Historical evolution of the relationship between law and religion in the Italian and European context. Secularism and religious freedom in the Italian and European organizations. Religious freedom and multiculturalism. institutional profiles of state-church relations. Essential elements of the Italian regulation of denominational bodies and religious marriage with civil effects.

The final examination will focus on the topics covered in the text
a). C. CARDIA, Principi di diritto ecclesiastico. Tradizione europea legislazione italiana, Torino, Giappichelli, 2019, with the exclusion of:
- 4, 8,10,17 of chapter. I
- dei paragrafi 7,8, 9, 12,13 of chapter III
- dei paragrafi 4,6,7,8, 9 e 10 of chapter IV

Alternative to Chapter IV of Principi di diritto ecclesiastico. ,
P. Floris, Gli enti religiosi civilmente riconosciuti, in Diritto e religione in Italia. Principi e Temi, ed. Rita Benigni, IV, Chap. IV, available in open access in Rome-Trepress, Collana L'unità del diritto.

Recommended supplementary reading
C. CARDIA Risorgimento e religione, Giappichelli 2011.

During the course students will be updated on the didactic support material used (documents, case law, scientific)

CONTENTS

The course focuses on the hermeneutics of canon law. The internal dynamics of canon law will be analyzed both in terms of its historical evolution as well as its normative semantics. The architecture of canon law alongside its effective articulations will be viewed as open processes towards the achievement the Church’s ends – foremost among them ‘salus animarum’. Furthermore, the constitutive elements of canon law will be constantly examined from an anthropological point of view and compared with the assumptions and unfolding of secular legal experience: in this regard, special attention will be paid to multilevel legal systems with their respective typologies of judicial legislative review of legislation. Using canon law—and its projections on a planetary scale through the centuries—as a kind of mirror, the course aims to provide students with a critical approach to analyzing the erosion of state-national circuits of legal experience as a consequence of globalization processes.

SUGGESTED COURSE TEXTS

The suggested reference texts are all five of the following essays:

S. Berlingò, La tipicità dell'ordinamento canonico (nel raffronto con gli altri ordinamenti e nell'« economia » del « diritto divino rivelato »), in IUS ECCLESIAE, 1(1), 1989, p. 95-155. Available at https://www.iusecclesiae.it/article/view/221/1487

C. Fantappiè, Diritto canonico interdisciplinare. Spunti per un rinnovamento epistemologico, in IUS CANONICUM / VOL. 60 / 2020 / [1-26], p. 479-504. Available at https://dadun.unav.edu/bitstream/10171/65044/2/rhereder%2c%20Fantappiè%20italiano.pdf

G. Lo Castro, Basi antropologiche del diritto canonico, in IUS ECCLESIAE, 21(1), 2009, p. 35-47. Available at: https://www.iusecclesiae.it/article/view/1712/301

E. Baura, La realtà disciplinata quale criterio interpretativo giuridico della legge. Il discorso di Benedetto XVI alla Rota romana del 21 gennaio 2012, 1-9, available at http://baura.pusc.it/files/interpretazione%20discorso%202012.pdf . Benedict XVI's speech, related to E. Baura's essay, can be found in IUS ECCLESIAE, 24(3), 2012, p. 701-717, at http://baura.pusc.it/files/interpretazione%20discorso%202012.pdf

M. Ricca – T. Sbriccoli, Shylock del Bengala. Debiti migratori, vite in ostaggio e diritto d’asilo. (Un approccio corologico-interculturale alle implicazioni anti-umanitarie del patto commissorio), in Calumet – Intercultural Law and Humanities Review, 2, 2016, p. 1-58. Available at: https://calumet-review.com/index.php/it/2016/06/10/shylock-del-bengala-debiti-migratori-vite-in-ostaggio-e-diritto-dasilo-un-approccio-corologico-interculturale-alle-implicazioni-anti-umanitarie-del-patto-commissorio/

The purpose of this course aims to depict the role of the Medieval Church in the formation of Ius Commune in Europe and to examine the intertwinement of ecclesiastical categories with those of Roman Law and of Iura propria. More specifically, the contribution of Canon Law to the formation of the modern European Law will be examined from the administrative and economic points of view.

Attending students will deepen each topic examined progressively in the course of the lectures. For several topics covered in the course, the reference handbook will be as follows: Paolo Evangelisti, Il pensiero economico nel medioevo, Roma 2016.

Students not attending the course will be evaluated by written exam, consisting in a series of open-ended questions, on the following handbook:
E. Conte, Diritto comune. Storia e storiografia di un sistema dinamico, Bologna 2009 (the text is available in open access on academia.edu)

Subject of the course is the study of these topics:
I. Market regulation. Models of market organization. Antitrust regulation at European and Italian level. Regulatory and control Authority. The principle of competition and unfair competition. Advertising and protection against misleading advertising. Designation of origin and quality certification. Anti-competitive factors in corporate law. Professional practice and competition. Market of "ownership" of companies.
II. “Intellectual” Property. TRIPs Agreement and international trade. Distinctive features: firm, sign and brands; Internet domains. Franchising and merchandising.
Industrial inventions, designs and ornamental models; know how. New varieties of plants and biotechnological inventions. Research and development agreements. Copyright law reform. Protection of software, computer data bases and multimedia works.

Course Texts
- Civil code, recently enacted antitrust and intellectual property law provisions;
- Manual of Industrial Law:
1. AUTERI P., Diritto industriale, Giappichelli, Torino, last edition.

STATO FEDERALE E STATO REGIONALE;
LA VICENDA DEL REGIONALISMO ITALIANO;
L’AUTONOMIA STATUTARIA;
L’ORGANIZZAZIONE DELLA REGIONE;
L’AUTONOMIA LEGISLATIVA REGIONALE NELLA EVOLUZIONE DELLA GIURISPRUDENZA COSTITUZIONALE;
L’AUTONOMIA AMMINISTRATIVA E FINANZIARIA;
IL GIUDIZIO IN VIA PRINCIPALE
IL CONFLITTO DI ATTRIBUZIONE TRA ENTI

Students attending the course

D’ATENA A., DIRITTO REGIONALE, GIAPPICHELLI, TORINO, V ed, 2022, only indicated chapters: I, III, IV, V, VIII, IX.

