FUNDAMENTAL RIGHTS IS THAT THEIR EXTENT IS AMBIGUOUS

This is why we tried to distinguish rights as:

substantive
procedural
vested 
executory
hortatory
in personam
in rem
civil and political (Bürgerrechte)
social rights (Vornahmerechte)
 
Why ambiguity? 
Because the terms are general. 
Because different private persons’ fundamental rights can conflict.
 
HOW TO GET RID OF AMBIGUITY?
1. LEGAL PRESUMPTIONS.
2. LEGAL HIERARCHY.

1) If it is possible to interpret federal or state legislation, the federal constitution, and internationally consistently then such an interpretation will apply.
It is only where there is an unavoidable conflicting interpretation where the court is compelled to  choose that the hierarchy of law:

constitution,
federal and international law, 
state constitution, 
state law
 
 Is this even a personal right? If there is no right we don’t have to figure out its extent.

In principle the addressee of the federal constitution is the federation, not the states nor the people.

Thus, the fundamental rights listed in the bill of rights did not apply to the states
until the XIVth Amendment (Civil War).
*When does a fundamental right apply to the states?
It is the same question as whether the constitution applies overseas! Or to foreigners!
 
               Public   Private
National         1        2
International  3        4
Monism-Dualism
U.S. Monist as to customary international law
(custom = actual practice + belief such practice is legally binding)
U.S. Dualist as to treaties:
Unratified treaties do not have direct domestic effect.
Ratified treaties have direct domestic effect.
Treaties with direct domestic effect may also create rights among private persons (third parties)
*against the state (vertical direct effect)
*against other private persons (horizontal direct effect)
Direct Effect / Self Executing / Transposition
The German word for “elector” (as in “electoral college) is: Kürfurst. When the President is elected, the voters in each state vote for an elector, who pledges to vote for their choice. Each state organizes its own elections for the President. In practice, each state is “winner take all”. Each state has a number of electors assigned to it based on its population. This is why you can have a majority of U.S. persons voting for Gore, yet have Bush elected (See: Bush v. Gore, 531 U.S. 98 (2000)).
State parties to a treaty are first and second parties.
Signature of a treaty creates legal rights and duties between states as a matter of *international* law.
(horizontal effect)
U.S.A. ———— Germany
!                        !
!                        !
!                        !
!                        !
U.S. Citizen        German Citizen / National 
(third parties)
There are several related separate questions, namely:
I. Is the treaty/constitution directly effective in national law? 
A. If the treaty/constitution is directly effective in national law:
1) Does the treaty create rights between the state and the citizen? (Vertical direct effect)
2) Does the treaty create rights between citizens? (Horizontal direct effect)
If the treaty does not create directly effective rights and duties in national law, 
or if the treaty does not create directly enforceable righs of private persons,
the treaty may nonetheless have indirect effect as a persuasive evidence of other positively binding rights. (Indirect effect)
Notice that whether it is a treaty or a constitution we are asking the same question! Does the public law instrument create binding rules? If it does, may individuals invoke the public law document to secure their private rights?
I.e. “Does Marbury have a right?” “If he has a right, can he enforce it?”
 
U.S. is monist as to customary international law. 
1. Customary international law is directly effective before U.S. courts.
U.S. is dualist as to treaty law.
2. As a general rule, Exceptionally, some treaties are transposed into domestic law. Ordinarily a treaty does not create rights or duties which may be enforced before U.S. courts by private persons.
The U.S. regards the U.S. constitution and ordinary federal legislation as hierarchically superior to international law. 
One can make a good argument however that the ordinary legislation of the several states is inferior to international law because of the nearly exclusive federal power over international relations. 
At the same time, one can argue that the constitutions of the several states are superior to international law, because the several states were international legal persons prior to the constitution of 1787. 
However: 
1) All laws are presumed to be coherent and not in conflict. Whoever wants to argue that laws are in conflict bears the burden of proof that they are and if the laws can be interpreted in a non-conflicting way the court will interpret them not to be in conflict.
2) These questions are rarely litigated due to the “political question” doctrine. They are often considered non-justiciable. That’s because the federal government, specifically the presidency, has nearly exclusive power over foreign relations. 
Some people see international society as a “state of nature” — the law of the jungle (terrible!) — that is less and less the case because of the U.N. and a vast network of international treaty law.
TYPES OF RIGHTS/FREEDOMS 

Hortatory (Anspornsrechte)

License (Erlaubnis)

Executory (etwa wie eine Anwartschaft)

Vested (sicher begründete Rechte)

Fundamental freedoms from State action (Civil and Political Rights) (Abwehrrechte; Freiheitsrechte)

Positive claims to state resources (Economic and Social Rights)

Civil Rights (Bürgerrechte)

Rights in Personam
Rights in Rem (Sachenrechte)

STRUCTURE OF THE GLOBAL LEGAL SYSTEM

             National Law — International Law
private law              
——————————————–
public law              

STRUCTURE OF THE U.S. FEDERAL SYSTEM

         Executive — Legislative — Judicial
                   
Federal            
………………………………………..
State              

STRUCTURE OF ARGUMENTS 

Text (what does this term mean? what does this term Not mean?)
Grammar, Structure (Context)
Legislative History
Teleology (what would this lead to? where do we want to go)

THEORIES OF LAW 
Conceptual jurisprudence (Begriffsjurisprudenz)
-deduction of legal will from the legal code
-rules
-conditionals “if … then”

Legal process interest balancing (Interessenjurisprudenz)
-standards, norms, policies
-interest balancing (Interessenabwägung)
*identify interested parties (plaintiff, defendant, state, stakeholders)
*identify competing interests
*evaluate interest, i.e. assign a “weight” ($) to the interest
*compare the competing interests

Creative Legal Arguments
*History
*Economics
*Legal Theory
*Comparative Law

Reductio argument: “Look what it would lead to” – counterfactual reasoning (“imagine”)

Law is split into four quadrants:

Public — Private
National
International

This is related to two questions:
1) Does the (public)(international) law apply domestically (Anwendbarkeit)
2) Can the (public) (international law) be enforced by private persons? (Unmittelbar) or instead only by States (Mittelbar).

Unmittelbare Anwendbarkeit in English is
Direct Effect.
This question is more often referred to in U.S. law as “the State Action doctrine” or “the color of law”. 

The law of state organization is public law. Thus, in principle, it governs the relations of public law bodies.

To structure our own thinking — which makes our arguments more persuasive — we make the doctrinal (=Rechtsdogmatik) distinctions public/private national/international.

stare decisis – precedence rule (Präzedenzfall – Richterrecht): In common law judges “expound” the customary common law (custom = actual practice + belief the practice is legally obligated or permissible). Cases are analogized to each other (case A is like case B so the same rule 1 which governed case A should govern case B) or distinguished from each other (A is NOT like B for these reasons… and so rule 1 which applied in case A may not apply to case B.)

As well as teaching you law, I am trying to teach you how to think creatively about law: part of that is “counterfactual” reasoning. “What would it lead to”. “What if”.

Read everything you can, but especially read those things which you are curious about.

I. the plain text (plain meaning, Wortlaut des Gesetzes) to
II. context (grammar and structure), then
III. legislative history (Rechtsgeschichte, Travaux préparatoires) and ends with

IV. teleology – the purpose of the law (sinn und Zweck des Gesetzes).
 
We can contrast vested rights with executory rights. An executory right requires further action to vest. For example, I have an executory right to my pay, which vests when I finish lecturing this semester and fill out my time sheets.

We can also consider hortatory rights (Anspornsrechte). The hortatory right is not binding. It is a desired social goal. But even though a hortatory right creates neither vested nor executory rights it may be used in the interpretation of other rights.

CUSTOMARY INTERNATIONAL LAW
Some people see International Human Rigths Law (IHR) as separate from customary law, others do not.
Why it matters: Some argue different branches of law have different rules of interpretation
If IHR is just customary law the rules are easy and known.
If IHR is not just customary or treaty law, i.e. if it is its own branch then maybe it has different rules of interpretation, e.g. analogies from national constutional law or transnational law (ECHR)

Customary international law has two elements: actual practice and the belief that such practice is legally binding. Hortatory rights may be evidence of the opinion that an actual practice is legally binding. Hortatory rights may also be used for the interpretation of other rights: the hortatory right may show us the purpose of the law; remember that when interpreting a statute (=Gesetz) we look first at
The literal text (Wortlaut des Gesetz).
then the context (Grammar and structure; flanking laws)
then the legislative history
then the goal of the law (teleology) (Sinn und Zweck des Gesetz).

 
Fundamental human rights had often been seen as political claims, not as legally enforceable rights.
Political claims in a democracy are enforced at the ballot box – by voting.
“Declaration” or “Resolution” means *non binding*. No one who wrote the French declaration of rights of man thought that they were creating legally ence of rights, and can be and are invoked as a guide to the extent of other positively enforceable legal rights.

U.S. Declaration of Independence only has one positive legal effect: the establishment of the United States’ claim international legal personality.
However, the Declaration of Independence is persuasive evidence of law; it tells us goals and purposes of the United States (“life, liberty, and pursuit of happiness”).
The U.S. Articles of Confederation created a confederation: confederations are not permanent. They can be an international legal person. Confederations are

the forerunner of international organizations. Int. Orgs did not exist under international law until 1919 at earliest but by 1945 were clearly a part of

international law. One may call the U.N. *either* a confederation (my view) *or* an international organization (the majority view).
Member States of a confederation may withdraw from the confederation. Confederation is not perpetual. In contrast, federation is perpetual and Member States may not withdraw from it.

The Rise of Fundamental Rights as Legally Enforceable Claims:
Effect of Judicial Review:
1) Non-enforcement of a right (no determination of constitutionality or unconstitutionality; rather, that the right, while it may exist, is unenforceable)
2) Declaration that an entire legislative act is void
3) Declaration that a *specific provision* of the law (e.g. “§3(c), only” is void
4) Determination that the law is unconstitutional and will not be applied until amended.
 


Hierarchy of Norms


From most controlling to least: this is how we structure conflicts between laws.

Federal Constitution is highest


Ordinary Legislation – International Law
–Customary International law=directly effective=unmittelbare Anwendbarkeit
–Treaty Law – Must be ratified. Not directly effective. 

State Legislation: then state law.

