Ugo Mattei Institutionalizing the Commons: an Italian Primer
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The Global Legal Standards Report Giuseppe Mastruzzo, Ugo Mattei, Edoardo Reviglio
The Global Legal Standards Report Giuseppe Mastruzzo, Ugo Mattei, Edoardo Reviglio To cite this version: Giuseppe Mastruzzo, Ugo Mattei, Edoardo Reviglio. The Global Legal Standards Report. 2009. hal-00405054 HAL Id: hal-00405054 https://hal.archives-ouvertes.fr/hal-00405054 Submitted on 20 Dec 2011 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Global Jurist The Global Legal Standards Report Volume 9, Issue 3 2009 Article 1 AT THE END OF THE END OF HISTORY.GLOBAL LEGAL STANDARDS.PART OF THE SOLUTION OR PART OF THE PROBLEM? Executive Summary - IUC Independent Policy Report: At the End of the End of History IUC Global Legal Standards Research Group∗ ∗International University College of Turin, legal [email protected] Recommended Citation IUC Global Legal Standards Research Group (2009) “Executive Summary - IUC Independent Pol- icy Report: At the End of the End of History,” Global Jurist: Vol. 9: Iss. 3 (Global symposium), Article 1. Available at: http://www.bepress.com/gj/vol9/iss3/art1 Copyright c 2009 The Berkeley Electronic Press. All rights reserved. Executive Summary - IUC Independent Policy Report: At the End of the End of History∗ IUC Global Legal Standards Research Group Abstract This is the executive summary of the “IUC Independent Policy Report: At the End of the End of History - Global Legal Standards: Part of the Solution or Part of the Problem?,” an Independent Policy Report prepared by a group of lawyers at the International University College of Turin. -
Fernanda Nicola
October 2009 FERNANDA GIORGIA NICOLA [email protected] tel. +1- 2022744417 Assistant Professor of Law Washington College of Law, American University Washington, DC 20016 Education 2009 S.J. D. Degree, Harvard Law School, Cambridge (MA) Fields: Local Government Law (Professor Gerald E. Frug, HLS); Comparative Law (Professor Duncan Kennedy, HLS); EU Law (Professor Daniela Caruso, BU); Tort Law & Behavioralism (Professor Jon Hanson, HLS) thesis title: Decentralization and Harmonization in the Construction of Europe 2006 P.h.D. in Comparative Private Law, March 2006, Trento University (Italy) under the supervision of Professor Michele Graziadei, thesis title: Legitimation, Reception and Distribution in the Europeanization of Private Law. 2002 LL.M. Degree, Harvard Law School, Cambridge, MA (degree waived, requirements completed). 2000 Laurea in Legge (Law degree) University of Turin, Law School Cumulative Grade 107/110, thesis title: The Place and Performance of Monetary Obligations in Private International Law, supervisor: Professor Michele Graziadei. 1997 Postgraduate International Trade Law, European University Institute of Turin in collaboration with the I.L.O. Training Centre (Turin); http://tradelaw.iuse.it/ 1996 Laurea in Scienze Politiche (B.A. in Political Sciences), University of Turin Cumulative Grade 107/110, thesis title: The Russian Federation entering the Council of Europe: A Challenge for Human Rights. Supervisor: Professor Umberto Morelli. 1996 Certificat d’Etudes Politiques in International Relations, Institut d’Etudes Politiques, Sciences Politiques, Strasbourg (France). 1996 Academy of European Law, European University Institute of Florence (E.U.I.), EC law and European Human Rights. Publications 2009 Promises of Accession: The Asymmetrical Trade Relationship between Turkey and the EU, 24 AMERICAN UNIV. -
Italy: "Foreign Tax Policies and Economic Growth"
This PDF is a selection from an out-of-print volume from the National Bureau of Economic Research Volume Title: Foreign Tax Policies and Economic Growth Volume Author/Editor: NBER and The Brookings Institution Volume Publisher: NBER Volume ISBN: 0-87014-470-7 Volume URL: http://www.nber.org/books/unkn66-1 Publication Date: 1966 Chapter Title: Italy: "Foreign Tax Policies and Economic Growth" Chapter Author: Francesco Forte Chapter URL: http://www.nber.org/chapters/c1543 Chapter pages in book: (p. 165 - 206) Italy FRANCESCO FORTE UNIVERSITY OF TURIN I. POSTWAR ECONOMIC GROWTH The postwar economic growth of Italy has been remarkable com- pared with that of other industrialized countries, as well as with that of most previous periods in Italian economic history. Between 1951 and 1962, Italy's national income increased at a rate of about 6 per cent per annum in current lire, and the country's growth rate both in real and in per capita terms was almost as high. Prices were relatively stable through 1961; wholesale prices did not change, while retail prices rose only moderately. Population rose by only 6.5 per cent from 1951 to 1961, mainly as a result of a continuous re- duction in the mortality rate, owing to better sanitary conditions, to social assistance, and to an improved standard of living. This high and steady growth rate combined with reasonably sta- ble prices may suggest that the growth process has been essentially sound and that it has been supported by a good tax system and fa- vorable tax policies. This is not so. -
