University of Bologna Law Review最新文献

{"title":"The Transfer of Going Concern in Italy: Who Pays the Trade Debts?","authors":"G. Salatino","doi":"10.6092/ISSN.2531-6133/8417","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/8417","url":null,"abstract":"Article  2560,  paragraph  2,  of  the  Italian  Civil  Code  sets  forth  a  specific regulation  of  the  trade  debts  in  the  context  of  the  transfer  of  a  going  concern.  Such provision of law seems apparently clear. However, case law and the scholars show that its  actual  applicability  has  raised  several  issues  over  the  years.  This  paper  examines some of these issues, especially focusing on the interpretation followed by the majority of  case  law,  with  the  specific  aim  to  give,  once  for  all,  some  guidelines  to  the practitioners.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"3 1","pages":"142-151"},"PeriodicalIF":0.3,"publicationDate":"2018-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49329377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Term \"Local Authority\" in the European Charter of Local-Self Government: Different Meanings Lead to Different Implementation","authors":"S. Panasyuk","doi":"10.6092/ISSN.2531-6133/8415","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/8415","url":null,"abstract":"The article takes a critical look at the meaning of the term  “ local authority ” which is one of the main terms of the European Charter of Local-Self Government and considers  the question: “can the meaning of the term “ local authority ”  change the essence of local democracy in Europe?”.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"3 1","pages":"123-141"},"PeriodicalIF":0.3,"publicationDate":"2018-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43903463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bankruptcy in Turkey: A Comparative Study of Turkey’s Adjournment of Bankruptcy and the United States’ Chapter 11 Reorganization","authors":"Inan Uluc, K. Sutton, Mahmut Yavaşı","doi":"10.6092/ISSN.2531-6133/7291","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/7291","url":null,"abstract":"To build and maintain economic fortitude, the paradigm of fiscal success remains steadfast for both developed and developing nations in one specific area: bankruptcy law. History shows that robust economies incorporate reliable bankruptcy codes into their legal schemes so that small and large businesses thrive. However, because of the influences of varied stimuli including worldviews, cultural values, and politics, not all bankruptcy laws are created equal in their respective effectiveness, fairness, and influence. For example, the current United States Bankruptcy Code, ratified after nearly one hundred years of Congressional repeals and re-enactments is today a comprehensive, well-established legal scheme that efficiently permits debtors of varied status to file under its assorted Chapters. The United States’ Code seeks to successfully balance the rights of all parties involved in a bankruptcy, while further reassuring that the honest debtor receives a ‘fresh start.’ To compare, the Turkish Execution and Bankruptcy Code is still evolving in its structure to better equalize the treatment of debtors and creditors. This comparative paper first looks to the Turkish Bankruptcy Code and how it evolved, specifically in the area of adjournment of bankruptcy. To compare and contrast these two diverse legal structures, the study first analyzes the impacts of the 2003 and 2016 amendments of Article 179 in the area of adjournment, then proceeds to assess the requirements an entity must adhere to when seeking adjournment, and finally concludes with an in-depth analysis and comparison of United States’ Chapter 11 with the Turkish adjournment of bankruptcy. Following the analysis of the two Codes, the study closes with the authors’ recommendations of how to improve Turkey’s adjournment of bankruptcy.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"3 1","pages":"64-122"},"PeriodicalIF":0.3,"publicationDate":"2018-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42084567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On Recent Changes to Life Imprisonment in the Context of the Gradual Reduction in the Use of the Death Penalty in China","authors":"H. Gui","doi":"10.6092/ISSN.2531-6133/8150","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/8150","url":null,"abstract":"China is improving its criminal law to gradually reduce the use of the death penalty, particularly in the Eighth and Ninth Amendments, and the law relating to the use of life imprisonment has also been changed in these two amendments, including upgrading it to the maximum punishment for those crimes from which the death penalty has been removed and reforming its termination mechanisms which include life imprisonment with possibility of release (LWPR) and without release (LWOR). In the light of this, following the introductory section, this paper will explore the upgrading of life imprisonment to the maximum punishment in these two amendments and analyze the reasons for this, which include the requirements of the proportionality principle, and the influence of the severe penalty doctrine, as well as political considerations. The paper will then examine the reforms carried out by the two amendments and relative judicial interpretations for the termination mechanism of life imprisonment on the basis of the conditions for its use as a sentence and its prevalence. Finally, the paper will make proposals for improving the current situation. These proposals include reducing the number of crimes punishable by life imprisonment and removing LWOR from the law, as well as explicitly defining applicable conditions.