Non-attending students

D’ATENA A., DIRITTO REGIONALE, GIAPPICHELLI, TORINO, V ed, 2022

3CFU
D’ATENA A., DIRITTO REGIONALE, GIAPPICHELLI, TORINO, V ed, 2022, only chapters III and IV.

GENERAL: THE GENERAL PRINCIPLES OF CORPORATE CRIMINAL LAW - THE RULE OF LAW;
THE PRINCIPLES OF MATERIALITY AND OFFENSIVENESS; ARRANGEMENT OF GOODS; PROTECTION OF GOODS AND PROTECTION OF FUNCTIONS; THE PERSONALITY PRINCIPLE AND THE THEORY OF INDICTMENT; PERSONAL QUALIFICATIONS IN CORPORATE ENTITIES; DELEGATION OF POWERS, WARRANTY AND SURVEILLANCE DUTIES; ADMINISTRATIVE LIABILITY FOR CORPORATE ENTITIES; REFLECTIONS OF THE EUROPEAN UNION SYSTEM ON CORPORATE CRIMINAL LAW.

SPECIAL SECTION: CORPORATE CRIMINAL OFFENSES; CRIMES OF FALSE; CRIMES AGAINST CAPITAL AND LEGAL RESERVE FUNDS; CRIMES AGAINST THE REGULAR FUNCTIONING OF CORPORATE BODIES; CRIMES CONCERNING THE PROTECTION OF TRANSPARENCY AND THE MARKET: CORRELATIONS WITH THE LAW No. 62/2005; INSIDER TRADING, STOCK MANIPULATION, MARKET MANIPULATION, ABUSE OF PRIVILEGED INFORMATION.

BANKRUPTCY CRIMES; OVERVIEW; TYPES OF BANKRUPTCY WITH SPECIAL REFERENCE TO CORPORATE BANKRUPTCY FRAUD. BANK FRAUD, TAX AND FINANCIAL CRIMES. SECURITY MEASURES AND CIVIL PENALTIES FOR CRIMINAL OFFENSES.

AMBROSETTI E. M. - MEZZETTI E. - RONCO M., DIRITTO PENALE DELL’IMPRESA, ZANICHELLI,
BOLOGNA, ULT. ED.

Principles, methods and techniques of private international law.

Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

The European Enforcement Order for uncontested claims.

The law applicable to contractual obligations.

The law applicable to non-contractual obligations.

Jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and international child abduction.

Jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and the creation of a European Certificate of Succession.

Pietro Franzina, "Introduzione al diritto internazionale privato", Giappichelli, 2021 (ISBN: 9788892142237).

The Course firstly aims to provide, through the main available technical and scientific data, an understanding of the state of health of the Planet starting from the identification of the main biogeophysical processes that regulate the stability and resilience of the Earth system. In application of the Planetary Boundaries theory, existing critical issues and their causes will be highlighted.
The main documents of international environmental law and its evolution over the past fifty years will then be analyzed.
It will then move on to an illustration of European environmental law, highlighting the main rules of the Law of Treaties, the secondary law and the most relevant communications in recent years including the European Green Deal. The important role of action plans and European courts in the evolution of environmental law will be analysed. A special focus will be dedicated to the principles of environmental law, the concept of circular economy in its various meanings, and the systemic approach needed to face complexity.
In national law, the prominence of environmental issues in the Constitutional text and in the jurisprudence of the Constitutional Court will be explored, as well as the norms of the Environment code with the various sectoral disciplines (waste, remediation, air, water, soil, etc.) with the various jurisprudence applying them.
It will examine whether we can speak of a real change in the economic Constitution of the country and the interactions between the economy and environmental protection, the concept of sustainable production. Special emphasis will be given to the administrative law of the environment (subjects of environmental policies, measures, proceedings, environmental and strategic impact assessments etc.).
It will be concluded by attempting to highlight the evolutionary process found in the discipline of environmental law today.

Diritto dell'ambiente (a cura di G. Rossi), Editrice Giappichelli, 2021, V edizione
Codice dell'ambiente, editio minor, VI ed., edizione Simone, 2022
Francesco de Leonardis, Lo Stato ecologico. Approccio sistemico, economia, poteri pubblici e mercato, Giappichelli, 2023 (suggested)

THE ORIGINS OF THE CONSTITUTIONAL JUSTICE - ORGANIZATION AND FUNCTIONING OF THE CONSTITUTIONAL COURT - THE JUDGEMENT ON THE CONSTITUTIONALITY OF LAWS - THE CONSTITUTIONAL CONFLICTS – THE JUDGEMENT ON THE ADMISSIBILITY OF THE REFERENDUM - THE CONSTITUTIONAL CRIMINAL JUSTICE - THE CONSTITUTIONAL COURT IN THE BALANCE OF POWERS - THE CONSTITUTIONAL COURT AND THE COURTS OF EUROPE.

Students attending the course:
G. Zagrebelsky, V. Marcenò, Giustizia costituzionale, volume II, Il Mulino, Bologna, 2018, only chapters: I, II, III, IV.

Non-attending students:
G. Zagrebelsky, V. Marcenò, Giustizia costituzionale, volume II, Il Mulino, Bologna, 2018

3 CFU
G. Zagrebelsky, V. Marcenò, Giustizia costituzionale, volume II, Il Mulino, Bologna, 2018, from p. 83 to p. 220.

The course aims, first of all, to provide an overview of the role and the main functions of the financial system. The central part of the course is dedicated to an analysis of the technical characteristics and of the economic and management profiles of financial instruments and markets. Finally, the course presents the objectives as well as the organization and the behavioral models of financial intermediaries, also considering the role of regulation and supervision.
1. Real economy, financial system and financial intermediation
2. Theory of financial intermediation
3. Financial instruments
4. Financial markets
5. Banking
6. Investment services and asset management
7. Insurance
8. Payment systems
9. Risks in financial intermediation
10. Regulation and supervision
11. Monetary policy

Mishkin F.S., Eakins S.G. (2023), Financial Markets and Institutions, tenth edition, Pearson.

