Law Commons^™

Heterodox Challenges To Consumption-Oriented Models Of Legislation, Luigi Russi, John Haskell

Luigi Russi

Consumption-oriented models of governance dominate the contemporary global legal architecture. The financial crisis beginning in 2008, however, poses fundamental questions about the future viability of these approaches to economics and law. This paper attempts to first, evaluate consumptionÕs salient historical development and themes from the post- World War II era to more recent legislative innovation, and second, introduce seven heterodox vignettes that challenge the hegemony of consumption in legislative policy. The paper concludes with some brief reflections upon potential opportunities and limitations of these heterodox traditions within future scholarship and policy addressing the interplay of law and consumption in global …

The Evil Technology Hypothesis: A Deep Ecological Reading Of International Law, Luigi Russi, Ugo Mattei

Luigi Russi

This short paper advances the hypothesis that international law, far from being a purely neutral “indeterminate” technology that can lend itself to both good and bad uses, might actually be structurally biased to produce exploitative outcomes. This hypothesis is presented through several steps. The first part presents Martti Koskenniemi’s indeterminacy thesis, followed by Anthony Anghie’s depiction of international law as a technology. The possibility of an inherent bias of technology, such that it will lend itself to exploitative uses, even with the best of intentions, is then introduced in Section III, using the writing of radical ecological thinkers Ran Prieur …

Toda Joia, Toda Beleza! Finding What Is Left In The Margins Or Regime Collisions: A Pluralist Take On Managerialism, Luigi Russi, Alfonso Encinas Escobar

Luigi Russi

This paper has two authors, two titles and is written in the form of a dialogue, rather than conveying a unitary voice, as one would instead expect of a coauthored paper. The reason for this is that the articulation of the authors' disagreement, despite the identification of each of them with “the left”, is precisely the object of inquiry. After briefly introducing the problem on which the authors’ discussion takes place, namely regime collisions, and the clash of approaches that are available to (decide whether to) deal with them, a dialogue follows, in which the authors’ voices are clearly separated …

Where Does The Critique Of Consumer-Based Economic Governance Stand Today?, John Haskell, Luigi Russi

Luigi Russi

This paper addresses the increasing importance of the ‘consumer society’ paradigm in the shaping of economic policy and legislation, explores its foundational ideas and disputes, and introduces seven critiques that have surfaced with new currency among scholars and civil society in the wake of the ongoing financial crisis. The developments and critiques surrounding the consumer-based model of governance intimate a much broader story of shifting economic thought and socio-political contestation around the globe. This paper seeks both to capture the larger story and harness its complexity to a specific set of dynamics by using the European Union as a case …

Cooperation Before Contract: The Law And Policy Of Expenses Incurred During Negotiations In Comparative Perspective, Luigi Russi

Luigi Russi

Pending negotiations for a contract, one party may begin to incur expenses in fulfilment of the proposed economic operation in anticipation of the finalisation of a formal contract, which is a common practice in many settings, from building and lease contracts to contracts for services in general. This book, therefore, focuses on controversies that may arise when an expected contract collapses after one party withdraws from negotiations, with an ensuing attempt to determine what liability, if any, the withdrawing party should face regarding expenses incurred by the other. The laws of England and Italy, along with several non-legislative codifications – …

A Tiny Heart Beating: Student-Edited Legal Periodicals In Good Ol' Europe, Luigi Russi, Federico Longobardi

Luigi Russi

This paper has a twofold aim: to analyze the possible opportunities disclosed by the observed growth of student- dited law reviews in Europe and to propose an innovative model of student participation to legal publication.

The first part explores the phenomenon of student-edited law reviews in the U.S., focusing on its recognized educational benefits. Among others, it is observed that participation in student-edited law reviews might promote greater scholarly maturity among J.D. students, who might in turn be better equipped for a career in the academia after finishing law school, in comparison to their same-age European peers. Hence, there follows …

Substance Or Mere Technique? A Precis On Good Faith Performance In England, France And Germany, Luigi Russi

Luigi Russi

This paper attempts to offer a concise discussion of good faith performance and other functionally equivalent doctrines in the laws of England, Germany and France. The study’s goal is that of appraising the consistency of existing differences. More specifically, of whether they relate merely to technique - not being paralleled by diverging final outcomes - or whether the rift is deeper and goes to the very substance of the approach to the solution of similar practical problems. For this purpose, the work first shows the close connection between good faith performance (of contractual obligations) and good faith enforcement (of contractual …

Chronicles Of A Failure: From A Renegotiation Clause To Arbitration Of Transnational Contracts, Luigi Russi

Luigi Russi

The present paper recounts the various steps which parties to a transnational contract containing a renegotiation clause may need to go through, should the circumstances accounted for in the renegotiation clause come to existence. To this end, the article sets off from an outline of the most relevant structural features and functions of renegotiation clauses, and of the typical obligations which may derive therefrom.

Secondly, the paper’s focus narrows down to the – by no means infrequent – case of failure to renegotiate in presence of an arbitration clause governing the parties’ agreement. In the latter case, in particular, several …

Fairness In Contractual Relations: An Economic-Oriented Understanding Of Good Faith Performance, Luigi Russi

Luigi Russi

This is a derivative version of 'Can Good Faith Performance Be Unfair? An Economic Framework for Understanding the Problem', which appeared in the Whittier Law Review, vol. 29, 2008. In comparison to the version therein published, I have eliminated the mathematical appendix, and attempted to outline my reasoning exclusively in words, for it to be accessible to a wider readership.