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"3 1","pages":"24-63"},"PeriodicalIF":0.3,"publicationDate":"2018-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42450654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The WTO's Special Safeguard Mechanism: An Indian Perspective on the Present Paradox","authors":"Saloni Khanderia","doi":"10.6092/ISSN.2531-6133/8112","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/8112","url":null,"abstract":"While liberalisation of trade and the progressive reduction of tariffs have led to significant welfare gains, these may be unfeasible for developing countries where a surge in imports could potentially be detrimental to realising the objective of food security through food self-sufficiency. Developing country members of the World Trade Organization (W.T.O.) have thus been proposing a ‘special safeguard mechanism’ (S.S.M.). This would permit them to impose measures in circumstances wherein there has been a surge or a decline in prices of agricultural imports, so as to negatively affect the livelihood and food security interests of these nations. These deliberations have gained momentum against the backdrop of the W.T.O.'s Agreement on Agriculture (A.o.A.), which came into force in the Uruguay Round negotiations. Consequently, the W.T.O.'s Sixth Ministerial Conference held in Hong Kong in 2005, endowed developing country members with the right to recourse to S.S.M.'s on account of import surges that could potentially expose its agricultural sector to increased shocks. Nonetheless, the lack of consensus as regards the precise modalities, particularly between the United States and India, resulted in a deadlock. Consequently, during the recent Nairobi Ministerial Conference in 2016, India vehemently opposed to proceeding with any further negotiations, and in particular, as regards the Agreement on Trade Facilitation (T.F.A.). India insisted that its internal mechanisms to support food security and public stockholding - being an issue of policy space should be left unhampered despite the present stipulations of the A.o.A., which pegs the same at 10% of the value of production. Accordingly, the mandate of S.S.Ms. assumed more significance in the Nairobi Ministerial Conference insofar as modalities on these would plausibly permit developing countries to increase tariffs on account of import surges on agricultural products – and thus safeguard their food security and livelihood concerns. S.S.Ms. negotiations have been particularly important for India in its endeavour to insulate its agricultural sector from import deluges that debilitate its livelihood and food security. Its success, however, depends on the ability of the W.T.O. Members to finally negotiate the modalities of this right, in the absence of which, it continues to remain a ‘lip service'. This paper, therefore, attempts to explore India's motivation in digging its heels on the S.S.M. issue, appreciating that the country's stand at the W.T.O. appears to be of vital importance to developing country Members with similar anxieties as regards the protection of livelihood and food security. It delineates parameters in these respects which could be workable keeping in mind the agricultural scenario in India.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"3 1","pages":"1-23"},"PeriodicalIF":0.3,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45217205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Brazilian Administrative Council for Economic Defense: an Approach from Sociology and History","authors":"M. Barros","doi":"10.6092/ISSN.2531-6133/7361","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/7361","url":null,"abstract":"This paper is a sociological and historical analysis of the Brazilian Administrative Council for Economic Defense - C.A.D.E. The main objective is to indicate that C.A.D.E. has become a reference for the development of the Brazilian System of Competition Defense due to institutional factors. I argue that a fundamental process of strengthening C.A.D.E.’s power was the institutional learning process incorporated at the structural level, which allowed the agency the ability to review its positions and constantly rebuild its structures and functions during different moments in Brazilian antitrust history. Besides the institutional learning, C.A.D.E. was also subject to different institutional influences over the past decades. A decisive moment was the 1990s when a national privatization program was carried out and the competitive protection system was articulated with regulated sectors and policies in Brazil. An important framework to understand these transformations are the systemic sociology of organizations and legal developmentalist literature. Both approaches – with different backgrounds – help to clarify that many institutions are derivative from previous ones, and that they are also embedded in certain operations related with society. In C.A.D.E.’s case, Brazil’s judiciary and executive branch played an important role in shaping the agency divisions and functions. The paper underscores four different moments of the agency: the Malaia law C.A.D.E.; the 1962 C.A.D.E. – a collegiate agency of the ministry of justice; the 1994 C.A.D.E. – an autonomous federal agency – and the new C.A.D.E. per the Antitrust Act. Finally, C.A.D.E.’s case confirms that the existence of previous institutions has become an indispensable assumption for their development in light of a continuous institutional learning process.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"2 1","pages":"114-148"},"PeriodicalIF":0.3,"publicationDate":"2017-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47477049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Etching the Borders of Arbitration Agreement: the Group of Companies Doctrine in International Commercial Arbitration under the U.S. and Turkish Law","authors":"Gizem Halis Kasap","doi":"10.6092/ISSN.2531-6133/7258","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/7258","url":null,"abstract":"In  the  21st  Century,  the  commerce  is  not confined  to the  boundaries  of  any single-nation  state.  