Sources of National Law:
Legislation
Customary Law = Actual practice + Sense of legal obligation
Case law — case law is supposedly expressing customary law

International Law – What is it? Where is it in relation to national law? Some countries see it as separate, others as subordinate, others as superior to national law.
Treaties = Conventions (Abkommen, Verträge)
– not directly effective (Unmittelbare Anwendbarkeit) 
Customary Law = Gewohnheitsrecht 
– directly effective


Separation of Powers – Gewaltenteilung
*Executive
*Legislative

PRELAW I
Corporations and Human Rights
 How to Read a Balance Sheet (The Non-Boring Version)

Understanding Annual Reports

Common Valuation Ratios | P/E Ratio

Investment Valuation Ratios: Price/Earnings Ratio | Investopedia

Price–earnings ratio - Wikipedia, the free encyclopedia

Debt-to-equity ratio - Wikipedia, the free encyclopedia

Return on capital employed - Wikipedia, the free encyclopedia

Eric Engle, Corporate Social Responsibility (CSR): Market-Based Remedies for International Human Rights Violations? 40 Willamette L. Rev. 103 (2004). Available at: {}shttp://amor.cms.hu-berlin.de/~engleeri40WillametteLRev103.htm

Cite as: Eric Allen Engle, What You Don't Know Can Hurt You: Human Rights, Shareholder Activism, and SEC Reporting Requirements 50 Syr. L.Rev. 63 (2006). Available at: http://amor.cms.hu-berlin.de/~engleeri <b>Citation:</b> Eric Allen Engle, What You Don't Know Can Hurt You: Human Rights, Shareholder Activism and SEC Reporting Requirements, 57 Syracuse L. Rev. 63 (2006). Available at: http://amor.cms.hu-berlin.de/~engleeri57SyracuseLRev63.htm

U.S. Corporate Liability for Torts of (Foreign) Subsidiaries by Eric Engle :: SSRN

Cite as: Eric Engle, Extraterritorial Corporate Criminal Liability: A Remedy for Human Rights Violations? 20 St. John's J. Legal Comment., 287 (2006). Available at: http://lexnet.co.cc/corporations/20StJohn'sJLegalComment287.htm

Eric Engle, I Get By With A Little Help From My Friends. Understanding the UK Anti-Bribery Statute, By Reference to the OECD Convention and the Foreign Corrupt Practices Act 44 Int'l Law. 1173 (2010). Available at: {}shttp://amor.cms.hu-berlin.de/~engleeri44Int'lLaw1173.htm

Green Taxation and the EU

Eric Allen Engle, Universal Human Rights: A Generational History, 12 Ann. Surv. Int'l & Comp. L. 219 (2006).

A Social-Market Economy for Rapid Sustainable Development by Eric Engle :: SSRN

Beating bribery: Small change | The Economist

WTO Proposes Slavery for Africa | The Yes Me
 

We will be covering a lot of material in this module and just about all of it is useful.

The “strategic” goal of the module is to understand how the rule of law can be generated through corporate activity. The “tactical” learning objectives are:

I.
How to read a company balance sheet.
Accounting methods (GAAP)
How to objectively value a company (ratio analysis)

II.
Understanding the legal structures of a business
-Capital structure (Debt, Equity)
-Governance Structures
–Boards of directors
–Shareholder’s meetings

III. Corporate Governance
A. Soft governance
1. Resolutions
2. “Soft Law”
3. Human rights
4. Corporate Compliance

B. Hard Governance
1. Tort law
2. Criminal law (economic crimes)
3. Taxation

https://www.daad.de/deutschland/studienangebote/international-programs/en/

http://www.e-fellows.net/KARRIEREWISSEN/Job-Skills/Business-Englisch/Trainiere-dein-Hoerverstehen

http://www.greenpeace.org/africa/en/News/news/Exposed-Illegal-Fishing-in-West-African-Seas/

NFORMATION
These videos are optional material you may find useful/fun.

Caveat: This site==> http://www.youtube.com/user/Lawschoolsuccess is not good. It’s only a giant advertisement (Werbung). Ignore that site.

HOW TO BRIEF CASES
Rememeber, in case briefing we are looking for the facts, the rule.
http://www.youtube.com/watch?v=feucSsK_L50
This is good because he points out the link between briefing the case and the IRAC formula.
This is also about case briefing , it might be easier to follow since it is also in writing:
http://www.youtube.com/watch?v=lH1XkaFD2C0&NR=1
I sent this IRAC link in the mail earlier, I think it’s good.
http://www.youtube.com/watch?v=g6KOsHYiL3k&NR=1
This isn’t the IRAC link I sent earlier but is also good
http://www.youtube.com/watch?v=NtLV_0HRLB4

This one is good: NO CONCLUSORY REASONING show me the Reasons not just the Outcome!
http://www.youtube.com/watch?v=An-1xWBRLmM&NR=1
IRAC — I dont think this is good but you might disagree. 
http://www.youtube.com/watch?v=BfcUay1xx2U&feature=related

this site^ has 2 others on irac http://www.youtube.com/user/JonesCollegeJAX

http://www.youtube.com/watch?v=FvuiFoO3Ulc
Corporation – This one is definitely relevant for my corporation course.

http://www.youtube.com/watch?v=cY2EhEYbk1U&feature=related

Affidavit – YouTube – This one is generally relevant.

http://www.youtube.com/watch?v=fT4DrWTYQD0&NR=1

Reading Cases Guide – YouTube — It’s ok, but only that.

http://www.youtube.com/watch?v=LlvGCAkM3XQ&NR=1

Legal Writing Skills Module 3: WRITING AND REFERENCING – It’s ok, but only that.

http://www.youtube.com/watch?v=KXHx5xcB6C4&NR=1

pols424: reading cases – It’s ok, but only that.

http://www.youtube.com/user/LawStudySystems#p/u

Consideration (Contracts) – Not relevant to either of my courses but really well done.

The world legal information institute http://www.worldlii.org/ has links to free online law from a variety of jurisdictions.
As of yet there is no E.U. or German L.I.I.


Legal Citation style: once you find the law you need to reference it for your reader. This link

https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0BwMRRQXBqVxjNWY1ZDk3YjUtOWE3MC00YzliLTg1NTAtODk5M2M0MzU4YTdm&hl=en_US

contains documents which indicate English, E.U., French, and German legal citation formats.
This link http://www.law.cornell.edu/citation/ gives you the format for U.S. legal citation.

INTERNSHIPS AND JOBS

http://www.state.gov/vsfs/243849.htm

Journalists! Master Studiengang in Bonn (DW)
http://www.dw.de/dw-akademie/application/s-12278
Diplomats! Training for International Diplomats
http://www.auswaertiges-amt.de/EN/AusbildungKarriere/InternationDiplAusbildung/Uebersicht_node.html
U.N. Internships:
http://www.un.org/Depts/OHRM/sds/internsh/
EU Internships:
http://ec.europa.eu/stages/index_en.htm
http://europa.eu/about-eu/working-eu-institutions/traineeships/index_en.htm
http://fra.europa.eu/en/about-fra/recruitment/internship
http://www.euintheus.org/what-you-can-do/work-with-us-internships/
European Court of Human Rights
http://www.coe.int/en/web/jobs/traineeships
Praktika beim Auswärtigen Amt
http://www.auswaertiges-amt.de/DE/AusbildungKarriere/AA-Taetigkeit/Praktika/Praktika_node.html
Bundestag (Federal Parliament)
http://www.bundestag.de/ppp

U.N. Internships:
http://www.un.org/Depts/OHRM/sds/internsh/

EU Internships:
http://ec.europa.eu/stages/index_en.htm
http://europa.eu/about-eu/working-eu-institutions/traineeships/index_en.htm
http://fra.europa.eu/en/about-fra/recruitment/internship
http://www.euintheus.org/what-you-can-do/work-with-us-internships/

TRANSLATORS AND INTERPRETERS:
EUR-Lex (Community law online): http://eur-lex.europa.eu
IATE terminology database: http://iate.europa.eu
Directorate-General for Translation, European Commission:
European Master’s in Translation (EMT): http://ec.europa.eu/emt
Directorate General for Interpretation, European Commission:
How to become an interpreter?: http://bit.ly/q64qcN
European Master’s in Conference Interpreting (EMCI):
Associations of translators, terminologists
and translation companies
International
Globalisation and Localisation Association (GALA)
International Association of Conference Translators
International Association for Translation and Intercultural Studies
International Federation of Translators (FIT)
International Permanent Conference of University Institutes of
Translators and Interpreters (CIUTI) http://www.ciuti.org
Unesco Clearing House for Literary Translation
EU-wide
European Association for Machine Translation (EAMT)
European Council of Literary Translators’ Associations (CEATL)
European Society for Translation Studies (EST)
European Union of Associations of Translation Companies

http://www.euatc.org

Links to HR organizations
US Institutes of Peace: http://www.usip.org

State Department
http://exchanges.state.gov

UN
https://careers.un.org/

RESEARCH SOURCES FOR TREATIES AND LAWS

Links to the legal materials you need to figure out human rights (laws, norms, rules, standards, goals)

Conceptual guide: ask yourselves what is the relationship, if any, between morality, law, and justice.

Try to figure out a structure of rules: a typology of rules.
What is the difference between law and politics? A legal right and a political right?

Magna Carta
http://www.legislation.gov.uk/aep/Edw1cc1929/25/9/contents

Declaration of Independence
http://www.let.rug.nl/usa/documents/1776-1785/the-final-text-of-the-declaration-of-independence-july-4-1776.php

U.S. Constitution
https://www.law.cornell.edu/constitution
Is the bill of rights binding law?
a) on the federal government?
b) on the states?
c) on private persons?

Declaration of rights of man:
http://avalon.law.yale.edu/18th_century/rightsof.asp
Are declarations legally binding? Or do the merely set out goals – of law? Of politics?

The UN Right System
Understand that the UN system is meant to help the poorer countries reach the same standards of the richer ones and it is easier to see how it functions.