Uef-Spinelli Group
UEF-SPINELLI GROUP MANIFESTO 9 MAY 2021 At watershed moments in history, communities need to adapt their institutions to avoid sliding into irreversible decline, thus equipping themselves to govern new circumstances. After the end of the Cold War the European Union, with the creation of the monetary Union, took a first crucial step towards adapting its institutions; but it was unable to agree on a true fiscal and social policy for the Euro. Later, the Lisbon Treaty strengthened the legislative role of the European Parliament, but again failed to create a strong economic and political union in order to complete the Euro. Resulting from that, the EU was not equipped to react effectively to the first major challenges and crises of the XXI century: the financial crash of 2008, the migration flows of 2015- 2016, the rise of national populism, and the 2016 Brexit referendum. This failure also resulted in a strengthening of the role of national governments — as shown, for example, by the current excessive concentration of power within the European Council, whose actions are blocked by opposing national vetoes —, and in the EU’s chronic inability to develop a common foreign policy capable of promoting Europe’s common strategic interests. Now, however, the tune has changed. In the face of an unprecedented public health crisis and the corresponding collapse of its economies, Europe has reacted with unity and resolve, indicating the way forward for the future of European integration: it laid the foundations by starting with an unprecedented common vaccination strategy, for a “Europe of Health”, and unveiled a recovery plan which will be financed by shared borrowing and repaid by revenue from new EU taxes levied on the digital and financial giants and on polluting industries. -
Note to Users
NOTE TO USERS The original manuscript received by UMI contains broken, slanted and or light print. All efforts were made to acquire the highest quality manuscript from the author or school. Pages were microfilmed as received. This reproduction is the best copy available UMI COMMUNITARIAN LOYALTIES IN A BORDERLESS WORLD: GLOBALlZATlON AND POLITICAL ALLEGJANCES IN BELGIUM, CANADA AND ITALY Livianna Stephanie Tossutti A thesis submitted in conformity with the requirements for the degree of Ph.D. Graduate Department of Political Science University of Toronto O Copyright by Livianna Stephanie Tossutti (1998) National Library Bibliothèque nationale of Canada du Canada Acquisitions and Acquisitions et Bibliographic Services services bibliographiques 395 Wellington Street 395. nie Wellington Ottawa ON K1A ON4 Onawa ON KI A ON4 Canada Canada The author has granted a non- L'auteur a accordé une ticence non exclusive licence allowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or seil reproduire, prêter, disîribuer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic fonnats. la forme de microfiche/film, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or othecwise de celle-ci ne -
Jury Trials in Japan Robert M
Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 3-16-2005 Jury Trials in Japan Robert M. Bloom Boston College Law School, [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/lsfp Part of the Law and Society Commons Recommended Citation Robert M. Bloom. "Jury Trials in Japan." Loyola of Los Angeles International and Comparative Law Review 28, no.1 (2005): 35-68. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. JURY TRIALS IN JAPAN 1 Robert M. Bloom INTRODUCTION In the late 1980s, I hosted a group of Japanese lawyers and judges from the Osaka Bar Association Committee for Judicial System Reform, 2 a group interested in observing the jury system in the United Sta tes. I took them to the Massachusetts Superior Court 3 where they could observe jury trials. From the discussions I had with the visitors, it was clear that they were keenly interested in the concept of citizen participation in the legal process . Japan’s c ommitment to democracy has flourished for 60 years, and is enshrined in the preamble of its post -World War II 4 Constitution: “Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by * Professor of Law Boston College Law School 1 Au thor wishes to thank Franklin Schwarzer, Arielle Simon and Ben Steffans, students in the class of 2006 at Boston College Law School. -
NON-GOVERNMENTAL ORGANIZATIONS AS AMICI CURIAE in INTERNATIONAL LAW-MAKING a Dissertation Presented To
