Bocconi Sch. L. Student-Ed. Papers, No. 2011-02/IT by MICHAEL JOACHIM BONELL 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 [...]

Bocconi Sch. L. Student-Ed. Papers, No. 2011-01/EN by IGNAZIO CASTELLUCCI 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 [...]

Bocconi Sch. L. Student-Ed. Papers, No. 2009-09/EN (published in Bocconi Sch. L. Student-Ed. Papers (ed), Law & Globalization (VDM Publishing 2009)) by BASIL SALMAN This paper looks at Professor William Twining’s vision for comparative law in the face of globalization, through the lens of the German philosopher Friedrich Nietzsche. Twining’s recent work highlights the potential [...]

Bocconi Sch. L. Student-Ed. Papers, No. 2009-03/EN (published in Bocconi Sch. L. Student-Ed. Papers (ed), Law & Globalization (VDM Publishing 2009)) by UGO MATTEI & MARCO DE MORPURGO 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 [...]

ILSU Working Paper No. 2008-12/EN (published in German Law Journal, vol. 10, 2009) 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 [...]

ILSU Working Paper No. 2008-11/EN  (published 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 [...]

ILSU Working Paper No. 2008-09/EN (published 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 [...]

ILSU Working Paper No. 2008-06/EN by PAOLA PELLINI 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 [...]

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 – [...]

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 [...]