UDHR
http://avalon.law.yale.edu/20th_century/unrights.asp
ICCPR
https://treaties.un.org/pages/viewdetails.aspx?chapter=4&src=treaty&mtdsg_no=iv-4&lang=en
ICESCR
http://www.un-documents.net/icescr.htm
CEDAW
http://www.un.org/womenwatch/daw/cedaw/
CERD
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx

Germany – Fundamental Law (=Constitution)
The German fundamental law was a provisional law (Provisorium) meant as a transition law to be replaced on reunification – but it was well thought out and was not replaced because it worked. Judicial review is now part of German law.
http://www.gesetze-im-internet.de/englisch_gg/

EU Law
http://eur-lex.europa.eu/collection/eu-law/treaties-force.html?locale=en

European Convention of Human Rights
http://conventions.coe.int/treaty/en/Treaties/Html/005.htmhttp://conventions.coe.int/treaty/en/Treaties/Html/005.htm

Civil Rights Act of 1964
http://finduslaw.com/civil-rights-act-1964-cra-title-vii-equal-employment-opportunities-42-us-code-chapter-21
Equality Act
http://www.wired.com/2015/07/apple-equality-act/

Documents which are not laws, but which discuss laws.
http://www.constitution.org/jl/2ndtreat.htm http://oll.libertyfund.org/titles/359
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1020464
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1424691
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2344333
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2319175


NGOs:

https://www.amnesty.org/en/who-we-are/
http://www.banktrack.org/

https://www.hrw.org/
http://www.osce.org/

http://www.dw.com/en/quadriga-refugees-welcome-in-germany-2015-07-30/e-18573092-9798

Introduction: Constructivist Learning Theory

The Learning Environment
*Safe
*Fun
*Exploration
*Curiousity
*Interaction
*I will tell jokes, to try to make you feel relaxed and happy.
*Work hard, play hard.

We’re here to learn
-to learn legal English, a specialized technical vocabulary.
-to learn law, a technical field.
*try only to use English
*texting and i.m. is better than chatting, it is less disturbing to me and to the other students.

Course Objectives:

Legal Reasoning
-Analogy
-Deduction
-Abduction
-Conclusory reasoning

The Exam – Klausur – Case analysis

Structuring Law


Aristotle: 
Man is a rational talking social animal, curious by nature.
State is a natural outgrowth of the family.
Man when good is the most perfect animal but when evil is the very worst animal.
State is organic.
Government by rational principle, not by a man “for a man rules in his own interest and thus becomes a tyrant”
The governed and the governors take turns governing and being governed (yes, he says that).
But: Natural slavery. Aristotle thought some people were slaves by nature, that they were unable to think for themselves and needed someone to watch over them. The slave and the free man are different to Aristotle in that the slave “can apprehend but cannot form ideas”. (Man kann Ideen dem Sklaven erklären, aber der Sklave kann Ideen selber nicht gestalten). 

Hobbes
Life without the state is poor nasty brutish and short
People consent to be governed by a strong man who will protect them from each other and other strong men.
State is an artificial person, a mechanism. 

Rousseau
General will
Right to Rebel
Social contract
Man in the state of nature is good – but society and social life corrupt him

Locke
Social contract
Labor theory of value
Life, liberty and property.

Kant
Human Dignity (not in the U.S. constitution, central to the German Grundgesetz).
I have yet to see much or any social contract theory in German intellectuals. It doesn’t seem to figure in the thinking of Marx or Hegel.

Social contract did not really correspond to German conditions? It certainly corresponded to U.S. conditions. Adult colonists fled
EUROPEAN RELIGIOUS WARS
so they agreed to form corporate bodies – Massachussets Bay Company, Hudsons Bay Company — these were corporations, chartered to govern lands and make profits.

Like Magna Charta the U.S. Revolution was (partly) about taxes.
U.S. colonists thought they were fighting to have the same rights as people in England.

The U.S. was a new secular order
*Not a monarchy
*Not a religious state (theocracy)
-But a slave state
-Multiracial
*First instance of the idea that peace is built through economic interdependence.
-that idea later gets taken up in the European Union.
*Limited government
-of enumerated powers (named powers) 

Preamble to the U.S. Constitution is not a source of binding law.
Preamble Does have interpretive value to determine other laws.
No provision for plebiscites in the U.S. federal constitution.

Constitutional Rights
Arose out of the idea of non-binding hortatotory programmatic goals – Anspornendes Recht
These became increasingly seen as binding law.


Constitutional Principles:
A federal government of enumerated limited powers.
A presumption that federal power does not exist.
Federal powers are in the field of international relations, interstate commerce, international commerce.

There are lots of parallels between German and U.S. constitutional law.
There are also important differences.
There are no social rights (Vornahmerechte) in the U.S. federal constitution.
The federal constitution only contains protections against state power (Abwehrrechte) NOT protection against private power. There is no Drittwirkung (third party effect) in the U.S. constitution.
There is no principle of the social welfare state (Sozialstaatsprinzip) or of “essential human dignity” (Menschenwürde) in the U.S. federal constitution.

U.S. Constitution is written in simple English and is intended to be understood by the ordinary person.


Bold are terms already in the legal language (stuff I did not make up)
Italic or plain text are my translations 

Vocabulary: These two are inexact.
Objektives Recht  – Objective law ; Executory rights
Subjektives Recht – Vested Rights; Rights in personam

 These are exact. Genau.
Materielles Recht – Substantive Law – Substantives Recht
Verfahrensrecht – Procedural Law

Formelles Recht – Formal law; Procedural Law 

Positive Law – Geltendes Recht; Positives Recht

These are exact but are also my own translations of German terms. 
Abwehrrechte – Freedoms from State power
Vornahmerechte – Affirmative Claims to state resources
Mitwirkungsrechte – Rights of political participation
Teilhaberrechte – Participatory Rights

Tonights lecture: Judicial Review
The U.S. and French revolutions were revolutionary because they brought back Aristotle’s idea of government by consent instead of government by divine right of kings. 

the story of the rise of fundamental rights is the recognition of fundamental rights politically and then the legal implementation (Umsetzung) of the politically recognized fundamental right.

Why was there a revolution? U.S. Declaration of independence
The declaration is not “binding” law in the sense that it creates no rights or duties
but IS persuasive in that it explains Why the U.S. government was formed; it can be used as an aid to interpret other laws.
“Soft law” is not directly binding but has persuasive value.


1) Taxation – the colonies were only indirectly represented in London.
a) Lots of colonists were tax evaders, pirates, privateers.
2) Land expansion in the West. The British wanted to get along better with the natives so restricted colonization of the west.
3) Violent suppression of riots
4) Slavery is tough. The Crown opposed slavery. The industrializing Northern also opposed slavery.  The rural agrarian South supported slavery.
a) This would later result in the U.S. Civil War.

Interestingly religion was Not one of the causes of the revolution. The principle of religious tolerance existed de jure (By law) in some of the Colonies (Rhode Island is the famous example) and de facto (in practice) in others (New York). The British crown had catholic colonies – Quebec, Maryland. 


One key idea of the U.S. revolution was the idea that if the constitution is law then the ordinary laws are subject to the constitution.
This view of the relationship between ordinary law and the constitution did not prevail in England. In England the doctrine of parliamentary supremacy prevailed.

This is the issue of the “direct effect” of public law on private persons
The public law may have no effect,
indirect persuasive effect
or direct binding effect
and that effect may be between
two governing bodies
the state and the private law person
two private law persons

THIS ISSUE OF WHEN AND WHETHER PUBLIC LAW HAS EFFECTS ON PRIVATE LAW RELATIONS IS STILL A VITAL CENTRAL CONCERN OF LAW.
It is an open issue! Controverted!

In Germany, e.g. there is now the AGG.


SOURCES OF LAW AND HIERARCHY
Laws have a legal presumption of being consistent with each other
(Vermutung der Vereinbarkeit der verschiedenen Gesetze) 
So, when interpreting laws, courts will always interpret them so as to be not in conflict.
Furthermore whoever wishes to argue that a law is unconstitutional must prove their case: when in doubt, whoever has the burden of proof loses.

Sometimes laws conflict with each other and courts cannot avoid facing the fact that two different laws are in conflict.
How to resolve the conflicts?
There is a hierarchy. (Einstufung)

U.S. Federal Constitution 
Ordinary federal law and International Law are next and are equally ranked.
International law may be
-customary international law is directly effective
-international treaty law only has direct effect if ratified
-some treaties codify customary law. Vienna Convention, Convention on Rights of Child, Law of the Sea Convention
Ordinary federal legislation
State Constitution
State Legislation
Customary Law
Case Law

Case law (Rechtsprechung; Richterrecht) is properly speaking customary law. It IS a source of law.

What is Not in this list?
Legal scholarship. It is NOT a source of law.
General principles of law (Allgemeine Rechtsgrundgsätze) – are also not a source of law!
*Caveat: General principles of law and legal scholarship ARE sources of international law. So they exceptionally occur in Anglo-American common law.


Customary Law = Actual pratice coupled with sense of binding obligation.

Direct effect is the idea that a law creates enforceable rights. The entire story of constitutionalization of law is the finding a) that a right exists b) that the right is held by a certain person c) that the person who holds the right can enforce it.

Not all rights are held by persons! 
Not all right are enforceable!

There is an international law against kidnapping (=abduction; Entführung): no State may kidnap any person.
States do sometimes kidnap people! Eichmann, Argoud, various terrorists.
Guess what? The right not to be kidnapped is NOT held by an individual. It is held by their State. Your only remedy if you are Eichmann is to beg the German government or the Argentine government to save you.

Further, not all rights are enforceable! Some rights are
a) programmatic — they set out a goal for the government
b) hortatory (Anspornend) — they inspire, exhort.
Hortatory and programmatic laws may however have persuasive value for the interpretation of other laws.


The story of constitutionalization starts with:
1) The question whether national public law (the constitution) can apply to private persons (Vertical direct effect of national law)
-the U.S. said “yes”
-Britain said no.

2) Then the question whether the national public law (the constitution) can apply to the relations of private parties inter se (Horizontal direct effect)
-the U.S. said “no” (No third party effect).
-Germany said “yes”
(Bundesarbeitsgericht: Unmittelbare Drittwirkung der Grundrechte;
 BVerfG Mittelbare Drittwirkung der Grundrechte)

3) The current question is whether and when international public law — treaties — can have direct or indirect effects into national law.
a) Ius cogens — clearly yes
b) Customary international law — Yes in the U.S. and Germany and probably France
c) International treaty — direct effect only if so intended and ratified. May have indirect effect depending on the national law.

What is the origin of the State?
Organic/Historical Theory: ARISTOTLE
Family, Extended Family, Clan, Tribe, Polis, League of Polises
Seems historically tenable.
Per Aristotle:
-Man is a rational talking social animal, inherently curious
-Slavery is natural and good 
-Happiness is the highest goal of life in political society. The object of the state is to attain the good life for all.
*”We do not allow a Man to rule but Rational Principle, for a Man decides in his Own interested — and thus becomes a Tyrant.”
–First idea of the rule of law State.