Introduction.
Banking intermediation theories
The real system and the financial system
Functions and structure of the financial system
The typical risks of financial intermediaries (1)
The typical risks of financial intermediaries (2)
Financial instruments and their classification
Payment instruments
Debt instruments elements of yield and risk assessment
Debt instruments: review
Participation instruments
Insurance instruments and derivative instruments
Insurance instruments and derivative instruments: review
Financial markets.
The architecture of financial supervision
Securities intermediation and its regulation
Securities intermediation and its regulation

Nadotti, L., Porzio, C., Previati, D. (2022). Economia degli intermediari finanziari. McGraw-Hill, Quarta Edizione

This course aims, first of all, to provide an overview of the role and the main activities carried out by the banks in the investment banking business. The central part of the course is dedicated to an analysis of the technical characteristics and of the economic and management profiles of the corporate finance transactions. Finally, the course presents the objectives as well as the organization and the behavioral models of bank intermediaries active in the market, also considering the role of regulation and supervision.
1. The segmentation of the banking market
2. The business of corporate & investment banking
3. The structured finance operations: the project finance
4. The leveraged buy-out
5. The securitization
6. The equity capital market services
7. The venture capital activity
8. The listing of companies and the role of financial intermediaries
9. The credit operations: from traditional formulas to complex structures
10. The bank-firm relationship

Fleuriet M. (2018), Investment banking explained: An insider’s guide to the industry, second edition, McGraw-Hill Education.

The first part of the course requires an introduction on the sports legal order and its legal sources.
The following topics will be mostly discussed during the lectures: the employment sports contract; the sports agent; communication and imaging exploitation commercial contracts (sponsorship, commercial advertising, merchandising, licensing); other sports contracts (ticketing, broadcasting rights selling, ambush marketing); torts (general aspects, civil liability referred to athletes, teachers, coaches, events’ organizers, sports facilities’ managers, institutions and other stakeholders a latere involved in sports activities); sports justice, arbitration and other ADR procedures.
Other topics of the course: the parties of the sports legal order (IOC, CONI, national and international sports federations, Confederations, associated sports, sports-supporting institutions, sports companies and associations, athletes, sports auxiliaries).

Ettore Battelli, Diritto Privato dello Sport, Giappichelli, Torino, 2021 (last edition)

A pre-appeal exam is scheduled for December, reserved for attending students.

During the Academic Year 2019/2020 lessons have been entirely online. The course started on March 16th, during the strict lockdown: we did not have a single live lesson, not even one.
The lessons and class activities were not, however, subject of a deep rethinking, only the SSPLC program had a much smaller operational field (just payment systems).
We verified the raise of cyber attacks, surely related to the COVID-19 pandemic: given the billions of people globally that have been forced to stay at home, many transactions have shifted online. With employees largely working from home, attackers saw multiple areas of vulnerability: telecommunications, e-commerce and financial services industries have been increasingly impacted by COVID-19 online fraud, all have large digital adoption, financial information and payments at the center of their online experience, and fared relatively well compared to other industries during the pandemic.
Our objectives have been to understand deeply the scam mechanisms, collect technical information on how the frauds work. In terms of legal activity, our work was exclusively focused on giving legal advices, given the impossibility of in presential meeting with clients.

Specific aims of the SSPLC is to combine both the clinical approach and the ADR promotion.
In Italy, in fact, we have the Banking and Financial Ombudsman (Arbitro Bancario Finanziario, ABF), an out-of-court settlement scheme for disputes between customers and banks and other financial intermediaries, established in 2009 by the Bank of Italy to introduce an alternative mechanism that is faster and less expensive than civil litigation.

The theorical lessons (especially those at the beginning of the Course) are in fact integrated with the practical point of view, with the copresence in each lesson of the clinic counselor. So students work both under the academic teacher’s supervision, and the lawyer co-supervision.

Cases are assigned to team, variably of three/four students.
At the beginning of the course, individual work is preferred, since the team work requires an extra effort for the student. Accomplish a good team work skills in group assignments is considered one of the goals of the SSPLC.
A) Analysis of the case: especially, comprehension of the facts
First step is to verify that the clinic is competent Ratione materiae (consumer law); the parties involved fall under the definition of “consumer” and “trader”: Art. 2, par. 1, n. 1, Dir. 2011/83: «any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession» « any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive».
Then the second step is to really understand the facts: preparing legal strategies requires having, absorbing and comprehending large amounts of information (this involves ability to listen, ability to ask questions). Facts matter (standard burden of proof applies).

B) Methodology
Cases are analyzed according to a method which is determined by the clinical staff and the lawyer collaborating with the clinic.
Most of the time the first follow-up of the case is a request of advice by a national consumer association. The case is presented to the class by the clinical teacher and the lawyer.
Clinicians have first to check the legal basis. Then they determine whether the case has any merit and, if so, whether there are any viable defenses.
1) IDENTIFY THE PROBLEM (Theory):
A) FACTS:
i. Identify key information (which will set the context for the problem) and unclear terms and concepts (ensure that everyone understands the technical terms used; ensure that everyone has a similar understanding of the situation described in the problem: people have different modes of thinking about facts).
ii. Define the problem: investigate and organize facts.
iii. Analyze the problem (even with a critical point of view): «what really happened?»

B) LEGAL ANALYSIS:
i. Identify and qualify the legal issue: the client provides the clinicians with facts, not a list of legal theories
ii. Identify the applicable norms: the current legal framework in the consumers’ and small savers’ area is fragmented identify rules set by primary and sub-primary source; taking into account also rules other than consumer law (e.g.: banking law, EBA Opinions ecc.)
iii. Share the results with the rest of the clinicians. Cite the resources used. Discuss if there is a case.

2) POSSIBLE SOLUTIONS (Action: if there is a case)
i. Check the available evidence to support the client’s position (standard burden of proof applies).
ii. Try to settle (again: facts matter; better facts make for better settlements)
iii. Draft the claim (in groups): with participatory approaches and ICT-based methodologies
iv. Review of the claim by the lawyer

C) Drafting of the claim
Students will: (i) learn to use legal databases, which they were not previously familiar with (two lessons are entirely dedicated to teach students how to conduct a computer-assisted legal research); (ii) prepare written advice (iii) work in the class only with laptops (theirs or the ones provided by the Faculty), as they will learn to share document in clouds, use just one draft shared by the all class, mark it up and make it circulate by email;
-the entire ABF/ACF procedure is online, so that students will face with online dispute resolution (ODR).

