Comparative Law

A Tiny Heart Beating: Student-Edited Legal Periodicals in Good Ol’ Europe

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., [...]


Chronicles of a Failure: From a Renegotiation Clause to Arbitration of Transnational Contracts

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 [...]


Driving Off the Face of the Fourth Amendment:
Weighing Caballes Under the Proposed ‘Vehicular Frisk’ Standard

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. [...]


Punish or Deter? Theoretical Issues and Judicial Cases on Punitive Damages

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.


Implicit Premises: Structure of the Law and Extralegal Formant in Italy

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 [...]


New Perspective on Market Abuse: Outsider Trading as an Outlawed Conduct

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 [...]


Implicit Premises: Structure of the Law and Extralegal Formant in Italy

ILSU Working Paper No. 2008-01/IT (revised by ILSU Working Paper No. 2008-05/IT)
by LUIGI RUSSI

Abstract removed. Please check the revised version of this paper.