Contract Theory
-Requires capacity to contract
-How is will manifested?
-Why does contract bind succeeding generations?
-“State of Nature” (SON) never existed: Humans by nature are social and interdependent.
Hobbes SON – “poor, nasty, brutal and short”, a war of all against all, the law of the jungle, natural right to self defence
Citizens alienate right to self defence to a strong man. “a common power to keep them all in awe”.
Rousseau’s SON – primitive communism, instinctive, natural, comfortable, plentiful, no property. (influences Marx)
Locke’s SON – like the garden of eden, impoverished but peaceful.

Social Contract NOT historically tenable BUT corresponded fairly accurately to the U.S. colonial experience!

U.S. a “great experiment” “novus ordo saeclorum”.
*Multiracial (Natives, Europeans, Africans)
*Multinational (Britons, Germans, Dutch, Swedes, French)
*Several religions (various Protestant sects, Catholics, Jews, Natives)
*Secular State – because European religious wars caused European refugees to flee for their lives to the Americas.
*No Aristocracy – they thought about whether to have a king, (elected: for life tenure?) and decided not to.
*Limited Self Government – since the state is not a giant family it does not and cannot do everything
-Plenty of dictatorships still exist.
-Plenty of aristocratic states still exist.
*Freedom of Trade

All these things were revolutionary and led to the revolutions in France,(1789), Europe (1848), Russia (1917) and China (ca. 1920-1949). 

Written Constitution, unlike Britain’s which was unwritten.
Thus: judicial review possible. This implies:
*Enforceable constitutional rights. Constitutional rights Not as political claims but as enforceable legal rights.

MODERNITY (NEUZEIT) IS THIS:
The replacement of war by politics, (negative sum)
the replacement of politics by law, (zero sum)
the replacement of legal conflict with economic trade. (positive sum)

Rise of Judicial Review (Revisionsverfahren)


The reason is because people’s lives and liberty are at stake, not just their property. Public law is the law of “go to jail” “go to war” “pay that tax” and so on. Thus, it is hotly contested.
Because the stakes are much higher and hotly contested the law itself is more conflicted. 
I try to impose structure into this area of law in these ways:
1) Look at law as four branches: Public, Private, National, International 
Our course is public national law, though we look to analogies from private national and public international law.
2) Structure the term “right”
“Substance” versus “Procedure” (Materielles Recht oder Verfahrensrecht)
“Rights to” versus “freedoms from” 
Civil and Political Rights (Bürgerrechte)
Economic and Social Rights (Vornahmerechte)
*Objektives Recht – der Begriff leider gibt’s nicht im Englischen.
*Subjektives Recht – etwa “Vested right”) so
Vested 
Executory
In personam
In rem
Hortatory
Positive (Positives Gesetz)
Natural (Vernunftrecht)
3) Hierarchize norms: 
a) What is the source of the norm?
b) What is the purpose of the norm?
4) Impose a hierarchy of interpretion (Savigny’s four step “Waltz”)
5) Presumptions and burdens of proof.
6) Impose structure using the “general rule” versus “specific exception” distinction
7) Judicial parsimony
 (“Nur entscheiden, was entscheiden werden muss; Achtung! Urteilstil! Nicht für Prüfung geeignet!)
8 Stare decisisis: i.e. the rule of precedent.


Sometimes I am confronted by the fact that
Public law is essentially more complex than private law.
It is.
The reason is because people’s lives and liberty are at stake, not just their property. Public law is the law of “go to jail” “go to war” “pay that tax” and so on. Thus, it is hotly contested.
Because the stakes are much higher and hotly contested the law itself is more conflicted. 
I try to impose structure into this area of law in these ways:
1) Look at law as four branches: Public, Private, National, International 
Our course is public national law, though we look to analogies from private national and public international law.
2) Structure the term “right”
“Substance” versus “Procedure” (Materielles Recht oder Verfahrensrecht)
“Rights to” versus “freedoms from” 
Civil and Political Rights (Bürgerrechte)
Economic and Social Rights (Vornahmerechte)
*Objektives Recht – der Begriff leider gibt’s nicht im Englischen.
*Subjektives Recht – etwa “Vested right”) so
Vested 
Executory
In personam
In rem
Hortatory
Positive (Positives Gesetz)
Natural (Vernunftrecht)
3) Hierarchize norms: 
a) What is the source of the norm?
b) What is the purpose of the norm?
4) Impose a hierarchy of interpretion (Savigny’s four step “Waltz”)
5) Presumptions and burdens of proof.
6) Impose structure using the “general rule” versus “specific exception” distinction
7) Judicial parsimony
 (“Nur entscheiden, was entscheiden werden muss; Achtung! Urteilstil! Nicht für Prüfung geeignet!)
8 Stare decisisis: i.e. the rule of precedent.

THE PROBLEM WITH FUNDAMENTAL RIGHTS IS THAT THEIR EXTENT IS AMBIGUOUS
This is why we tried to distinguish rights as:
substantive
procedural
vested 
executory
hortatory
in personam
in rem
civil and political (Bürgerrechte)
social rights (Vornahmerechte)

Why ambiguity? 
Because the terms are general. 
Because different private persons’ fundamental rights can conflict.

HOW TO GET RID OF AMBIGUITY? 
1. LEGAL PRESUMPTIONS. 
2. LEGAL HIERARCHY.

1) If it is possible to interpret federal or state legislation, the federal constitution, and internationally consistently then such an interpretation will apply. 
It is only where there is an unavoidable conflicting interpretation where the court is compelled to  choose that the hierarchy of law: 

constitution,
federal and international law, 
state constitution, 
state law

 Is this even a personal right? If there is no right we don’t have to figure out its extent.

In principle the addressee of the federal constitution is the federation, not the states nor the people.

Thus, the fundamental rights listed in the bill of rights did not apply to the states
until the XIVth Amendment (Civil War).

*When does a fundamental right apply to the states?
It is the same question as whether the constitution applies overseas! Or to foreigners!

               Public   Private
National       1        2
International  3        4

Monism-Dualism
U.S. Monist as to customary international law
(custom = actual practice + belief such practice is legally binding)

U.S. Dualist as to treaties:
Unratified treaties do not have direct domestic effect.
Ratified treaties have direct domestic effect.
Treaties with direct domestic effect may also create rights among private persons (third parties)
*against the state (vertical direct effect)
*against other private persons (horizontal direct effect)

Direct Effect / Self Executing / Transposition

The German word for “elector” (as in “electoral college) is: Kürfurst. When the President is elected, the voters in each state vote for an elector, who pledges to vote for their choice. Each state organizes its own elections for the President. In practice, each state is “winner take all”. Each state has a number of electors assigned to it based on its population. This is why you can have a majority of U.S. persons voting for Gore, yet have Bush elected (See: Bush v. Gore, 531 U.S. 98 (2000)).

State parties to a treaty are first and second parties.
Signature of a treaty creates legal rights and duties between states as a matter of *international* law.
(horizontal effect)

U.S.A. ———— Germany
!                   !
!                   !
!                   !
!                   !
U.S. Citizen        German Citizen / National 
(third parties)

There are several related separate questions, namely:
I. Is the treaty/constitution directly effective in national law? 
A. If the treaty/constitution is directly effective in national law:
1) Does the treaty create rights between the state and the citizen? (Vertical direct effect)
2) Does the treaty create rights between citizens? (Horizontal direct effect)

If the treaty does not create directly effective rights and duties in national law, 
or if the treaty does not create directly enforceable righs of private persons,
the treaty may nonetheless have indirect effect as a persuasive evidence of other positively binding rights. (Indirect effect)

Notice that whether it is a treaty or a constitution we are asking the same question! Does the public law instrument create binding rules? If it does, may individuals invoke the public law document to secure their private rights?
I.e. “Does Marbury have a right?” “If he has a right, can he enforce it?”

U.S. is monist as to customary international law. 
1. Customary international law is directly effective before U.S. courts.
U.S. is dualist as to treaty law.
2. As a general rule, Exceptionally, some treaties are transposed into domestic law. Ordinarily a treaty does not create rights or duties which may be enforced before U.S. courts by private persons.
The U.S. regards the U.S. constitution and ordinary federal legislation as hierarchically superior to international law. 
One can make a good argument however that the ordinary legislation of the several states is inferior to international law because of the nearly exclusive federal power over international relations. 
At the same time, one can argue that the constitutions of the several states are superior to international law, because the several states were international legal persons prior to the constitution of 1787. 
However: 
1) All laws are presumed to be coherent and not in conflict. Whoever wants to argue that laws are in conflict bears the burden of proof that they are and if the laws can be interpreted in a non-conflicting way the court will interpret them not to be in conflict.
2) These questions are rarely litigated due to the “political question” doctrine. They are often considered non-justiciable. That’s because the federal government, specifically the presidency, has nearly exclusive power over foreign relations. 
Some people see international society as a “state of nature” — the law of the jungle (terrible!) — that is less and less the case because of the U.N. and a vast network of international treaty law.
TYPES OF RIGHTS/FREEDOMS 

Hortatory (Anspornsrechte)

License (Erlaubnis)

Executory (etwa wie eine Anwartschaft)

Vested (sicher begründete Rechte)

Fundamental freedoms from State action (Civil and Political Rights) (Abwehrrechte; Freiheitsrechte)

Positive claims to state resources (Economic and Social Rights)

Civil Rights (Bürgerrechte)

Rights in Personam
Rights in Rem (Sachenrechte)

STRUCTURE OF THE GLOBAL LEGAL SYSTEM

             National Law — International Law
private law               
——————————————–
public law                

STRUCTURE OF THE U.S. FEDERAL SYSTEM

         Executive — Legislative — Judicial
                    
Federal             
………………………………………..
State               





In this course we are mostly looking at conflicts between the branches or between the federal and state governments and at conflicts between individuals and the state or federal government.

STRUCTURE OF ARGUMENTS 


Text (what does this term mean? what does this term Not mean?)
Grammar, Structure (Context)
Legislative History
Teleology (what would this lead to? where do we want to go)

THEORIES OF LAW  
Conceptual jurisprudence (Begriffsjurisprudenz)
-deduction of legal will from the legal code
-rules
-conditionals “if … then”

Legal process interest balancing (Interessenjurisprudenz)
-standards, norms, policies
-interest balancing (Interessenabwägung)
*identify interested parties (plaintiff, defendant, state, stakeholders)
*identify competing interests 
*evaluate interest, i.e. assign a “weight” ($) to the interest
*compare the competing interests

Creative Legal Arguments
*History
*Economics
*Legal Theory
*Comparative Law 

Reductio argument: “Look what it would lead to” – counterfactual reasoning (“imagine”)

Law is split into four quadrants:

Public — Private
National
International

This is related to two questions:
1) Does the (public)(international) law apply domestically (Anwendbarkeit)
2) Can the (public) (international law) be enforced by private persons? (Unmittelbar) or instead only by States (Mittelbar).