Students will receive the relevant materials during class.

Fundamental rights in the historical evolution of legal systems - The rights of liberty - The social rights - The "new" rights - Fundamental rights and constitutional duties - The catalog of rights in the Italian Constitution - The mechanisms for the protection of rights.

1) P.Caretti-G.Tarli Barbieri, I diritti fondamentali. Libertà e diritti sociali, V ed., Giappichelli, Torino, 2022;
2) F.Rimoli, Sulla retorica dei diritti, Mucchi, Modena, 2018.

Further readings will be indicated during the course.

- Criminal law and European law: the story of a complex combination

- The principle of legality in criminal law

- The "reflex effects" of European law on national criminal law:
• The duty of conforming interpretation
• The principle of supremacy of EU law
• Effects "in bonam partem" and effects "in malam partem"
• Case Analysis

- European duties of criminal protection

- The protection of human rights in Europe
• Italian Constitution, the ECHR, the EU Charter of Fundamental Rights: "multi-level" protection and the dialogue between the Courts after the Lisbon Treaty
• Art. 3 ECHR and the prohibition of torture and inhuman or degrading treatment: the judgment Torreggiani (prison overcrowding) to Cestaro judgment (case Diaz)

- Article 7 ECHR: a new face for the principle of legality in criminal law?
The gradual overcoming of the two "double tracks":
• The "case Grande Stevens" and the sanctions on market abuse
• The curious case of urban confiscation from "Punta Perotti" to the Constitutional Court, through the ECtHR

- The new perspectives of the "European judicial criminal law"
• The "case Contrada" and the so called "concorso esterno in associazione mafiosa"
• The "judgment Taricco" and the "prescrizione" in the Italian legal system

A. Massaro, Appunti di diritto penale europeo, 2nd edition, Giappichelli, 2023.

The program will start with the examination of the tourism legislation, at international, national and local levels. Afterwards, the touristic enterprise and the different touristic activities will be analyzed, included notes on the touristic professions and vocational training. At last, the course will be devoted to the transport contracts, the hotel contract, the time-share, the travel contract, the organized tourism contracts, the touristic locations and the ADR in the touristic field. Attention will be devoted to highly topical matters such as the ruined vacation damage.

G. GRISI - S. MAZZAMUTO, Diritto del turismo, IV ediz., Torino, 2023.

The regulatory framework: the fundamental urban planning law
Expropriation procedure. Overview.
Public interventions in the territory
Urban planning restrictions
The PRG
The detailed plan
Environmental Protection
VIA, VAS and A.I.A.
The landscape constraints
The protection of cultural heritage
Property in urban planning
Expropriation for public benefit
The building permit / D.I.A. and S.C.I.A. building

P. Stella Richter, Diritto urbanistico, L.E.
or
P. Stella Richter, Profili funzionali dell'urbanistica, L.E.
or
F. Salvia, C. Bevilacqua, Manuale di Diritto urbanistico, ultima edizione, limitatamente alle seguenti parti: urbanistica moderna e contemporanea; evoluzione delle fonti, incidenza della Costituzione, principio di legalità e riserva di legge, standard urbanistici(cap IV fino p. 56), modello di pianificazione rigido convertito in sistema aperto agli interessi emergenti, piani urbanistici di area vasta, il PRG, il piano strutturale e quello operativo, tutela dei centri storici, piano particolareggiato, la lottizzazione, casa e riqualificazione urbana (fino al par. 5 compreso, p. 167)regolamento edilizio, abusi edilizi e sanzioni.

Module I - The theory of financial statements

Introduction to the study of financial statements.
The basic functions of financial statements.
The nature of operating income and working capital.
The purposes that can be assigned to financial statements.
Relationship between income, valuation criteria and purposes of financial statements.
The purposes of the financial statements in the business doctrine: the "alpha" and "beta" purposes.

Module II - The Financial Statements in the Civil Code

The documents of the balance sheet - Structure and content (art. 2423-ter - 2425 Civil Code)
The general clause and the principles for drawing up the financial statements (articles 2423 - 2423-bis Civil Code)
Special valuation criteria (art. 2426 Civil Code)
Tangible fixed assets
Intangible fixed assets
Securities and Equity Investments
Receivables
Assets and liabilities in foreign currency
Inventories (Lifo, Fifo, Cmp)
Contract work in progress
The contents of the Explanatory Notes and the Management Report on Operations

Module III - Accounting

Closing entries, general closing and reopening of accounts
Fixed assets - Accounting based on amortization, depreciation, write-downs and reinstatement of value
Equity investments - Accounting with the historical cost method and equity method
Foreign currency transactions - Accounting treatment
Inventories and contract work in progress - Accounting treatment

Module IV - Fundamentals of financial statement analysis

Modules I e II: Tutino M. (2017), Bilancio e nuovi OIC, Cedam
Module III: Paoloni M., Celli M. (2012), Introduzione alla contabilità generale, Cedam.
Module IV: Paolucci G. (2016), Analisi di bilancio, Hoepli.

Teaching materials available to students on the course web pages

Modul I - Financial reporting

Introduction to the financial reporting study
The basic functions of financial reporting
The nature of income and working capital
The attributable purposes of financial reporting
Relationship between income, evaluation criteria and purposes of financial reporting
The purposes of the financial reporting in the business administration literature: the "alpha" and "beta" purposes

Module II - The Financial Reporting in the Civil Code
From accounting to financial reporting (Closing entries, general closing and reopening of accounts)
The documents of the financial reporting: balance sheet, financial statement and cash flow statement: structure and content (artt. 2423-ter – 2425 c.c. – 2425 ter c.c.)
The general clause and the principles for drawing up the financial reporting (articles 2423 - 2423-bis Civil Code)
Special valuation criteria (art. 2426 Civil Code)
Tangible and intangible fixed assets
Securities and Equity Investments
Receivables
Assets and liabilities in foreign currency
Inventories (Lifo, Fifo, Cmp)
Contract work in progress
The contents of the Notes and the Management Report

Module III - harmonisation accounting process (IAS/IFRS)

Zanda G. (Il bilancio delle società, Giappichelli, Torino, 2007 (integrato con il vigente Codice civile, artt. dal 2423 al 2429 compresi)
Tutino M. (2017), Bilancio e nuovi OIC, Cedam
Paoloni M., Celli M. (2012), Introduzione alla contabilità generale, Cedam.