GLOBAL LAW ENTREPRENEURS: NON-GOVERNMENTAL ORGANIZATIONS AS AMICI CURIAE IN INTERNATIONAL LAW-MAKING A Dissertation Presented to the Faculty of the Graduate School of Cornell University in Partial Fulfillment of the Requirements for the Degree of Doctor of the Science of Law by Anna Dolidze August 2013 © 2013 Anna Dolidze GLOBAL LAW ENTREPRENEURS: NON-GOVERNMENTAL ORGANIZATIONS AS AMICI CURIAE IN INTERNATIONAL LAW-MAKING Anna Dolidze, J.S.D. Cornell University 2013 Increased participation of non-governmental organizations (NGOs) in international lawmaking is hardly questioned in scholarship. NGOs use different means to affect international lawmaking, including acting as complainants and providing legal advice to the petitioners. However, in what particular way do NGOs influence international lawmaking? The dissertation answers this question by examining how NGOs utilize the procedural instrument of amicus curiae intervention before international tribunals. The dissertation shows that amicus curiae interventions by NGOs have become commonplace in international adjudication. In general, amicus curiae participation procedure serves as a legitimacy-enhancing mechanism for international tribunals. Scholars agree that in order to maintain legitimacy the international tribunals must stay cognizant of the values and preferences of stakeholders. Amicus intervention procedure is one of the mechanisms through which tribunals gather information about the values and attitudes of constituencies and communities subject to their lawmaking. Moreover, NGOs as amicus interveners act as “global law entrepreneurs”: they provide the tribunals with information as well as continuously support international lawmaking and advocate for its expansion. BIOGRAPHICAL SKETCH Anna Dolidze is an Assistant Professor of Law at the University of Western Ontario. Dolidze's research interests are in international law, human rights, and law and development. -
MAMLYUK Assistant Professor of Law University of Memphis Cecil C
BORIS N. MAMLYUK Assistant Professor of Law University of Memphis Cecil C. Humphreys School of Law 1 North Front Street Memphis, TN 38103 USA (901) 678-2202 (office) [email protected] September 10, 2016 WEB Profile: http://www.memphis.edu/law/facultystaff/bio/mamlyuk.php SSRN: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1541890 Blogs: http://cjicl.org.uk/author/borismamlyuk/ http://www.huffingtonpost.com/boris-mamlyuk/ PROFESSIONAL EXPERIENCE University of Memphis, Cecil C. Humphreys School of Law (Memphis, TN) — Assistant Professor of Law (Tenure-track): Aug. 2011 – present Courses: Contracts; Public International Law; International Business Transactions; Comparative Law; Sales (Spring 2012). Harvard Law School (Cambridge, MA) — Junior Faculty, Institute for Global Law & Policy (IGLP): Jan. 2015 Co-convenor of comparative law stream reading discussion group for Ph.D. and post-doctoral participants; Provide institutional teaching and support for select institutional events. Ohio Northern University, Pettit College of Law (Ada, OH) — Visiting Assistant Professor of Law: Aug. 2010 – July 2011 Courses: Administrative Law; Law of International NGOs; Rule of Law Seminar; Jurisprudence Cornell Law School (Ithaca, NY) — Visiting Scholar: 2007 – 2008; 2009 – 2010 — J.S.D. Candidate: (2010 – 2014) Conducted original research; organized and participated in graduate legal studies research colloquia and graduate conferences; Int’l Law Editor (Wex, Cornell Legal Information Institute [LII]); Organized Keynote Lecture: “Popular Constitutionalism Abroad,” Sen. Mike Gravel, Spring 2008; Organizer: Inter-university graduate law student conference (Spring 2010). State University, Higher School of Economics (Moscow, Russia) — Lecturer: Spring 2009 Seminars: Law and Civil Society; Contemporary Russian Law & Politics Mamlyuk – page 1 of 7 Columbia University, Harriman Institute (New York, NY) — Visiting Scholar: Spring 2008 Conducted archival research (John N. -
Legal Transplants and the Inoculation Effect. How American Criminal Procedure Has Affected Continental Europe
See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/310077501 Legal Transplants and the Inoculation Effect. How American Criminal Procedure Has Affected Continental Europe. Article in The American Journal of Comparative Law · November 2016 DOI: 10.1093/ajcl/avw004 CITATIONS READS 3 258 1 author: Elisabetta Grande Amedeo Avogadro University of Eastern Piedmont 53 PUBLICATIONS 124 CITATIONS SEE PROFILE Some of the authors of this publication are also working on these related projects: comparative law View project Legal Transplants in Criminal Procedure. View project All content following this page was uploaded by Elisabetta Grande on 02 January 2018. The user has requested enhancement of the downloaded file. ELISABETTA GRANDE* Legal Transplants and the Inoculation Effect: How American Criminal Procedure Has Affected Continental Europe† This Article is a critique of the widely held idea that European criminal procedures have been “Americanized.” During the last few de- cades, European continental criminal procedures underwent extensive reforms and the American adversary system often became the reference model for this overhaul. Nevertheless, this Article demonstrates that the transfer, rather than producing an actual diffusion of American legal institutions in Europe and making the European criminal proce- dure systems more adversarial, has resulted instead in its opposite— i.e., in the fortification of the non-adversary civilian structure and its tenets. It is my speculation that this occasioned what I propose to call an “inoculation effect,” which, in a Gramscian sense, is theoretically explainable as a “counterhegemonic” move. To prove my argument, I discuss the impact of some transferred features of American criminal procedure on the receiving Europe- an context. -
