Law Commons^™

Il Regolamento Ce 593/2008 Sulla Legge Applicabile Alle Obbligazioni Contrattuali (“Roma I”) – Ovverosia Una Grande Occasione Perduta, Michael Joachim Bonell

Bocconi Legal Papers

Con l'approvazione del Regolamento 593/2008 nello stesso momento in cui, in Europa viene pubblicata la versione definitiva del DCFR, vera e propria codificazione del diritto europeo dei contratti e delle obbligazioni contrattuali ed extracontrattuali, e a livello mondiale UNCITRAL avalla formalmente i Principi UNIDROIT dei contratti commerciali internazionali; il legislatore comunitario è intervenuto con una presa di posizione di netta chiusura verso gli strumenti di soft law. Il Regolamento 593/2008 sulla legge applicabile alle obbligazioni contrattuali esclude infatti la facoltà delle parti di scegliere quale lex contractus principi e regole non statuali, compromettendo seriamente la diffusione di questi strumenti quanto …

World Law Vs Global Law: Legal Models For The World Economy. A Non-Western Approach To Law And Adr As A Resource For South-South, South-East Business Relations, Ignazio Castellucci

Bocconi Legal Papers

The following paper aims to foster the development and use of alternative legal models which can be employed in the modern world economy. The positive aspects, which indeed may prove very useful in transnational economic activities, of such alternative models will be revealed through the comparison of the globally widespread common law models with other legal models sprouting outside the western legal tradition.

The main focus of this paper is on those models which have developed from China?s relations with other developing countries, especially with African ones; however, many discourses made and issues mentioned might well be adaptable to other …

Global Law And Plunder: The Dark Side Of The Rule Of Law, Ugo Mattei, Marco De Morpurgo

Bocconi Legal Papers

The ‘rule of law’ has traditionally been conceived as an intrinsically positive and politically neutral ‘tool’, universally valid and capable of being ‘exported’ everywhere. This paper—which represents a synthetic exposition of the ideas expressed in Ugo Mattei and Laura Nader, Plunder: When the Rule of Law is Illegal (Blackwell Publishing, Oxford 2008)—asserts that such an ambiguous concept has a bright and a dark side, the latter being excluded from any public discussion. The rhetoric of the ‘rule of law’ has been used by Western powers in order to justify interventions (mainly) into the ‘developing’ world, that ultimately turned into practices …

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

Bocconi Legal Papers

This paper has a twofold aim: to analyze the possible opportunities disclosed by the observed growth of student- edited 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 …

Driving Off The Face Of The Fourth Amendment: Weighing Caballes Under The Proposed 'Vehicular Frisk' Standard, Christopher M. Pardo

Bocconi Legal Papers

This paper explores and explains the socioeconomic and racial effects of the U.S. Supreme Court’s Caballes decision. While society charges law enforcement with eliminating illegal drug activity, the Fourth Amendment rights of every American citizen must also be respected. In Caballes, the Supreme Court held that a dog-sniff does not constitute a Fourth Amendment search, so probable cause is not needed to examine a citizen’s vehicle using a drug dog. While Caballes may be effective in helping police battle a burgeoning drug trade, as it allows police to walk a drug-detection dog around any lawfully stopped vehicle, it also creates …

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

Bocconi Legal Papers

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 …

Punish Or Deter? Theoretical Issues And Judicial Cases On Punitive Damages, Paola Pellini

Bocconi Legal Papers

This paper presents an overview of the two fundamental purposes of punitive damages (deterrence and punishment) and their balancing in courts’ decisions. According to the first rationale, punitive damages should in fact be imposed when deterrence would otherwise be inadequate because of the possibility that injurers might escape liability. In particular, punitive damages should be set at a level such as to confront potential injurers with the total social cost of their actions, something that is achieved when their damage payments will, on average, equal harm. For this purpose, an overview is presented of the “multiplier formula,” as introduced in …

Implicit Premises: Structure Of The Law And Extralegal Formant In Italy, Luigi Russi, Matteo Mattioni

Bocconi Legal Papers

The paper - a revision of ILSU Working Paper No. 2008-01/IT - aims to schematically illustrate and clarify the logical categories according to which it is hypothesized that the extralegal formant - law practitioners - of a specific civil law jurisdiction - Italy - logically understand the unity and functioning of their legal system. According to the working hypothesis, the logical categories described in the paper should provide an illustration of the formal framework of reference which Italian jurists resort to, for the purpose of justifying their arguments about the law. Hence, the analysis carried out in the paper should …

New Perspective On Market Abuse: Outsider Trading As An Outlawed Conduct, Jacopo Busnach Ravenna

Bocconi Legal Papers

The following paper illustrates how the Market Abuse Directive 2003/6/EC has backed up previous legislation by contemplating a new form of outlawed behaviour which an outsider may carry out by exploiting her informative advantage. After a general analysis of the features of such conduct, relevant for both criminal and administrative law, its main characteristics are underlined in a comparative perspective with US law. A schematic outline of the most critical analyses on outsider trading regulation is also carried out. The paper eventually deals with two controversial applications of the rules under Italian decree 58/1998, recently modified.

Note: downloadable document is …