First Part
The theory of Financial Reporting
Introduction
The goal of Financial Reporting
Capital and Income
Traditional Italian Theories on Income and Financial Reporting
Second Part
Introduction to Italian Accounting Standards and Laws on Financial Reporting
Balance Sheet, Income Statement, Cash Flows Statements and the Notes
The objective of general purpose financial reporting: the true and fair view
The exceptions to the application of the laws
The qualitative characteristics of useful financial information
The assets and liabilities measurement:
- Plants and equipment;
- The Depreciation process;
- The Impairment process;
- Intangible Assets;
- Goodwill;
- Interests in parent companies;
- Receivables and payables (expressed in Euro and in foreign currencies);
- Stocks;
- Financial Activities and Financial Derivatives.
Third Part
Financial Reporting for listed public companies.
The International Harmonisation of Accounting Standards
The Conceptual Framework for Financial Reporting
The Sustainability Reporting

T.R. Ittelson, Financial Statements, Career Pr Inc., 2022.

The course aims at providing students with the most relevant notions of US company law, compared with the European models, focusing mainly on corporations and investigating the following areas:
- incorporation and its effects
- financial structure and corporate finance
- organizational structure
- directors’ duties
- transactions on corporate control.

Program of the course
Introduction to US company law – double sovereignty (state and federal) – the role of equity.
The role of law in regulating companies – Model acts – Uniform acts.
The formation of corporations – the incorporation – the choice of the state of incorporation – regulatory competition – “race to the top” and “race to the bottom” – internal affairs doctrine – the effects of incorporation – limited liability – operations before incorporation and in case of defective incorporation.
Limited liability – the economic reasons of limited liability and its rationale – the effects on creditors – the abuse of the corporate form – piercing the corporate veil – the case of corporate groups.
The financial structure of the corporation (1) – common stock and preferred stock – the authorization and issuance of stock – pre-emptive rights – the policy of dividends and the role of courts.
The financial structure of the corporation (2) – debt securities – bonds and debentures – powers of vote.
The organization of corporations (1) – shareholders’ powers – voting power – fundamental changes – business combinations – sale of all or substantially all of corporate assets – shareholders’ rights.
The organization of corporations (2) – the board of directors and its committees – executive compensation and the case of stock options – directors’ duties – business judgment rule – fiduciary duties.
Transactions on corporate control – hostile takeovers – the role of management and shareholders’ powers – corporate defenses – Delaware law and the role of Delaware courts.

Teaching method
The course is based on interactive lessons. Students are encouraged to participate in the discussion of cases and legal materials presented during the classes. Furthermore, students are requested to present cases to the class. Lectures of US professors are also planned.

Appraisal of learning
Students’ evaluation shall be based on both class work/contribution and on an oral final exam.

THE COURSE IS PART OF "STUDYING LAW AT ROMA 3" PROGRAM, ATTENDANCE OF WHICH IS MANDATORY. THEREFORE, STUDENTS WISHING TO ATTEND THE COURSE MUST PREVIOUSLY ENROLL

Readings and course materials shall be provided during the course.

The form of government in Italy - The bodies of political direction: the Parliament and the Government - The guarantee bodies: the President of the Republic, the Constitutional Court and the Judiciary - Territorial autonomies and their role in guaranteeing rights - Public Administration and Administrative activity - The historical evolution of the Welfare State: from birth, to maximum development, to the crisis - The model of the Social state accepted in the Italian legal system - The growing enhancement of local governments and the private social sector in welfare policies in Italy - Social rights in the Italian Constitution: conditional and unconditional social rights - The effectiveness of social rights as proof of the economic-financial crisis - The constitutional classification of social rights under the thematic profile: the rights inherent in the world of work; the right to health; the right to study - The social security system outlined by art. 38 Cost.: the distinction between assistance and social security - The evolution of the social services system in Italy: the principles, socio-health integration, the financing system and the programming and planning - The protection of personal data in the action of social services - Rights of the disabled persons and the Constitution - The protection of the rights of persons with disabilities in the logic of a multilevel protection: the right to assistance with the related economic provisions; the "new right" to socialization and effective participation in social life.

For the students of the Degree courses of the Department of Law who have to take the 7 CFU exam, the programme is reduced as follows:
The historical evolution of the Welfare State: from birth, to maximum development, to the crisis - The model of the Social state accepted in the Italian legal system - The growing enhancement of local governments and the private social sector in welfare policies in Italy - Social rights in the Italian Constitution: conditional and unconditional social rights - The effectiveness of social rights as proof of the economic-financial crisis - The constitutional classification of social rights under the thematic profile: the rights inherent in the world of work; the right to health; the right to study - The social security system outlined by art. 38 Cost.: the distinction between assistance and social security - The evolution of the social services system in Italy: the principles, socio-health integration, the financing system and the programming and planning - The protection of personal data in the action of social services - Rights of the disabled persons and the Constitution - The protection of the rights of persons with disabilities in the logic of a multilevel protection: the right to assistance with the related economic provisions; the "new right" to socialization and effective participation in social life.

General part
- R. BIN - D. DONATI - G. PITRUZZELLA, Lineamenti di diritto pubblico per i servizi sociali, Giappichelli, Torino, 2019, (limitatamente ai primi dieci capitoli)
- E. CODINI - A. FOSSATI - S.A. FREGO LUPPI, Manuale di diritto dei servizi sociali, Giappichelli, Torino, 2019, limited to: Part I (full), Part II (one chapter of your choice), Part III (full)

Special part
- C. COLAPIETRO - F. GIRELLI, Persone con disabilità e Costituzione, Editoriale Scientifica, Napoli, 2020.