Hence,  we  have  been  witness  to  the  transactions  and  disputes involving  multiple  parties  and  legal  systems.  Assuming  that  you  are  an  in-house counsel  in  an  MNE.  Do  you  ever  wonder  whether  the  parent  or  sister  companies' counsel  or  the  opposing  counsel  may  make  contact  with  you  about  the  arbitral proceedings  that  your  client  has  never  agreed  on  in  the  first  place?  Is  it  possible whether  the  non-signatory  parties  are  bound  by  or  benefit  from  the  arbitration agreement, and what could be the possible legal grounds given the doctrine of privity of contract? This article discusses one of these grounds, the group of companies doctrine, in  the  context  of  Turkish  and  US  legal  systems  comparatively  and  explores  its applicability in light of precedents.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"2 1","pages":"87-113"},"PeriodicalIF":0.3,"publicationDate":"2017-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41736189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Primer on the \"Bell Case Synthesis Method\" and a Lesson on Adult Child's Play","authors":"Angela A. Allen-Bell","doi":"10.6092/issn.2531-6133/7234","DOIUrl":"https://doi.org/10.6092/issn.2531-6133/7234","url":null,"abstract":"The ability to successfully discern and communicate the relevant aspects of a judicial  opinion  is  a  fundamental  skill  that  legal  professionals  must  have.  Despite  its importance,  many  in  the  legal  arena  lack  the  ability  to  effectively  demonstrate  this skill.  Needless to say, law students suffer from this same shortcoming.  After years of reading inadequate briefs submitted by lawyers and reviewing deficient submissions by law  students,  I  developed  an  original  case  synthesis  method.  This  method,  titled  the “Bell Case Synthesis Method,” teaches one how to select supporting cases and how to adequately explain the relevant aspects of selected cases. This original method has been tested for years and has proven to be quite valuable for memo and brief writing, as well as for the higher level thinking that is needed for success in law school and the practice of  law.  This  article  will  benefit  a  broad  audience,  including  lawyers,  law  students, paralegals,  law  clerks,  inmate  counsel  and  legal  educators.  In  addition,  it  is  timely, given the recent emphasis on producing practice-ready law school graduates.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"2 1","pages":"68-86"},"PeriodicalIF":0.3,"publicationDate":"2017-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46618219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Artificial Intelligence Policy: A Primer and Roadmap","authors":"Ryan Calo","doi":"10.2139/SSRN.3015350","DOIUrl":"https://doi.org/10.2139/SSRN.3015350","url":null,"abstract":"Talk of artificial intelligence is everywhere. People marvel at the capacity of machines to translate any language and master any game. Others condemn the use of secret algorithms to sentence criminal defendants or recoil at the prospect of machines gunning for blue, pink, and white-collar jobs. Some worry aloud that artificial intelligence will be humankind’s “final invention.”  This essay, prepared in connection with UC Davis Law Review's 50th anniversary symposium, explains why AI is suddenly on everyone's mind and provides a roadmap to the major policy questions AI raises. The essay is designed to help policymakers, investors, technologists, scholars, and students understand the contemporary policy environment around AI at least well enough to initiate their own exploration. Topics covered include: justice and equity, use of force, safety and certification, privacy (including data parity) and taxation and displacement of labor. In addition to these topics, the essay will touch briefly on a selection of broader systemic questions: institutional configuration and expertise, investment and procurement, removing hurdles to accountability and correcting mental models of AI.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"3 1","pages":"180-218"},"PeriodicalIF":0.3,"publicationDate":"2017-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.3015350","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46600645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"De Criminali Proportione: On Proportionality Standing Between National Criminal Laws and the E.U. Fundamental Freedoms","authors":"Alessandro Rosanò","doi":"10.6092/ISSN.2531-6133/7180","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/7180","url":null,"abstract":"Over time, the European Court of Justice has had to clarify whether and under what circumstances national laws may put one of the four fundamental freedoms of the internal  market  aside  in  cases  concerning  clashes  between  national  regulations  and said freedoms. The answers provided by the E.C.J. have always focused on the centrality of  the  principle  of  proportionality,  expressing  the  idea  that  a  balance  between conflicting interests and means to protect those interests must be reached. An a priori protection of the fundamental freedoms has been refused  in favor of a more concrete kind of approach. This article deals with this topic, assessing the relationship between proportionality and free movement of persons, goods, and services. Also, it is checked whether, thanks to the principle of proportionality, the E.C.J. may achieve the role of a European  Constitutional  Court  that  can  protect  the  E.U.  interests  without  putting national interests aside.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"2 1","pages":"49-67"},"PeriodicalIF":0.3,"publicationDate":"2017-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42571559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}