ILSU Working Paper No. 2008-13/EN
by MARCO BASSINI

The paper contains an analysis of the efforts undertaken by the Italian legislator in the last few decades – spurred also by the enactment of European directives on the matter – to establish a progressively more precise, but ultimately stratified and precarious, regulatory framework with respect to a phenomenon [...]

ILSU Working Paper No. 2008-12/EN
by LUIGI RUSSI & FEDERICO LONGOBARDI

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., [...]

ILSU Working Paper No. 2008-11/EN 
(forthcoming in Connecticut Journal of International Law, vol. 24, 2008 )
by 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 [...]

ILSU Working Paper No. 2008-10/IT
by VALERIO SANGIOVANNI

The paper presents a detailed commentary on the regulation introduced in Italy by Art. 37 of Legislative Decree No. 5/2003, concerning the resolution of conflicts arising with respect to a company’s management. In particular, the work sets off by defining key terms, and later progresses by delving into every [...]

ILSU Working Paper No. 2008-09/EN (forthcoming in Valparaiso University Law Review, vol. 43, 2008)
by CHRISTOPHER M. PARDO

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. [...]

ILSU Working Paper No. 2008-08/IT
by MATTEO MATTIONI

This paper analyses the nature of Herbert L. A. Hart’s legal theory – that is the meta-cognitive aspect of his analytical jurisprudence – with reference to his last, unfinished writing (the Post-script to his Concept of Law, posthumously published in 1994) and to the recent, doubtful reply coming from [...]

ILSU Working Paper No. 2008-07/IT
by VALENTINA MISCIA

The present work aims to provide an overview on the regulation of covered bonds which is in force in some European countries (Germany, France and Spain), and then to deeply analyze the recently-enacted Italian regulation. After a brief introduction on what covered bonds are, an insight into Law no.130, [...]

ILSU Working Paper No. 2008-06/EN (forthcoming in Campbell Law Review, vol. 31, 2008 )
by PAOLA PELLINI & LUIGI RUSSI

The paper has been removed, due to extensive modifications being performed by the authors to update the piece to more recent cases.

ILSU Working Paper No. 2008-05/IT
by LUIGI RUSSI & MATTEO MATTIONI

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 [...]

ILSU Working Paper No. 2008-04/IT
by JACOPO BUSNACH RAVENNA

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 [...]