***

The following teaching materials are made available on the platform http://formonline.uniroma3.it/ (which are not intended as a substitute for the reference texts):
1. General part - Elements of public law: slides (divided into thematic modules) of the online course of Institutions of public law edited by Prof.ssa Giovanna Pistorio.
2. General part - Fundamental rights, social rights and Welfare State: slides edited by Prof. Carlo Colapietro (with related exercises for self-assessment) and an essay by Prof. Colapietro.
3. Special part - Rights of the disabled and the Constitution: slides edited by Prof. Carlo Colapietro (with related exercises for self-assessment) and jurisprudential material.

The students will study the causes, numbers and characteristics of crime and detention in Italy

During the course, readings will be suggested

The course examines, in a comparative perspective, the new information and communication technologies to understand the evolution of the constitutional provision ex art. 21 in the digital age and in particular in the "network" system. In particular, the course aims to study the limits to the freedom of expression of thought, to protect individuals and the community, with particular attention to the impact of algorithmic technologies on law.

For attending students, the subject matter of the examination will be the topics covered and material handed out during lectures

For non-attending students:
- Vigevani, Pollicino, Melzi d'Eril, Cuniberti, Bassini, Diritto dell'informazione e dei media, Giappichelli, 2022
- A. Celotto, Sudditi. Diritti e cittadinanza ia tempi dei social network, in corso di pubblicazione

The offence in the system of unlawful acts;
Analysis of the offence: the bipartite, tripartite and quadripartite conception;
The offence as an element of different types of liability.

The course material and the reference bibliography will be indicated at the beginning of the course

The course aims to offer an original perspective on the Roman law through the masterpieces of the great artists whose paintings represented the Roman past. Topics studied include the role of religion and myth in ancient Rome, politics and warfare, the status of women and other subjects pertaining to the Roman World. By the end of the module it is expected that students should have the knowledge and understanding to account how each artist has interpreted the ancient Roman world, and why does this world inspired painters.

Attending students:
S. GALEOTTI, De Chirico e Lucrezia Romana, Pisa: Pacini editore, 2023.
The course material will be uploaded on the Uniroma Tre e-learning platform.

Non-attending students:
S. GALEOTTI, De Chirico e Lucrezia Romana, Pisa: Pacini editore, 2023.

The following topics will be covered during the course:
- Object, purpose and general features of international law rules concerning human rights
- The protection of human rights under general international law
- Human Rights in the UN system
- The International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights
- Crimes against humanity: international prevention and prosecution
- Human rights at the European level: the Council of Europe
- The European Convention on Human Rights and the Strasbourg Court
- Fundamental Rights within the EU legal order and practice
- Implementation and importance of international and European human rights law in the Italian legal order

Special focus on the protection of social rights in Europe and the European Social Charter system

A. Marchesi, La protezione internazionale dei diritti umani, Torino, Giappichelli, 2021

G. Palmisano, L'Europa dei diritti sociali. Significato, valore e prospettive della Carta sociale europea, Bologna, il Mulino, 2022

GENERAL MATHEMATICS PROGRAM a.a 2021-2022
I CHANNEL

1) Logic, sets and numerical sets
Propositional logic. Propositions. Decidable propositions. Logical operations between propositions. Logical implication. Necessity, sufficiency and necessity and sufficiency. Truth tables. Theorem. Methods for proving a theorem. Sets. Operations between sets. Numerical sets:
natural numbers, relative numbers and rational numbers. Infimum and supremum of a numerical set. Irrationality of square root of 2 (with proof). Dedekind's axiom. The real numbers set. Real numbers and their representation on the straight line. Limited and non-limited sets. Maximum and minimum of a numerical set. Intervals and boundary of a point. Elements of line topology: isolated, boundary, internal and accumulation points. Open sets. Closed sets. A set is closed if and only if it contains all its accumulation points.
2) Sums
Definition of summation. Sum of the first natural n (with proof). Sum of the first n terms of a geometric progression (with proof). Summation properties.
3) Real functions of real variable
Real functions of real variable. The Cartesian plane and the graph of a function. Injective and surjective functions. Invertible functions. Even and odd functions. Increasing and decreasing functions. Link between monotony and injectivity. Inverse function. Inverse function graph. Elementary functions. Transformations of elementary functions. Compound function. Multi-law defined functions. Domain of a function.
4) Sequences and numerical series
Converging, diverging and indeterminate sequences. Limits of sequences. Definition of numerical series. Necessary condition for convergence
of a series (with proof). The character of the geometric series (with proof). Mengoli series and its value (with proof).
5) Limits of real functions of real variable
Definition of limits. Right-hand limit and left-hand limit. Vertical and horizontal asymptote. Oblique asymptote. Theorem on uniqueness of limit. (with proof). Theorems on sign permanence (with proof). Rational operations on limits. Indeterminate forms. Notable limits.
6) Infinites and infinitesimals
Definition of infinitesimal and infinite. Comparison between infinitesimal and infinite. Order of infinitesimal and infinite. Cancellation theorems (with proof). Order propagation.
7) Continuity
Definition of continuity in a point. Continuity in a set. Classification of discontinuity points. Continuity of elementary functions. Continuity
of the compound function. Continuity of functions defined by several laws. Theorem of zeros for continuous functions. Weierstrass's theorem. Darboux's theorem (with proof).
8) Differential calculus
Difference quotient. Derivative of a function in a point and its geometric meaning. Derivability implies continuity (with proof). Points of non-derivability.
Derivative function and derivatives of subsequent order. Derivative of elementary functions. The rules of derivation. Derivative of compound functions. De L’Hopital's theorem and its application to indeterminate forms. Taylor polynomial of order 1 and order 2 (with proof). The factorial of n. Taylor polynomial
of order n. Mc Laurin polynomial. Differential and its geometric meaning. First-order error theorem (with proof). Local maxima and minima. Fermat's theorem (with proof). Rolle's theorem (with proof). Lagrange's theorem (with proof). Corollaries to Lagrange's theorem (with proof). Relationship between the sign of the first derivative and the increasing / decreasing functions in an interval (with proof). Concavity and convexity in a point. Relationship between the sign of the second derivative and the convexity / concavity of a function in an interval (with proof). Flex points. Global concavity and convexity conditions.
9) Integral calculus
Primitive of a function. Indefinite integral. Properties of primitives (with proof). Property of the indefinite integral. Immediate indefinite integrals. Integration by parts (with proof). Area subtended by a curve. Superior and inferior integral sum. Definition of definited Riemann integral. Property
of the definite integral. Integral function. The integral mean value theorem (with proof). Torricelli-Barrow's theorem (with proof). Corollary to Torricelli-Barrow's theorem (with proof).
10) Linear algebra
Vectors and their geometric representation. Product of a vector for a scalar. Vectors addition. The vector space Rn: Linear combination of
vectors. Linearly dependent and independent vectors. Matrices. Matrix addition. Matrix multiplication. Determinant of a matrix. Matrix
inverse. Uniqueness of the inverse matrix (with proof). Necessary condition for the existence of the inverse matrix (with proof). Sufficient condition for the existence of the inverse matrix. Transposed matrix. Rank of a matrix. Linear equation systems. Cramer's theorem. Rouché-Capelli theorem. Homogeneous systems. Parametric systems