Unmittelbare Anwendbarkeit in English is
Direct Effect.
This question is more often referred to in U.S. law as “the State Action doctrine” or “the color of law”. 

The law of state organization is public law. Thus, in principle, it governs the relations of public law bodies.



To structure our own thinking — which makes our arguments more persuasive — we make the doctrinal (=Rechtsdogmatik) distinctions public/private national/international.

stare decisis – precedence rule (Präzedenzfall – Richterrecht): In common law judges “expound” the customary common law (custom = actual practice + belief the practice is legally obligated or permissible). Cases are analogized to each other (case A is like case B so the same rule 1 which governed case A should govern case B) or distinguished from each other (A is NOT like B for these reasons… and so rule 1 which applied in case A may not apply to case B.)

As well as teaching you law, I am trying to teach you how to think creatively about law: part of that is “counterfactual” reasoning. “What would it lead to”. “What if”.

Read everything you can, but especially read those things which you are curious about.




I. the plain text (plain meaning, Wortlaut des Gesetzes) to
II. context (grammar and structure), then
III. legislative history (Rechtsgeschichte, Travaux préparatoires) and ends with

IV. teleology – the purpose of the law (sinn und Zweck des Gesetzes).

We can contrast vested rights with executory rights. An executory right requires further action to vest. For example, I have an executory right to my pay, which vests when I finish lecturing this semester and fill out my time sheets.

We can also consider hortatory rights (Anspornsrechte). The hortatory right is not binding. It is a desired social goal. But even though a hortatory right creates neither vested nor executory rights it may be used in the interpretation of other rights.

Customary international law has two elements: actual practice and the belief that such practice is legally binding. Hortatory rights may be evidence of the opinion that an actual practice is legally binding. Hortatory rights may also be used for the interpretation of other rights: the hortatory right may show us the purpose of the law; remember that when interpreting a statute (=Gesetz) we look first at
The literal text (Wortlaut des Gesetz). 
then the context (Grammar and structure; flanking laws) 
then the legislative history
then the goal of the law (teleology) (Sinn und Zweck des Gesetz).



Fundamental human rights had often been seen as political claims, not as legally enforceable rights. 
Political claims in a democracy are enforced at the ballot box – by voting.
“Declaration” or “Resolution” means *non binding*. No one who wrote the French declaration of rights of man thought that they were creating legally ence of rights, and can be and are invoked as a guide to the extent of other positively enforceable legal rights.


U.S. Declaration of Independence only has one positive legal effect: the establishment of the United States’ claim international legal personality. 
However, the Declaration of Independence is persuasive evidence of law; it tells us goals and purposes of the United States (“life, liberty, and pursuit of happiness”).
The U.S. Articles of Confederation created a confederation: confederations are not permanent. They can be an international legal person. Confederations are 

the forerunner of international organizations. Int. Orgs did not exist under international law until 1919 at earliest but by 1945 were clearly a part of 

international law. One may call the U.N. *either* a confederation (my view) *or* an international organization (the majority view).
Member States of a confederation may withdraw from the confederation. Confederation is not perpetual. In contrast, federation is perpetual and Member States may not withdraw from it.


The Rise of Fundamental Rights as Legally Enforceable Claims:
Effect of Judicial Review:
1) Non-enforcement of a right (no determination of constitutionality or unconstitutionality; rather, that the right, while it may exist, is unenforceable)
2) Declaration that an entire legislative act is void
3) Declaration that a *specific provision* of the law (e.g. “§3(c), only” is void
4) Determination that the law is unconstitutional and will not be applied until amended.


Hierarchy of Norms


Federal Constitution  

Ordinary Legislation – International Law
–Customary International law=directly effective=unmittelbare Anwendbarkeit
–Treaty Law – Must be ratified. Not directly effective. 

State Legislation 

Sources of National Law:
Legislation
Customary Law = Actual practice + Sense of legal obligation
Case law — case law is supposedly expressing customary law

International Law 
Treaties = Conventions (Abkommen, Verträge)
– not directly effective (Unmittelbare Anwendbarkeit) 
Customary Law = Gewohnheitsrecht 
– directly effective


Separation of Powers – Gewaltenteilung
*Executive
*Legislative

*Judicial 

Plagiarism – Footnotes!

Plagiarism is the unattributed use of others works. When you use texts of others, whether quoted or paraphrased, you Must indicate such with a footnote. The footnote shows you have done your research and are not copying others work wrongly. Footnoting is good! Copying texts is ok, but Only if you indicate it with a footnote.

We are teaching you how to think; we are not teaching you what to think. We want you to learn to think for yourself, to think independently, to think creatively and critically. Yes, we expect and hope you will read and refer to other authors – explicitly! You Must say when you use any other author’s text. There’s nothing to hide. We understand how difficult it is to write in a foreign language. It’s ok to quote other’s texts, even extensively. But, such uses of others texts must be cited with a footnote. It’s only fair.
When you use any other author’s writing without citing it with a footnote it is as if you were trying to present someone else’s original work as your own. It’s not fair to that author. It’s also not fair to your reader – your reader will want to know where you got your ideas from, which other authors you read – and are responding to.
Because plagiarism is like stealing it is a serious academic offense. I know you will want to use other author’s texts. That’s fine it’s even expected and desired. BUT you Must tell us you did so – and that’s what footnotes are for. They show us you have done your research, have read and thought about other others.
The footnote should be as follows:
Author’s First name and last name, a comma, the title of the work in italics, a way to find the work, the page or pages the cited source comes from and the year of publication, a period. Then, “Available at” and a url if possible. So, for example:
Eric Engle, My Next Great Idea, 1 Journal of Law and Economics, page 17 (2010). Available at: http://lexnet.com/my-next-great-idea.htm
The footnote should be sufficient so that I or your reader can locate the original text.
If/ you have lost the source, you should indicate as much of the source as you recall. An imperfect footnote is much much better than no footnote!
presents detailed rules – including examples! – of how to cite to legal sources in U.S. Style
presents detailed rules – including examples! – of how to cite to legal sources in British Style
they are similar but not the same. Please format your footnotes in either of these styles. You should choose the style based on whether you wish to try to publish your work in the U.S. or Europe, respectively.
shows how to cite to E.U. Laws.

You want your footnotes to be as proper as possible because editors at law journals will judge your work a bit based on the quality of your footnotes. No editor wants to reformat your footnotes. But an imperfect footnote is so much better than no footnote. It’s the difference between “acceptable” (a bad footnote) and “unacceptable and thus failure” (no footnote).
Most all of your life you have been told What to think. Anyone can memorize. We do not tell you what to think but How. That’s what we are looking for, and why plagiarism is common, yet unacceptable. It’s common because 1) someone else has thought of this 2) the grammar is so hard 3) it doesn’t seem like a big deal, people copy all the time. But it is a big deal, because we need to know where you got your nice text from, to be fair to other authors, and so you don’t appear to be stealing other’s ideas and presenting them as your own.
Citation is also important because Courts will Not “just take your word on it”. The Court Must have good law, must know where the law is which you are relying on!

Prelaw Links

Videos, Legal Information Institute

These videos are optional material you may find useful/fun.
Caveat: This site==> http://www.youtube.com/user/Lawschoolsuccess is not good. It’s only a giant advertisement (Werbung). Ignore that site.

HOW TO BRIEF CASES
Rememeber, in case briefing we are looking for the facts, the rule.
http://www.youtube.com/watch?v=feucSsK_L50
This is good because he points out the link between briefing the case and the IRAC formula.
This is also about case briefing , it might be easier to follow since it is also in writing:
http://www.youtube.com/watch?v=lH1XkaFD2C0&NR=1
I sent this IRAC link in the mail earlier, I think it’s good.
http://www.youtube.com/watch?v=g6KOsHYiL3k&NR=1
This isn’t the IRAC link I sent earlier but is also good
http://www.youtube.com/watch?v=NtLV_0HRLB4

This one is good: NO CONCLUSORY REASONING show me the Reasons not just the Outcome!
http://www.youtube.com/watch?v=An-1xWBRLmM&NR=1
IRAC — I dont think this is good but you might disagree. 
http://www.youtube.com/watch?v=BfcUay1xx2U&feature=related

this site^ has 2 others on irac http://www.youtube.com/user/JonesCollegeJAX

http://www.youtube.com/watch?v=FvuiFoO3Ulc
Corporation – This one is definitely relevant for my corporation course.

http://www.youtube.com/watch?v=cY2EhEYbk1U&feature=related

Affidavit – YouTube – This one is generally relevant.

http://www.youtube.com/watch?v=fT4DrWTYQD0&NR=1

Reading Cases Guide – YouTube — It’s ok, but only that.

http://www.youtube.com/watch?v=LlvGCAkM3XQ&NR=1

Legal Writing Skills Module 3: WRITING AND REFERENCING – It’s ok, but only that.

http://www.youtube.com/watch?v=KXHx5xcB6C4&NR=1

pols424: reading cases – It’s ok, but only that.

http://www.youtube.com/user/LawStudySystems#p/u

Consideration (Contracts) – Not relevant to either of my courses but really well done.

I wrote these search engines while at Harvard
http://www.law.harvard.edu/students/orgs/hela/searchengines.html

The world legal information institute http://www.worldlii.org/
has links to free online law from a variety of jurisdictions.
As of yet there is no E.U. or German L.I.I.
I would like to build one.


This link

https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0BwMRRQXBqVxjNWY1ZDk3YjUtOWE3MC00YzliLTg1NTAtODk5M2M0MzU4YTdm&hl=en_US


contains documents which indicate English, E.U., French, and German legal citation formats.

