Vacancy: Assistant Professor in EU Law Bocconi University - Department of Legal Studies

Assistant Professor in EU Law

Bocconi University - Department of Legal Studies

The Faculty of Bocconi University has an outstanding academic reputation in Europe and in the world recently confirmed by the global Financial Time ranking for 2011.
The Department of Legal Studies invites applications from outstanding scholars who can contribute to its growing School in the field of EU Law. Successful candidate will be able to provide clear evidence of intellectual excellence and the potential and ambition to establish a publication record in the leading journals in their field; moreover, they will have a PhD in a relevant subject. Experience of teaching at undergraduate or postgraduate level is desirable.
Salaries, research funds and teaching loads are competitive with leading academic international institutions.
Statement of interest and CV should be submitted via e-mail with attachments (PDF files preferred) to recruiting@unibocconi.it by writing in the subject line "Law - Junior Hiring".
Applications will be considered until January 12th, 2012.
Only selected candidates will be contacted for further steps.

Bonadio on Copyright Infringement

Court of Milan Holds Video Sharing Platforms Liable for Copyright Infringement

Enrico Bonadio

City University London - The City Law School

Mauro Santo

affiliation not provided to SSRN



Journal of Intellectual Propery Law & Practice (2012)

Abstract:     
The Court of Milan found that the internet service providers Italia On Line and Yahoo! Italia were liable for copyright infringement in connection with the uploading of several videos on their platforms and that they could not rely on the hosting provider exemption under the E-Commerce Directive.

Number of Pages in PDF File: 3

Keywords: Copyright, Internet Service Providers' Liability, E-Commerce Directive

 

Full text available at:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1977431

The new Constitution of Hungary (2012): constitutional identity and conditionality in question (VIDEO)

The new Constitution of Hungary (2012):
constitutional identity and conditionality in question

15^th and 16^th December 2011
Sala Conferenze - Faculty of Law - Via Verdi, 53

See the conference here: http://www.jus.unitn.it/services/arc/2011/1215/home.html#a2

A New Architecture for the Single Currency: How to Solve the Euro Crisis

Abel M. Mateus

University College of London (UCL)


November 29, 2011

Abstract:     
The crisis in the Euro Zone is due to two factors: over-borrowing by some states and credit booms in others. The architecture of the Euro remains incomplete, due to lack of enforcement of fiscal discipline and an integrated bank supervision. The paper proposes a staged and comprehensive approach to complete the architecture with four pillars. The relaunch of the Euro needs once more a transition phase with a gradual fiscal and asymmetric adjustment with a decisive intervention by central institutions.

Number of Pages in PDF File: 9

Keywords: Euro, financial crisis, bank regulatory reform, monetary union, European integration

 

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1974676

Wells on International Norms in Constitutional Law

International Norms in Constitutional Law

Michael Lewis Wells

University of Georgia Law School

Georgia Journal of International and Comparative Law, Vol. 32, pp. 429-436, 2004

Abstract:     
Whether the Supreme Court should look to international law in deciding constitutional issues depends largely on what is meant by "looking to" international law. Some international norms are legally binding on American courts, either because we have agreed to follow them by adopting treaties or because they form part of the federal common law. I certainly agree that the Supreme Court, like the rest of us, ought to obey these aspects of international law. But the role of international norms in American courts has recently attracted attention for a different reason. In Lawrence v. Texas the Supreme Court, overruling Bowers v. Hardwick, struck down a statute that prohibited anal and oral sex between members of the same sex, on the ground that the statute violated the due process clause of the Fourteenth Amendment. In the course of the opinion, the Court cited a number of authorities, including a ruling by the European Court of Human Rights, in Dudgeon v. United Kingdom, that had invalidated similar laws. Other recent Supreme Court cases have made reference to decisions by international tribunals and other international norms, and Supreme Court justices, in their extracurricular writings, have championed the practice. Since nobody asserts that these rulings are legally binding on American courts, the Court's recent practice raises the question of why we should pay any attention to them.

Number of Pages in PDF File: 8

Keywords: international law, international norms, supreme court

 

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1974574

Cohen on Fragmentation and Constitutionalization

From Fragmentation to Constitutionalization

Harlan Grant Cohen

University of Georgia School of Law



Pacific McGeorge Global Business & Development Law Journal, Vol. 24, 2011
UGA Legal Studies Research Paper No. 11-14

Abstract:     
This short essay, prepared for a panel on “The Impact of a Wider Dissemination of Human Rights Norms: Fragmentation or Unity?,” explores the connection between two popular, but seemingly contradictory discourses in international law: fragmentation and constitutionalization. After disentangling and categorizing the various types of fragmentation international law may be experiencing, the essay focuses in on one form in particular, the “fragmentation of the legal community.” This most radical version of fragmentation, the essay argues, has spurred a number of responses, many of which suggest the beginnings of a constitutional conflicts regime for international law. The essay ends by suggesting and exploring three types of constitutional conflicts rules already in limited use: (1) constitutional comity rules, (2) constitutional hierarchy rules, and (3) constitutional abstention rules.

Number of Pages in PDF File: 19

Keywords: international law, fragmentation, constitutionalization, human rights

 

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1974550

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Eeckes on EU Autonomy and Decisions of (Quasi-) Judicial Bodies

EU Autonomy and Decisions of (Quasi-) Judicial Bodies: How Much Differentness is Needed?

Christina Eckes

Amsterdam Centre for European Law and Governance


December 21, 2011

Amsterdam Law School Research Paper No. 2011-50
Amsterdam Centre for European Law and Governance Research Paper No. 2011-10

Abstract:     
Over many years the European Union (EU) has developed its own state-like foreign policy – newly labelled ‘external action’. One important dimension of this external action is participation in international legal regimes (membership in international organizations and signing of multilateral conventions). Because of the EU’s internal complexity participation in international legal regimes raises many issues of a constitutional nature. The Court of Justice has repeatedly been asked to scrutinize whether a particular case of participation is in compliance with EU law. In this regard, it is fair to say that the Court of Justice’s greatest concern has been the preservation of the EU’s autonomy vis-à-vis international (quasi-) judicial bodies. Indeed, it has not so far accepted to be submitted to the authority of any external (quasi-) judicial structure. The two most prominent examples of international (quasi-) judicial bodies that have had and will continue to have a normative impact on the EU are the dispute settlement mechanism of the World Trade Organization (WTO) and the European Court of Human Rights (ECtHR). As is well-known the EU is a member of the WTO, while negotiations for accession to the European Convention on Human Rights (ECHR) are on-going. Some of the questions addressed in this paper are: How does, will and should the Court of Justice deal with the decisions of these two (quasi-) judicial bodies? Why does the Court of Justice show so much concern for the autonomy of the European legal order? Indeed, should it be more concerned about the autonomy of the EU than constitutional courts are concerned about national autonomy?
Number of Pages in PDF File: 36
Keywords: legal autonomy, European Court of Justice, European Court of Human Rights, World Trade Organization

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1975250