the thigh area is perfect. not too loose, not too tight for me and they're not a drop crotch. it tapers down in the calf area (obviously), but there's still a considerable amount of room in that area. i, however, have skinny legs, so slim fit pants aren't really a factor. my levis 511s fit tighter in the calf/thigh area than these publish joggers do.
i think if you stick with a 38, you'd be good; but i think if you try and size down to a 36, the leg area might get too tight
if you click on my profile, you might be able to get a closer view of the calf area where the pants bunch. you could see how much extra material there is