Carl P. Simon, Lawrence Blume, Mathematics for economists, W.W. Norton and Company, 2010.
Only: Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, Appendix 4.
http://disa.uniroma3.it/didattica/lauree-triennali/matematica-generale-n-o-ii-canale-d-k/

1) Logic, sets and numerical sets
Propositional logic. Propositions. Decidable propositions. Logical operations between propositions. Logical implication. Necessity, sufficiency and necessity and sufficiency. Truth tables. Theorem. Methods for proving a theorem. Sets. Operations between sets. Numerical sets:
natural numbers, relative numbers and rational numbers. Infimum and supremum of a numerical set. Irrationality of square root of 2 (with proof). Dedekind's axiom. The real numbers set. Real numbers and their representation on the straight line. Limited and non-limited sets. Maximum and minimum of a numerical set. Intervals and boundary of a point. Elements of line topology: isolated, boundary, internal and accumulation points. Open sets. Closed sets. A set is closed if and only if it contains all its accumulation points.
2) Sums
Definition of summation. Sum of the first natural n (with proof). Sum of the first n terms of a geometric progression (with proof). Summation properties.
3) Real functions of real variable
Real functions of real variable. The Cartesian plane and the graph of a function. Injective and surjective functions. Invertible functions. Even and odd functions. Increasing and decreasing functions. Link between monotony and injectivity. Inverse function. Inverse function graph. Elementary functions. Transformations of elementary functions. Compound function. Multi-law defined functions. Domain of a function.
4) Sequences and numerical series
Converging, diverging and indeterminate sequences. Limits of sequences. Definition of numerical series. Necessary condition for convergence
of a series (with proof). The character of the geometric series (with proof). Mengoli series and its value (with proof).
5) Limits of real functions of real variable
Definition of limits. Right-hand limit and left-hand limit. Vertical and horizontal asymptote. Oblique asymptote. Theorem on uniqueness of limit. (with proof). Theorems on sign permanence (with proof). Rational operations on limits. Indeterminate forms. Notable limits.
6) Infinites and infinitesimals
Definition of infinitesimal and infinite. Comparison between infinitesimal and infinite. Order of infinitesimal and infinite. Cancellation theorems (with proof). Order propagation.
7) Continuity
Definition of continuity in a point. Continuity in a set. Classification of discontinuity points. Continuity of elementary functions. Continuity
of the compound function. Continuity of functions defined by several laws. Theorem of zeros for continuous functions. Weierstrass's theorem. Darboux's theorem (with proof).
8) Differential calculus
Difference quotient. Derivative of a function in a point and its geometric meaning. Derivability implies continuity (with proof). Points of non-derivability.
Derivative function and derivatives of subsequent order. Derivative of elementary functions. The rules of derivation. Derivative of compound functions. De L’Hopital's theorem and its application to indeterminate forms. Taylor polynomial of order 1 and order 2 (with proof). The factorial of n. Taylor polynomial
of order n. Mc Laurin polynomial. Differential and its geometric meaning. First-order error theorem (with proof). Local maxima and minima. Fermat's theorem (with proof). Rolle's theorem (with proof). Lagrange's theorem (with proof). Corollaries to Lagrange's theorem (with proof). Relationship between the sign of the first derivative and the increasing / decreasing functions in an interval (with proof). Concavity and convexity in a point. Relationship between the sign of the second derivative and the convexity / concavity of a function in an interval (with proof). Flex points. Global concavity and convexity conditions.
9) Integral calculus
Primitive of a function. Indefinite integral. Properties of primitives (with proof). Property of the indefinite integral. Immediate indefinite integrals. Integration by parts (with proof). Area subtended by a curve. Superior and inferior integral sum. Definition of definited Riemann integral. Property
of the definite integral. Integral function. The integral mean value theorem (with proof). Torricelli-Barrow's theorem (with proof). Corollary to Torricelli-Barrow's theorem (with proof).
10) Linear algebra
Vectors and their geometric representation. Product of a vector for a scalar. Vectors addition. The vector space Rn: Linear combination of
vectors. Linearly dependent and independent vectors. Matrices. Matrix addition. Matrix multiplication. Determinant of a matrix. Matrix
inverse. Uniqueness of the inverse matrix (with proof). Necessary condition for the existence of the inverse matrix (with proof). Sufficient condition for the existence of the inverse matrix. Transposed matrix. Rank of a matrix. Linear equation systems. Cramer's theorem. Rouché-Capelli theorem. Homogeneous systems. Parametric systems.

Mathematics for economists Carl P. Simon, Lawrence Blume- W.W. Norton and Company, Inc.
Only:Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, Appendix 4 .

