15 April 2010

REMINDER - CALL FOR PAPERS: THE WORLD SOCIETY OF MIXED JURISDICTION JURISTS

The World Society of Mixed Jurisdiction Jurists has issued a Call for Papers for its Third International Congress (20-23 June 2011, Hebrew University of Jerusalem (Israel)). Proposals are due Saturday, 1 May 2010.

The theme of the Congress is 'Methodology and Innovation in Mixed Legal Systems':


Mixed legal systems, both the classical ‘mixed jurisdictions’ combining common law and civilian law and more exotic hybrids, are increasingly important touchstones for comparative law. The Third Congress of the World Society of Mixed Jurisdiction Jurists focuses on legal methodology and innovation in mixed systems in the twenty‐first century: investigating past experiences, exploring present practices, and predicting future possibilities.

Proposals for papers on any of a number of topics are welcome. They may be submitted by jurists from any jurisdiction, and by members and non-members of the Society alike. Proposals should be submitted to the Secretary-General of the Society, Prof. Celia Fassberg (mscelia@mscc.huji.ac.il) by 1 May 2010. They should not exceed 500 words and should be accompanied by a curriculum vitae of one page only. The Planning Committee will make its selection by 1 August 2010. The time allocated for delivery of papers will be no longer than 20 minutes. Papers delivered at the conference will be considered for publication in the conference proceedings. The Society regrets that it cannot guarantee publication of all papers delivered and cannot cover travel expenses of participants in the Congress.

12 April 2010

NOTICE: SSRN e-Journals

Various SSRN e-Journals have announced new articles. A few that might be of interest include:

Comparative Law e-Journal

The State Management of Legal and Cultural Diversity in Canada
Jean-François Gaudreault-DesBiens, University of Montreal - Centre de recherche en droit public

Tribal Citizen Participation in State and National Politics: Welcome Wagon or Trojan Horse
Michael D. Oeser, University of Wisconsin Law School

Constitutionalism, Legal Pluralism, and International Regimes
Alec Stone Sweet, Yale Law School and Yale Political Science
(also in Law, Institutions & Development e-Journal)

Law & Humanities e-Journal

The Intellectual Properties of Geography
Dwijen Rangnekar, University of Warwick - School of Law

Law, Norms & Informal Order e-Journal

Disrupted Attachments: A Social Context Complex Trauma Framework and the Lives of Aboriginal Peoples in Canada
Lori Haskell, University of Toronto - Department of Psychiatry
Melanie Randall, Faculty of Law, UWO
Dear Colleagues
I hope you find useful to have the links to the new issue of OPINIO JURIS in COMPARATIONE. once again we look forward to host contribution from our Juris Diversitatis group.
If you have problems to read the post, please let me know.
With my bests
ciao
Giovanni


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Table of Contents

Opinio Juris in Comparatione Vol. 1/2010

Opinio Juris Comparatione Submitter, LIDER-Lab, Scuola Superiore Sant'Anna

What Price for the Community Enforcement of WTO Dispute Settlement Body’s Rulings?

Sara Poli, University of Southampton
Alessandra Arcuri, Erasmus University Rotterdam (EUR) - Erasmus School of Law

Financial Contracts and ‘Junk Bonds’ Purchases in the Italian Legal System: A Matter of (In)Correct Disclosure

Cristina Amato, University of Brescia

Legal Education in Italy

Vittoria Barsotti, University of Florence
Vincenzo Varano, University of Florence

Italian Report on Insurance Law between Business Law and Consumer Law

Onofrio Troiano, affiliation not provided to SSRN
Diana Cerini, Universit� degli Studi di Milano-Bicocca
Maria Gagliardi, Scuola Superiore Sant'Anna
Giovanni Comand�, LIDER-Lab, Scuola Superiore Sant'Anna



LSN LAW RESEARCH CENTERS PAPERS
OPINIO JURIS IN COMPARATIONE
(STUDIES IN COMPARATIVE & NATIONAL LAW, ETUDES DE DROIT COMPARE
ET NATIONAL, ESTUDIOS DE DERECHO COMPARADO Y NACIONAL)

"Opinio Juris in Comparatione Vol. 1/2010" Free Download


Opinio Juris in Comparatione, Vol. 1/2010

OPINIO JURIS COMPARATIONE SUBMITTER, LIDER-Lab, Scuola Superiore Sant'Anna
Email:

Contents/Sommaire/Sumario


Articles/Articles/Art�culos

Paper n. 1, pp. 1 - 46

Alessandra Arcuri and Sara Poli
What price for the community enforcement of WTO dispute settlement
body’s rulings?



Essays/Essais/Ensayos

Paper n. 2, pp. 1 - 20

Cristina Amato
Financial Contracts And ‘Junk Bonds’ Purchases in the Italian Legal System:
A Matter of (In)Correct Disclosure


Conference Proceedings/Rapports des conf�rences/Reportes des conferencias

Paper n. 3, pp. 1 - 16

Vittoria Barsotti and Vincenzo Varano
Legal Education In Italy

Paper n. 4, pp. 1 - 35

Onofrio Troiano, Diana Cerini, Giovanni Comand� and Maria Gagliardi
Italian report on Insurance law between business law and consumer law


News/Annonces /Noticias
Comparative Health Care Liability and Regulation:
A Technology-Based Approach – International Summer School
Pisa, Italy 24th – 4th June 2010

New Frontiers of Pharmaceutical Law - Young Researchers Workshop
Lecce, Italy, 6th and 7th of May 2010

"What Price for the Community Enforcement of WTO Dispute Settlement Body’s Rulings?" Free Download


Opinio Juris in Comparatione, Vol.1/2010, Paper No. 1

SARA POLI, University of Southampton
Email:
ALESSANDRA ARCURI, Erasmus University Rotterdam (EUR) - Erasmus School of Law
Email:

Under the World Trade Organization (WTO) legal framework, when a violation is deemed to occur, Members have recourse to a quasi-automatic dispute settlement system. If the breach persists after the WTO Dispute Settlement Body (DSB) has adopted a ruling, Members hurt by the illegal measures can be authorized to retaliate against the scofflaw Member. Rights and obligations are, thus, centrally enforced within the WTO. The object of this article is the decentralized enforcement of WTO law, and more precisely of DSB rulings through the ECJ. The aim is to explore whether it is in the Community (EC) as well as in the WTO’s interests to ensure that these acts are enforced before the Luxembourg Courts. Notoriously, the European Courts have been resistant to Community enforcement of DSB’ rulings. Unlike many legal commentators that have criticized the European Courts, we conclude that the approach of the Courts is justified both from a purely legal standpoint and from a Law and Economics perspective. In relation to the latter, we develop a theoretical framework, building on Calabresi and Melamed’s ‘Cathedral’, and show that the Community enforcement of DSB’s decisions bears costs that outweigh the benefits.

"Financial Contracts and ‘Junk Bonds’ Purchases in the Italian Legal System: A Matter of (In)Correct Disclosure" Free Download


Opinio Juris in Comparatione, Vol.1/2010, Paper No. 2

CRISTINA AMATO, University of Brescia
Email:

The essay is concerned with the protection of investors against purchases of ‘junk bonds’. As financial transactions are characterized by inherent risk, contractual unconscionability is not the relevant legal issue to be dealt with. The argument submitted by the author is therefore that protection of purchasers of financial products should focus of the nature and consequences deriving from liability triggered by reliance on negligent misstatements concerning economic information which induces investors to purchase ‘junk bonds’. Moreover, as the complex process underlying the issue and placement of financial securities involves the contribution of different professionals, their different roles should be reflected in a gradated liability scale covering each player contributing to the provision of these financial products. The conclusion is that civil liability remedies do not necessarily provide the only possible answer for the protection of investors: in addition, alternative remedies subsequent to the occurrence of damages (i.e., stricter criminal penalties), or preventive measures (such as applicable rules of conduct), as well as collateral sanctions (reputational risks), or new powerful procedural tools (class actions) may be able to support and protect investors more effectively than simple civil liability rules.

"Legal Education in Italy" Free Download


Opinio Juris in Comparatione, Vol.1/2010, Paper No. 3

VITTORIA BARSOTTI, University of Florence
Email:
VINCENZO VARANO, University of Florence
Email:

This article examines the present situation of legal education in Italy. What becomes readily clear is that practical elements are almost totally absent from legal education, which remains largely theoretical. Though some attempts have been made at making legal education more practical, it is only after graduation that students, by and large, will have to become familiar with the practical side of the law.

"Italian Report on Insurance Law between Business Law and Consumer Law" Free Download


Opinio Juris in Comparatione, Vol. 1/2010, Paper No. 4

ONOFRIO TROIANO, affiliation not provided to SSRN
DIANA CERINI, Universit� degli Studi di Milano-Bicocca
Email:
MARIA GAGLIARDI, Scuola Superiore Sant'Anna
Email:
GIOVANNI COMAND�, LIDER-Lab, Scuola Superiore Sant'Anna
Email:

This paper is the Italian report, sent to the 18th international congress on comparative law - Washington 2010, on the specific subject “Insurance law between business law and consumer law”. It consists of detailed answers to the questionnaire, on several topics among which economic aspects, academic perception of the field, procedural aspects, legislation, “consumer” and “commercial” risks, substantive aspects.

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Solicitation of Abstracts

Scope of the Series

Opinio Juris in Comparatione is a generalist electronic open platform devoted to "Studies in Comparative and National Law". It aims at enhancing the dialogue among all legal traditions in a broad sense.

The intend of diffusing contributions on national law as well and not only to focus on comparative issues, is to expand access to foreign legal materials and ideas to those who do not already have access to the traditional avenues (such as journals in the language of the explored legal system.

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and http://lider-lab.sssup.it/joomla/opinio-juris.

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Case notes shall not exceed 7.000 words and will focus on an important decision.
Selected Conference Proceedings, news and book reviews, overview of conferences, new books, etc. are welcomed as well.

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Directors

LAW RESEARCH CENTERS PAPERS

A. MITCHELL POLINSKY
Stanford Law School, National Bureau of Economic Research (NBER)
Email: polinsky@stanford.edu

BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, University of Texas at Austin - School of Law, McCombs School of Business, University of Texas at Austin, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-RES.

Advisory Board

Opinio Juris in Comparatione (Studies in Comparative & National Law, Etudes de Droit Compare et National, Estudios de Derecho Comparado y Nacional) Research Paper Series

FRANCESCO DONATO BUSNELLI
LIDER-Lab, Scuola Superiore Sant'Anna

GUIDO CALABRESI
Yale Law School

NICHOLAS KASIRER
McGill University - Faculty of Law

RODOLFO SACCO
Universita' di Torino

GERT BRUEGGEMEIER
University of Bremen - Faculty of Law

HUGH COLLINS
Professor of English Law, London School of Economics - Law Department

FERNANDO HINESTROSA
Universidad Externado de Colombia

EWOUD H. HONDIUS
University of Utrecht - Faculty of Law

DAVID LAMETTI
Associate Professor, McGill University - Faculty of Law

DAVID G. OWEN
University of South Carolina - School of Law

VERNON V. PALMER
Thomas Pickles Professor of Law, Tulane Law School

STEPHEN D. SUGARMAN
University of California, Berkeley - School of Law

GENEVIEVE VINEY
Universit� Paris I Panth�on-Sorbonne




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