This link 
http://www.law.cornell.edu/citation/

gives you the format for U.S. legal citation.
Enjoy! :S 😉

Corporations and Human Rights

How to Read a Balance Sheet (The Non-Boring Version)


Understanding Annual Reports

Common Valuation Ratios | P/E Ratio

Investment Valuation Ratios: Price/Earnings Ratio | Investopedia

Price–earnings ratio - Wikipedia, the free encyclopedia

Debt-to-equity ratio - Wikipedia, the free encyclopedia

Return on capital employed - Wikipedia, the free encyclopedia

Eric Engle, Corporate Social Responsibility (CSR): Market-Based Remedies for International Human Rights Violations? 40 Willamette L. Rev. 103 (2004). Available at: {}shttp://amor.cms.hu-berlin.de/~engleeri40WillametteLRev103.htm

Cite as: Eric Allen Engle, What You Don't Know Can Hurt You: Human Rights, Shareholder Activism, and SEC Reporting Requirements 50 Syr. L.Rev. 63 (2006). Available at: http://amor.cms.hu-berlin.de/~engleeri <b>Citation:</b> Eric Allen Engle, What You Don't Know Can Hurt You: Human Rights, Shareholder Activism and SEC Reporting Requirements, 57 Syracuse L. Rev. 63 (2006). Available at: http://amor.cms.hu-berlin.de/~engleeri57SyracuseLRev63.htm

U.S. Corporate Liability for Torts of (Foreign) Subsidiaries by Eric Engle :: SSRN

Cite as: Eric Engle, Extraterritorial Corporate Criminal Liability: A Remedy for Human Rights Violations? 20 St. John's J. Legal Comment., 287 (2006). Available at: http://lexnet.co.cc/corporations/20StJohn'sJLegalComment287.htm

Eric Engle, I Get By With A Little Help From My Friends. Understanding the UK Anti-Bribery Statute, By Reference to the OECD Convention and the Foreign Corrupt Practices Act 44 Int'l Law. 1173 (2010). Available at: {}shttp://amor.cms.hu-berlin.de/~engleeri44Int'lLaw1173.htm

Green Taxation and the EU

Eric Allen Engle, Universal Human Rights: A Generational History, 12 Ann. Surv. Int'l & Comp. L. 219 (2006).

A Social-Market Economy for Rapid Sustainable Development by Eric Engle :: SSRN

Beating bribery: Small change | The Economist

WTO Proposes Slavery for Africa | The Yes Me

We will be covering a lot of material in this module and just about all of it is useful. 

The “strategic” goal of the module is to understand how the rule of law can be generated through corporate activity. The “tactical” learning objectives are:

I. 
How to read a company balance sheet.
Accounting methods (GAAP) 
How to objectively value a company (ratio analysis)

II. 
Understanding the legal structures of a business
-Capital structure (Debt, Equity)
-Governance Structures
–Boards of directors
–Shareholder’s meetings

III. Corporate Governance
A. Soft governance
1. Resolutions
2. “Soft Law”
3. Human rights
4. Corporate Compliance

B. Hard Governance
1. Tort law
2. Criminal law (economic crimes)
3. Taxation

https://www.daad.de/deutschland/studienangebote/international-programs/en/

http://www.e-fellows.net/KARRIEREWISSEN/Job-Skills/Business-Englisch/Trainiere-dein-Hoerverstehen

http://www.greenpeace.org/africa/en/News/news/Exposed-Illegal-Fishing-in-West-African-Seas/

Research Sources for Your Paper:
http://www.scholar.google.com
http://www.ssrn.com




Syllabus

Constructivist learning theory:

Introductions:
-Who has a weblog? (blog)
Teamwork?

Final exam or Final paper
Exam will have 1 essay 10 multiple choice. You can earn a passing grade with 10 correct essay answers and no essay, or a great essay and 0 correct multiple choice answers.
(number essay answers correct*10 + essay grade on scale of 1-100)/2 > 65% = pass.

Abbreviations:
HR = human rights
FP = foreign policy

LEGAL TYPOLOGY
Freedom from / Right to
Negative rights / affirmative rights
Procedural/Substantive
civil and political rights
economic, social, and cultural rights
HR and rule of law

vested right, executory right, claim
4 basic rights in EU – free movement of good, workers, capital, services.

relationship between national constitutional rights and international human rights

Are HR a “sword” or “shield” in FP?

TOPICS
Children’s Rights
Women’s Rights
Rights of Racial Minorities
Rights of Religious freedom
LGBT Rights
Right to Food
Right to Life
Right to Travel / Immigration
India – Capital punishment, right to food, GMO seeds, pesticides?
Trade/Business and human rights: sanctions? Does human rights observance give an advantage to business trade? Does HR implementation create a good business climate? Does HR observance result from a good business climate?
Refugees:
https://uk.news.yahoo.com/calais-migrant-claims-travel-uk-111742031.html#nlsALAz

NGOs:
https://www.amnesty.org/en/who-we-are/

http://www.banktrack.org/

https://www.hrw.org/

http://www.osce.org/

http://www.dw.com/en/quadriga-refugees-welcome-in-germany-2015-07-30/e-18573092-9798

Videos:
Institute for Cultural Diplomacy: https://www.youtube.com/watch?v=BkzI7CrrHfI
Germany and HR: https://www.youtube.com/watch?v=Ee8YyHNHWOo
HR in Germany (lecture six parts) https://www.youtube.com/watch?v=hDq7EAL_V-Y&list=PLSLiIwG5ylcU1HSfepjT6lfU9Mx2cVvOs
HR and U.S. foreign policy since 2000: https://www.youtube.com/watch?v=Ee8YyHNHWOo
“A tale full of sound and fury, signifying – nothing”? Criticism of implementation of German human rights policy.
https://www.youtube.com/watch?v=j-EN-8aNPf4
HR Watch
https://www.youtube.com/user/HumanRightsWatch

Germany and HR:
German President Gauck on HR:
https://www.youtube.com/watch?v=E0hThZR5HR8
The German Presidency is a basically symbolic post, more or less like the UK Queen or Canada’s Governor General. The person holding that post is meant to symbolize German unity and good values.

German Foreign Office (=State Department) on human rights (in English):
http://www.auswaertiges-amt.de/EN/Aussenpolitik/Menschenrechte/Uebersicht_node.html
Germany’s Human Rights Commissioner Strasser on HR in English:
http://www.auswaertiges-amt.de/EN/AAmt/Koordinatoren/MR-Koordinator/Uebersicht-MRBeauftragter_node.html
Business and Human Rights in Germany:
http://www.auswaertiges-amt.de/EN/Aussenpolitik/Aussenwirtschaft/Wirtschaft-und-Menschenrechte/Uebersicht_node.html
German Foreign Minister Steinmeier on human rights and business:
http://www.auswaertiges-amt.de/EN/Aussenpolitik/Aussenwirtschaft/Wirtschaft-und-Menschenrechte/Wirtschaft-und-Menschenrechte.html

German Issues

Holocaust
 In popular imagination the holocaust is monolithic and tragic: factories of death, kill ’em all. Reality is more complex than that.

http://prorev.com/wannsee.htm
http://rationalwiki.org/wiki/Himmler_on_the_execution_of_Jews

Refugees
http://www.bmi.bund.de/EN/Topics/Migration-Integration/Asylum-Refugee-Protection/Asylum-Refugee-Protection_Germany/asylum-refugee-policy-germany_node.html

http://www.unhcr.org/40f2bb884.html

http://www.bamf.de/EN/Migration/AsylFluechtlinge/asylfluechtlinge-node.html

Judicial review
https://www.germanlawjournal.com/pdfs/Vol09No10/PDF_Vol_09_No_10_1267-1296_Articles_Oster.pdf

The Wall
https://books.google.co.uk/books?id=Q9NJVstXCXMC&pg=PA419&lpg=PA419&dq=wall+stasi+law&source=bl&ots=7h_GhZR-d9&sig=fdtUNyBKYITJVL4fw37kZexNe4c&hl=en&sa=X&ved=0CFIQ6AEwCGoVChMIr_SQqdXzxgIVJ0rbCh2xSQE6#v=onepage&q=wall%20stasi%20law&f=false

https://books.google.co.uk/books?id=xAqUAgAAQBAJ&pg=PA25&lpg=PA25&dq=wall+stasi+law&source=bl&ots=5GlnJCEeTa&sig=eyIpb0F0auyAJnxRY6MWEkRrO-U&hl=en&sa=X&ved=0CIcBEOgBMBFqFQoTCK_0kKnV88YCFSdK2wodsUkBOg#v=onepage&q=wall%20stasi%20law&f=false

 Integration of new citizens

http://www.migrationpolicy.org/article/germany-strives-integrate-immigrants-new-policies

http://www.make-it-in-germany.com/en/for-qualified-professionals/living/integration-courses

Lampedusa:

Links to the Treaties and Other Laws

On this page I will place links to the legal materials you need to figure out human rights (laws, norms, rules, standards, goals)

Conceptual guide: ask yourselves what is the relationship, if any, between morality, law, and justice.

Try to figure out a structure of rules: a typology of rules.
What is the difference between law and politics? A legal right and a political right?

Magna Carta
http://www.legislation.gov.uk/aep/Edw1cc1929/25/9/contents

Declaration of Independence
http://www.let.rug.nl/usa/documents/1776-1785/the-final-text-of-the-declaration-of-independence-july-4-1776.php

U.S. Constitution
https://www.law.cornell.edu/constitution
Is the bill of rights binding law?
a) on the federal government?
b) on the states?
c) on private persons?

Declaration of rights of man:
http://avalon.law.yale.edu/18th_century/rightsof.asp
Are declarations legally binding? Or do the merely set out goals – of law? Of politics?

The UN Right System
Understand that the UN system is meant to help the poorer countries reach the same standards of the richer ones and it is easier to see how it functions.