Table of Contents 1
CURRICULUM VITAE Richard Bellamy Table of Contents 1. Personal Details ..................................................................................................................... 3 2. Career .......................................................................................................................................... 3 I Education and General Academic Record ............................................................................ 3 II Academic Appointments .............................................................................................................. 4 III Visiting Appointments ................................................................................................................. 4 IV Other Positions ................................................................................................................................ 5 V Prizes and Honours ......................................................................................................................... 5 3. Publications .............................................................................................................................. 6 I Books ........................................................................................................................................................ 6 a) Monographs ........................................................................................................................................ 6 b) Edited Books and Journal Special Issues ........................................................................... -
From Scandalous Verdicts to “Suicidal Sentences”: the Reform of the Courts of Assize Under the Fascist Regime
STUDIA IURIDICA LXXX Claudia Passarella University of Padova ORCID: 0000-0002-3795-2879 FROM SCANDALOUS VERDICTS TO “SUICIDAL SENTENCES”: THE REFORM OF THE COURTS OF ASSIZE UNDER THE FASCIST REGIME THE JURY TRIAL IN ITALIAN CRIMINAL JUSTICE As Tamas Antal points out, in Europe “the golden age of the criminal jury was in the second part of the 19th century”1. Italy was no exception. Jury trial was introduced in the Italian peninsula in 1848 for crimes related to the press; 11 years later, however, it was extended to other serious crimes. The participation of laypersons in criminal cases was considered a bulwark of free- dom: jurors voiced the popular opinion, while professional judges provided the necessary legal knowledge. No significant changes were brought in 1865 by the first Italian code of criminal procedure2. The reference model for the Italian legislator was the French jury: jurors did not have to pronounce a “guilty” or “not guilty” verdict, but rather answer “yes” or “no” to a series of questions that the president of the court read to them at the end of the trial. Lay judges had to evaluate the crime without considering the legal implications of their decision. After deliberation, the professional magis- trates pronounced a sentence in favour or against the defendant in accordance with the jury’s verdict. On June 1874 the legislator approved a deeply innovative reform in order to overcome some deficiencies of the system. This reform, which represented an important turning point in the Italian history of the jury trial, changed the require- ments for jurors, modified the procedure involved in preparing the lists of the 1 T. -
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JOBNAME: Mattei PAGE: 10 SESS: 5 OUTPUT: Mon Oct 26 12:12:21 2015 Contributors EDITORS John D. Haskell is Associate Professor in Law at Mississippi College School of Law and a junior faculty member for the Harvard Law School Institute for Global Law and Policy (IGLP), USA. Ugo Mattei is Alfred and Hanna Fromm Professor of International and Comparative Law at the University of California, Hastings College of the Law, USA, Professor of Civil Law at the University of Turin, the Academic Coordinator of the International University College of Turin (IUC), Italy, and led the successful 2011 national referendum in Italy to recognize water as a common. CONTRIBUTORS Antonio Andreoni is Lecturer in Economics at the School of Oriental and African Studies (SOAS), Research Fellow at the Centre for Science, Technology and Innovation Policy at the University of Cambridge Institute for Manufacturing, UK and Coordinator of the Babbage Industrial Policy Network. Grietje Baars is Lecturer in Law at City University London, UK and a junior faculty member for the Harvard Law School Institute for Global Law and Policy (IGLP), USA. Saki Bailey is Lecturer in Human Rights and International and Foreign Research at the International University College of Turin (IUC), Italy. Bill Bowring is Professor of Law at Birkbeck, University of London, Fellow of the Human Rights Centre at the University of Essex, Senior Research Fellow at the Institute of Advanced Legal Studies, UK and President of the European Association of Lawyers for Democracy and Human Rights. Timothy A. Canova is Professor of Law and Public Finance at Nova Southeastern University Shepard Broad Law Center, USA.