In: German Law Journal, 2004, vol. 5, p. 101-114
In her legal history postdoctoral Habilitation-study Freiheit ohne Grenzen? (Unlimited Freedom?), Sibylle Hofer comes to the conclusion that despite a large absence of discourse on contractual freedom the perception of unlimited freedom in the 19th Century private law theorie cannot be confirmed, instead this is more of a myth. By exploring the larger context of societal development at the...
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In: Contractual Networks: Legal Issues of Multilateral Cooperation, 2009, p. 255-289
Today’s increasingly co-operative relations between the state and private persons have brought numerous new problems to the law. It may even be held that the new types of ‘co-operationism’ between the state and private persons has plunged the law into deep crisis. This is because by freeing the administration from the constraints which are binding by statute, on the one hand, and...
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In: Festschrift für Gunther Teubner zum 65. Geburtstag, 2009, p. 201-214
In public-private partnership, the question of a third party's rights always was and still remains very controversial. On the one hand, public law has elaborated extensively on third parties' rights over the years. Solutions range from the two-step approach (Zweistufentheorie) to the extensive use of constitutional rights to the requirement of a compulsory written consent. On the other hand,...
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In: Indiana Journal of Global Legal Studies, 2007, vol. 14, no. 2, p. 235-258
This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken (“VgT”). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social...
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In: Papers Presented in the Center for the Study of Law and Society Bag Lunch Speaker Series, 2009, no. 38, p. 1-33
Since the 1970s in the US, Europe, and indeed throughout the world, there has been a move to transfer public power to private entities, to replace public agencies with private contractors. Alongside this political and administrative development a new scholarly school has developed: one which argues that contract will become the new form of regulation for the emergent public services provided...
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In: Algorithmica, 2018, vol. 80, no. 10, p. 2799-2817
Anupper dominating set in a graph is a minimal dominating set of maximum cardinality. The problem of finding an upper dominating set is generally NP-hard.We study the complexity of this problem in finitely defined classes of graphs and conjecture that the problem admits a complexity dichotomy in this family. A helpful tool to study the complexity of an algorithmic problem is the notion of...
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In: Publius: The Journal of Federalism, 2003, vol. 33, no. 1, p. 1-21
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In: Human Resources for Health, 2021, vol. 19, no. 47, p. 1-13
Background: The global shortage of nurses has caused strategic employer positioning and strengthened employer branding to become progressively relevant addressing the increased competition in the recruitment of nurses. This study provides competition- oriented strengths-and-weaknesses profiles for nurse attraction and attrition for the major types of healthcare institutions to advise on...
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In: Human Resources for Health, 2018, vol. 16, no. 58, p. 1-10
Background: In response to the need for competitive recruitment of nurses resulting from the worldwide nursing shortage, employers need to attract and retain nurses by promoting their competitive strengths in their working conditions (WCS) and by addressing their competitive weaknesses. This study investigated workplace differences between public hospitals (PuHs), private for-profit hospitals...
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In: The Journal of Law, Economics, and Organization, 2018, vol. 34, no. 2, p. 162-195
We design two laboratory experiments to analyze the causal effects of competition on step-by-step innovation. Innovations result from costly R&D investments and move technology up one step. Competition is inversely measured by the ex post rents for firms that operate at the same technological level, i.e. for neck-and-neck firms. First, we find that increased competition leads to a significant...
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