UDHR
http://avalon.law.yale.edu/20th_century/unrights.asp
ICCPR
https://treaties.un.org/pages/viewdetails.aspx?chapter=4&src=treaty&mtdsg_no=iv-4&lang=en
ICESCR
http://www.un-documents.net/icescr.htm
CEDAW
http://www.un.org/womenwatch/daw/cedaw/
CERD
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx

Germany

http://www.gesetze-im-internet.de/englisch_gg/

EU Law
http://eur-lex.europa.eu/collection/eu-law/treaties-force.html?locale=en

European Convention of Human Rights
http://conventions.coe.int/treaty/en/Treaties/Html/005.htmhttp://conventions.coe.int/treaty/en/Treaties/Html/005.htm

Civil Rights Act of 1964
http://finduslaw.com/civil-rights-act-1964-cra-title-vii-equal-employment-opportunities-42-us-code-chapter-21
Equality Act
http://www.wired.com/2015/07/apple-equality-act/

Current Events and Human Rights

Internships and Job Opportunities

This page will include all internship and job opportunities and will be regularly updated:

http://www.state.gov/vsfs/243849.htm

International Corporate Law and Governance: Sustainable Growth and Rule of Law

INTERNSHIPS
Journalists! Master Studiengang in Bonn (DW)
http://www.dw.de/dw-akademie/application/s-12278

Diplomats! Training for International Diplomats
http://www.auswaertiges-amt.de/EN/AusbildungKarriere/InternationDiplAusbildung/Uebersicht_node.html

U.N. Internships:
http://www.un.org/Depts/OHRM/sds/internsh/

EU Internships:
http://ec.europa.eu/stages/index_en.htm

http://europa.eu/about-eu/working-eu-institutions/traineeships/index_en.htm

http://fra.europa.eu/en/about-fra/recruitment/internship

http://www.euintheus.org/what-you-can-do/work-with-us-internships/

European Court of Human Rights
http://www.coe.int/en/web/jobs/traineeships

Praktika beim Auswärtigen Amt
http://www.auswaertiges-amt.de/DE/AusbildungKarriere/AA-Taetigkeit/Praktika/Praktika_node.html

http://www.bundestag.de/ppp

Journalists! Master Studiengang in Bonn (DW)
http://www.dw.de/dw-akademie/application/s-12278

Diplomats! Training for International Diplomats
http://www.auswaertiges-amt.de/EN/AusbildungKarriere/InternationDiplAusbildung/Uebersicht_node.html

U.N. Internships:
http://www.un.org/Depts/OHRM/sds/internsh/

EU Internships:
http://ec.europa.eu/stages/index_en.htm

http://europa.eu/about-eu/working-eu-institutions/traineeships/index_en.htm

http://fra.europa.eu/en/about-fra/recruitment/internship

http://www.euintheus.org/what-you-can-do/work-with-us-internships/

European Court of Human Rights
http://www.coe.int/en/web/jobs/traineeships

Praktika beim Auswärtigen Amt
http://www.auswaertiges-amt.de/DE/AusbildungKarriere/AA-Taetigkeit/Praktika/Praktika_node.html

TRANSLATORS AND INTERPRETERS:
EUR-Lex (Community law online): http://eur-lex.europa.eu
IATE terminology database: http://iate.europa.eu
Directorate-General for Translation, European Commission:
http://ec.europa.eu/dgs/translation
European Master’s in Translation (EMT): http://ec.europa.eu/emt
Directorate General for Interpretation, European Commission:
http://ec.europa.eu/dgs/scic
How to become an interpreter?: http://bit.ly/q64qcN
European Master’s in Conference Interpreting (EMCI):
http://www.emcinterpreting.org
Associations of translators, terminologists
and translation companies
International
Globalisation and Localisation Association (GALA)
http://www.gala-global.org
International Association of Conference Translators
http://www.aitc.ch
International Association for Translation and Intercultural Studies
http://www.iatis.org
International Federation of Translators (FIT)
http://www.fit-ift.org
International Permanent Conference of University Institutes of
Translators and Interpreters (CIUTI) http://www.ciuti.org
Unesco Clearing House for Literary Translation
http://www.unesco.org/culture/lit
EU-wide
European Association for Machine Translation (EAMT)
http://www.eamt.org
European Council of Literary Translators’ Associations (CEATL)
http://www.ceatl.org
European Society for Translation Studies (EST)
http://www.est-translationstudies.org
European Union of Associations of Translation Companies
http://www.euatc.org

Международная следственная группа по расследованию крушения борта MH17 ищет свидетелей, которые видели зенитно-ракетный комплекс Бук в контролируемом сепаратистами районе Украины в день, когда был сбит MH17.

Международная следственная группа по расследованию крушения борта MH17
ищет свидетелей, которые видели зенитно-ракетный комплекс Бук в
контролируемом сепаратистами районе Украины в день, когда был сбит MH17.
Комиссия обнародовала интересное видео, демонстрирующее все
доказательства, собранные на данный момент, в том числе телефонные
разговоры с командирами сепаратистов. Видео: https://youtu.be/olQNpTxSnTo |Подробнее читайте здесь: www.jitmh17.com

You may contact me anonymously if you wish.

Bosch Stiftung, Carl Friedrich Goerdeler-Kolleg für Good Governance 2015/2016

http://www.bosch-stiftung.de/content/language1/html/20269.asp

Друзі! Ви працюєте в державній чи муніципальній установі, неурядовій
організації чи в економічній сфері? Ви хотіли б підвищити свою
кваліфікацію, познайомитися з активними європейцями, розвинути та
втілити інноваційні ідеї? Скористайтеся нагодою і подавайте заявку на
участь у навчальній програмі Фонду імені Роберта Боша «Коледж імені
Карла Фрідріха Гьорделера «Good Governance»! Мова проведення семінару –
німецька. Кінцевий термін подання заявок: 02.03.2015. 

http://www.bosch-stiftung.de/content/language1/html/20269.asp

Merkel admonishes to haste on TTIP

Merkel mahnt bei TTIP zur Eile

Handelsblatt –
Quelle: https://de.finance.yahoo.com/nachrichten/merkel-mahnt-ttip-eile-175300498.html

Bundeskanzlerin Angela Merkel hat CDU und CSU aufgefordert, das geplante EU-USA-Freihandelsabkommen (TTIP) gegen alle Widerstände durchzukämpfen. Wenn Deutschland als Exportnation in zehn Jahren noch erfolgreich sein wolle, müsse man mit ‘Haut und Haaren, mit Elan und wirklicher Überzeugung’ verhandeln, sagte die CDU-Vorsitzende am Freitag auf dem CSU-Parteitag in Nürnberg. Sonst scheitere TTIP.

Merkel verglich den Kampf für TTIP mit politischen Großdebatten wie der Einführung des EU und dem Nato-Doppelbeschluss in den 1980er Jahren. Den politischen Kampf müsse gerade die Union auch diesmal durchstehen. Die USA und die ostasiatischen Staaten würden ihr eigenes Freihandelsabkommen schon 2015 abzuschließen, so dass Europa zurückfalle, sagte Merkel.
Merkel wies erneut die Kritik der TTIP-Gegner zurück, dass etwa Sozial- und Umweltstandards durch das Wirtschaftsabkommen gefährdet würden. ‘Es wird nicht ein einziger europäischer Standard verraten und abgemildert’, sagte sie. Auch kommunale Dienstleistungen seien nicht gefährdet. ‘Nichts dergleichen ist geplant.’ Gleichzeitig warb sie dafür, dass es in den Verhandlungen eine gewisse Vertraulichkeit geben müsse. TTIP-Gegner monieren, dass die Verhandlungspositionen der EU nur teilweise veröffentlich werden.

Seit dem G20-Gipfeltreffen in Australien hat Merkel mehrfach und mit immer dramatischeren Worten gewarnt, dass sich die EU und Deutschland ohne das Abkommen mit den USA in der globalisierten Welt nicht mehr behaupten könnten.

Diplomatic Courier: Interview: João Vale de Almeida, European Union Ambassador to United States

Interview: João Vale de Almeida, European Union Ambassador to United States

Dec 05, 2014 Written by  C. Naseer Ahmad, Guest Contributor
The Seventh Round of Transatlantic Trade and Investment Partnership (TTIP) talks took place in Washington, DC from September 29 to October 3, 2014. This landmark trade deal has huge impact on both sides of the Atlantic. In an exclusive interview with Diplomatic Courier, Ambassador João Vale de Almeida, the Head of the Delegation of the European Union to the United States, discussed a wide range of topics including EU-U.S. trade relations and the crisis in Ukraine.
Before his appointment in Washington as the European Union’s Ambassador, he brought a wealth of experience in senior positions. He served as the Director General for External Relations at the European Commission, the European Union’s executive body. He helped formulate and execute the EU’s foreign policy and played a key role in preparing for the new European External Action Service (EEAS) introduced by the Treaty of Lisbon.
Ambassador Vale de Almeida served as the Head of Cabinet for European Commission President José Manuel Barroso during 2004 to 2009. He accompanied President Barroso in all EU Summit meetings and coordinated with Heads of State and Governments in all 28 Member States, and was also the President’s Personal Representative for the negotiations on the Treaty of Lisbon.
Ambassador Vale de Almeida joined the European Commission in 1982 at its Delegation in Lisbon, after spending seven years as a journalist. He holds a degree in History from the University of Lisbon and has studied and received training in journalism and management in the United States, France, Japan, and the United Kingdom. Ambassador Vale de Almeida was decorated by the President of the Republic of Portugal with the ‘Grã-Cruz da Ordem do Infante D. Henrique’ (Grand Cross of the Order of the Infante D. Henrique) in 2011.
***
[Diplomatic Courier:] Are the EU-U.S. trade talks advancing as they should? What are the main issues?
[Ambassador Vale de Almeida:] Yes, they are, but more could also be done. It is a very ambitious project aimed at job creation and economic growth. I believe that trade will provide economic growth and increase in investments. It is good for the people of the countries involved. The Transatlantic Trade and Investment Partnership (TTIP) being negotiated between the European Union (EU) and the United States is aimed at removing or reducing tariffs and non-tariff barriers. It is a strategic relationship that needs to be strengthened.
[DC:] Should the EU expand sanctions on Russia in response to the crisis in Ukraine?
[AVA:] Russian reaction to the crisis in Ukraine is totally unacceptable—for the EU as well as the U.S. So I think we have to demonstrate a firm resolve. I consider the EU-U.S. relationship the “Atlantic Pillar” and so we remain united in our response. We are gauging the situation and if additional sanctions are needed, we will coordinate with the U.S.—our partner in the “Atlantic Pillar”. While we are also ready to engage in any dialogue that contributes to a peaceful solution, we condemn the annexation of Crimea by Russia.
[DC:] What effect are these sanctions having on Russia?
[AVA:] Russia has been isolated and the sanctions are making an impact in sending a clear signal that violations of international law will not be tolerate. (Russian) actions so far have been very detrimental to the Russian economy. Leadership in Moscow needs to hit the pause button to calm the situation.
[DC:] How are the U.S. and EU working together to promote dialogue with Russia?
[AVA:] Diplomatic efforts are always ongoing to promote dialogue with Russia and to emphasize the independence and integrity of Ukraine should not be threatened by aggression.
[DC:] What are European countries and the U.S. doing to provide support to the Kurds in northern Iraq, and how are they working together to respond to the humanitarian crisis there?
[AVA:] We continue to support the humanitarian efforts in northern Iraq and are fully cooperating with the U.S. For us in the EU, the territorial integrity of Iraq as a country remains the focal point. We want to help ensure that there is inclusive government in Iraq where the rule of law is paramount and the rights of minorities like the Kurds and Yazidis are protected.
[DC:] How can the U.S. and the EU work together to support a long-term solution to the situation in Gaza that leads to two states?
[AVA:] We remain engaged in the region as members of the Quartet—EU, U.S., UN, and Russia—and support the rights of the Palestinian people and for a two-state solution that will help bring about peace in the region. But, we also understand that the real solution will have to be worked out by the two parties involved, i.e. Israel and the Palestinian people.
[DC:] Are the EU and the U.S. coordinating efforts to contain the spread of the Ebola virus?
[AVA:] In a globalized world, the spread of virus and epidemics is a real danger to public health. So we continue to work with global institutions like the World Health Organization (WHO), and of course the U.S. It is really important to note that one must not see risks to public health as local epidemics because of the speed with which virus can spread in this modern world. We have to work together to tackle the threats to public health aggressively.
[DC:] What would you consider the highlights of your tenure as EU Ambassador in Washington?
[AVA:] I found this to be a very pleasant experience. Among other things, my goal was to be able to visit all 50 states, and I am so happy that I was able to do so, which made it especially rewarding because of the ability to bring the message of the 28 countries in Europe to the American people. After all, many of them have roots in EU countries. Additionally, the work on TTIP has been particularly a matter of pride because of the opportunities it will bring for all people concerned.
I also take pride in that we were able to bring about President Obama’s visit to Brussels. This was his first visit there and it will help strengthen EU-U.S. ties. Of course, it is also a matter of pride that the European Union won the Nobel Peace Prize in 2012.
[DC:] How you feel about Washington as a diplomatic post?
[AVA:] Washington is a world-class city which offers many challenges, but also many opportunities to work with people who want to get things done.
[DC:] What message you would like to communicate to those aspiring to become diplomats?
[AVA:] In my speeches, I always try to stress the importance of having a global perspective. If we understand the world better, we will understand the local environments better. This is because we live in an interconnected world. So having the big picture in mind will help bring about win-win solutions to problems that sometime seem impossible to handle.
This article was originally published in the Diplomatic Courier’s November/December 2014 print edition.

SOURCE: http://diplomaticourier.com/news/topics/diplomacy/2427-interview-joao-vale-de-almeida-european-union-ambassador-to-united-states

Transcript of Press Gaggle

Transcript of Press Gaggle with U.S. Trade Representative Froman and European Commissioner for Trade Malmstrom

Transcript of Press Gaggle with U.S. Trade Representative Froman and European Commissioner for Trade Malmstrom
Washington, D.C.
December 8, 2014

Ambassador Michael Froman: “We just finished a very good set of discussions where we reviewed the state of the negotiations to date. We reaffirmed our commitment to an ambitious, comprehensive, high standard T-TIP. We talked about next steps in terms of equipping our teams with the tools they need to move forward on the outstanding issues. We expect that the meetings over the course of January among various parts of our team, as they prepare for a round in early February, the next formal negotiating round. And the two of us, very much are committed to staying actively involved through regular stock-taking exercises throughout the negotiations.”
Commissioner Cecilia Malmstrom: “Well I am obviously very happy to be here today. It’s the first real meeting between us, Mike, and his team on an agreement that we consider on the European side, and I know that is shared, being a potentially very, very important agreement. Not only because what it can bring when it comes to jobs and growth, on both sides of the Atlantic, but also the possibilities for us to set global standards and to renew and to reconfirm our strong partnership across the Atlantic as well.
“This was a very good meeting, we went through everything, we exchanged new ideas, informally, but very useful to take stock of where we are, possible ways forward, and so on. And I would personally be very engaged with Mike to follow this, to give it the political push necessary to do, as was recommended by our leaders in Brisbane. This is a priority for both President Obama and European leaders, and we do this between us, but also underlining the importance of trying to engage with the stakeholders outside as well to try to explain and demystify some elements of this potentially very, very important agreement.”

Source: http://www.ustr.gov/about-us/press-office/press-releases/2014/December/Transcript-Ambassador-Froman-EU-Commissioner-Malmstrom-Meeting

Nürnberg TTIP auf Deutsch 15/X/2014

http://www.europa-union.de/ttip-buergerdialoge/

TTIP – WIR MÜSSEN REDEN!
Die Europa-Union lädt ein zum Bürgerdialog
überparteilich und unabhängig




15. Dezember 2014 in Nürnberg

Mehr Informationen zur Veranstaltung finden Sie hier.

20. Januar 2015 in Leverkusen (Programm folgt)

Anmelden können Sie sich schon hier.


Weitere Termine folgen.

Bereits abgeschlossene Veranstaltungen:

EcoLogic on TTIP

The Ecologic Institute, an environmental think tank with offices in Berlin and Washington D.C., has published several research papers and short studies on the TTIP. Ecologic’s mission is to contribute to better environmental policies through research. Here are their relevant publications to TTIP to present. Many thanks!

ENVI Relevant Legislative Areas of the EU-US Trade and Investment Partnership Negotiations (TTIP), Study for the European Parliament (in cooperation with IEEP and BIO IS), http://www.ecologic.eu/11309

Presentations:

Nils Meyer-Ohlendorf,  Protection of Investment through the International Human Rights Law?, 25 September 2014, Brussels, http://www.ecologic.eu/11465

Christiane Gerstetter,  Regulatory Cooperation in TTIP – Observations (also) from an Environmental Viewpoint, 8 October 2014, Berlin, http://www.ecologic.eu/11360

Happy thanksgiving!

European Commission, Transparency in TTIP; U.S. Specialists and Embassy Speakers’ Program

European Commission, Transparency in TTIP: Press conference by Cecilia MALMSTRÖM, Member of the EC in charge of Trade, and Bernd LANGE (S&D, DE) , Chair of the International Trade Committee
 http://ec.europa.eu/avservices/video/player.cfm?ref=I095741
(video)
Transcript of the video:

“Opening the windows: Commission commits to enhanced transparency”
http://europa.eu/rapid/press-release_IP-14-2131_en.htm?locale=de
(discussion/links thereto).

———

U.S. Specialists and Embassy Speakers’ Program:
http://france.usembassy.gov/speaker-program.html

SPECIALIZED SEARCH ENGINES

TTIP Search Engine A custom search engine focusing on TTIP and law.

EU Law Search Engine

Commentary on EU law Search Engine

Deutsche Gerichte German Court Cases Search Engine

Deutsches Rechtslehre German Legal Commentary Search Engine

Droit Francais Moteur de Recherche Search Engine

International Law Search Engine

Ever wonder what it all means? Look legal terms up in thsi search engine focusing on Law Dictionaries.

Search google books

Search google scholar HOW TO USE ADVANCED SEARCH OPERATORS TO MAKE YOUR OPEN SOURCE / OPEN ACCESS SEARCH MORE EFECTIVE: A GUIDE TO SEARCH OPERATORS

SEARCH OPERATORS

ANDconjunction (logical and) (must be capitalized)

OR inclusive disjunction (logical or) (must be capitalized) The pipe symbol | also works.

NOT – negation (exclusion) (logical not). The minus symbol also works to indicate negation.
(searchterm) Order of precedence

~ includes synonyms e.g. “theoretical~” would return unstemmed synonyms.

“” Literal, e.g. “searchterm” would return only the exact word searchterm. Note that literal search is better supported in Yahoo!

. At least once the full stop (dot) was reported as a character wild card but doesn’t seem to function as such. 

* WILD CARD(word, not character) – can be used for proximity search e.g. “eric * engle” AND “engle * eric” will return results where eric is within 1 word of Engle — the wild card word is intransitive and may act as a proximity operator with the closer results being returned first (i.e. results within 1 word are returned ahead of results within 10 words)

Stemming
(root expansion) unquoted terms are automatically expanded (stemmed) to cover variations. Thus nationalshould also return nationalism. Quoted search terms (literals) are not expanded (stemmed). Thus “national”would not return nationality

Near – sometimes people report “near” as a valid google operator – I have never had luck with it and it is undocumented.

AROUND –
searchterm1 AROUND(number) searchterm2 is an undocumented proximity operator.
example: “defense against the dark arts” AROUND(20) slytherin

ADVANCED SEARCH OPERATORS

Syntax: Example:
inmeta:author: author search inmeta:author: “State Department” OR “Department of State” 
allintitle:
title search
allintitle: “Transatlantic Trade and Investment Partnership”
site:
site search
TTIPsite:http://www.yahoo.com/
filetype:extension doc pdf  TTIP filetype:pdf

HOW TO SEARCH FOR FILES OF A GIVEN TYPE:
Filetype:extension
e.g. searchterm filetype:pdf

Filetypes which may be specified include: pdf, ps, wk1, wk2, wk3, wk4, wk5, wki, wks, wku, wp, mw, xls, ppt, doc, wks, wps, wdb, wri, rtf, swf, ans, txt. No space may occur between filetype: and the extension! filetype:docworks. Filetype: doc fails.

allintext: searchterm
inurl: searchterm
 
Supposedly, only 32 words are permitted in your search terms. Stopwords are not counted. Google will only return a maximum of 1000 pages

Operators OR and NOT must be in all caps. AND is implicit and need not be stated but can be explicitly stated if you wish.
Typical wildcard characters in search engines:  *, ?, .
Typical expansion characters in search engines: *, !
+ includes any stopword like a, the, an, and so on
Stopwords are common words such as “the” “a” “an” which would normally be excluded. Google had stopwords but may have eliminated them. Stopwords can be forced to be included through quoting as a literal. “Knight’s Gambit to Fool’s Mate” would include “to” in the search.

SITE SPECIFIC SEARCH ENGINES You may prefer the site specific search engine for greater precision however all these sites should be contained in the EU search engine.

EU Law at your fingertips! (very precise searchers go here)

EURLEX (formerly CELEX)

Europa

CURIA

European Court of Human Rights (hudoc)

JURISPEDIA: Wikipedia for law. This can at times be a very good resource. If it has information the information is generally good to very good.


NATIONAL COURTS



Germany

Bundesgerichtshof (BGH) — Entscheidungen

Bundesverfassungsgericht – BVerfG

German Laws in the Internet: Some have English Translations!

  • Gesetze / Verordnungen
  • Verwaltungsvorschriften im Internet
  • Internetadressen der Bundesministerien finden Sie auf dieser Seite.
  • Aktualitätendienst
  • Titelsuche
  • Volltextsuche
  • Translations
  • France
    Conseil Constitutionnel
    Cour de Cassation


    EU SCHOLARS WITH OPEN ACCESS ONLINE SCHOLARLY WRITINGS


    Grainne De Burca

    David Kennedy

    Duncan Kennedy

    Eric Engle

    If you offer your writings on open-access or represent an open access institute feel free to contact [email protected] to ask to be linked.

    ONLINE GUIDES TO EU LAW

    Columbia

    The World Legal Information Institutes, provide free online open access sources of law as part of the free access to law movement.

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