1) Logic, sets and numerical sets
Propositional logic. Propositions. Decidable propositions. Logical operations between propositions. Logical implication. Necessity, sufficiency and necessity and sufficiency. Truth tables. Theorem. Methods for proving a theorem. Sets. Operations between sets. Numerical sets:
natural numbers, relative numbers and rational numbers. Infimum and supremum of a numerical set. Irrationality of square root of 2 (with proof). Dedekind's axiom. The real numbers set. Real numbers and their representation on the straight line. Limited and non-limited sets. Maximum and minimum of a numerical set. Intervals and boundary of a point. Elements of line topology: isolated, boundary, internal and accumulation points. Open sets. Closed sets. A set is closed if and only if it contains all its accumulation points.
2) Sums
Definition of summation. Sum of the first natural n (with proof). Sum of the first n terms of a geometric progression (with proof). Summation properties.
3) Real functions of real variable
Real functions of real variable. The Cartesian plane and the graph of a function. Injective and surjective functions. Invertible functions. Even and odd functions. Increasing and decreasing functions. Link between monotony and injectivity. Inverse function. Inverse function graph. Elementary functions. Transformations of elementary functions. Compound function. Multi-law defined functions. Domain of a function.
4) Sequences and numerical series
Converging, diverging and indeterminate sequences. Limits of sequences. Definition of numerical series. Necessary condition for convergence
of a series (with proof). The character of the geometric series (with proof). Mengoli series and its value (with proof).
5) Limits of real functions of real variable
Definition of limits. Right-hand limit and left-hand limit. Vertical and horizontal asymptote. Oblique asymptote. Theorem on uniqueness of limit. (with proof). Theorems on sign permanence (with proof). Rational operations on limits. Indeterminate forms. Notable limits.
6) Infinites and infinitesimals
Definition of infinitesimal and infinite. Comparison between infinitesimal and infinite. Order of infinitesimal and infinite. Cancellation theorems (with proof). Order propagation.
7) Continuity
Definition of continuity in a point. Continuity in a set. Classification of discontinuity points. Continuity of elementary functions. Continuity
of the compound function. Continuity of functions defined by several laws. Theorem of zeros for continuous functions. Weierstrass's theorem. Darboux's theorem (with proof).
8) Differential calculus
Difference quotient. Derivative of a function in a point and its geometric meaning. Derivability implies continuity (with proof). Points of non-derivability.
Derivative function and derivatives of subsequent order. Derivative of elementary functions. The rules of derivation. Derivative of compound functions. De L’Hopital's theorem and its application to indeterminate forms. Taylor polynomial of order 1 and order 2 (with proof). The factorial of n. Taylor polynomial
of order n. Mc Laurin polynomial. Differential and its geometric meaning. First-order error theorem (with proof). Local maxima and minima. Fermat's theorem (with proof). Rolle's theorem (with proof). Lagrange's theorem (with proof). Corollaries to Lagrange's theorem (with proof). Relationship between the sign of the first derivative and the increasing / decreasing functions in an interval (with proof). Concavity and convexity in a point. Relationship between the sign of the second derivative and the convexity / concavity of a function in an interval (with proof). Flex points. Global concavity and convexity conditions.
9) Integral calculus
Primitive of a function. Indefinite integral. Properties of primitives (with proof). Property of the indefinite integral. Immediate indefinite integrals. Integration by parts (with proof). Area subtended by a curve. Superior and inferior integral sum. Definition of definited Riemann integral. Property
of the definite integral. Integral function. The integral mean value theorem (with proof). Torricelli-Barrow's theorem (with proof). Corollary to Torricelli-Barrow's theorem (with proof).
10) Linear algebra
Vectors and their geometric representation. Product of a vector for a scalar. Vectors addition. The vector space Rn: Linear combination of
vectors. Linearly dependent and independent vectors. Matrices. Matrix addition. Matrix multiplication. Determinant of a matrix. Matrix
inverse. Uniqueness of the inverse matrix (with proof). Necessary condition for the existence of the inverse matrix (with proof). Sufficient condition for the existence of the inverse matrix. Transposed matrix. Rank of a matrix. Linear equation systems. Cramer's theorem. Rouché-Capelli theorem. Homogeneous systems. Parametric systems.

Carl P. Simon, Lawrence Blume, Mathematics for economists, W.W. Norton and Company, 2010.
Only: Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, Appendix 4.

LAW AND HUMANITIES 2023/’24



COURSE DESCRIPTION:
The course will first provide an introduction to the law and the humanities movement in general and then focus on several different, even if strictly connected, fields of study: e.g. law and literature, law and music, law and fiction, law and history, law and religion, law and truth, law and society. The course will question the traditional isolation of legal studies in analyzing law with reference to the other social sciences and, more generally, to a larger cultural context. Texts, symbols and representations, which have greatly influenced popular understanding of law, will be discussed in thematic weeks by professors coming from different parts of Italy and of the world.

COURSE LEARNING OBJECTIVES:
- to introduce students to the law and the humanities movement.
- to investigate the benefits of interdisciplinary studies.
- to develop a critical approach to legal texts.
- to understand law in the wider context of social sciences
- to stress the importance of the cultural context for a better understanding of law in the past as well as the present

ASSESSMENT TOOLS:
Final grades will be based on:
• Participation in class
• Midterm written work
• Final, oral exam

ATTENDANCE POLICY:
Attendance in class is compulsory to be admitted to the final examination, which will cover all the topics discussed during the course.

READING MATERIAL:
Every thematic week will be associated to introductory papers which will be progressively uploaded on the ‘Roma Tre’ e-learning platform.

Lessons will start on Tuesday 3 October 2023 at 2.15 p.m. From the following week, the course will be held every Monday, Tuesday and Wednesday from 2.15 to 4 p.m. and will end on Wednesday 6/12/2023.

HOW TO ENROL:
To enrol in the course, please send an e-mail to the teacher at the following address: sara.menzinger@uniroma3.it

SCHEDULE OF LESSONS:

3-4 October 2023, 2.15 p.m. – 4 p.m.: course presentation and first thematic week on “Law and Fiction” (prof. Sara Menzinger)

9-11 October, 2.15 p.m. – 4 p.m.: “Law and Music” (prof. Giorgio Resta, Emanuele Conte, Sara Menzinger, University 'Roma Tre')

16-18 October, 2.15 p.m. – 4 p.m.: “Law and Literature” (Dr. David de Concilio, University of Padua, prof. Sara Menzinger, University 'Roma Tre')

23-25 October, 2.15 p.m. – 4 p.m.: “Law and Truth: Judicial truth and medical expertise, 13th-14th cent.” (prof. Corinne Leveleux, Université d'Orléans, Sara Menzinger, University 'Roma Tre')

31 October (Tuesday, 2 p.m. – 5 p.m.), Midterm Exam (written test): students will have to answer three/four open-ended questions on the previous 4 weeks topics

6-8 November, 2.15 p.m. – 4 p.m.: "Law and the Roman Legal Legacy" (prof. Kaius Tuori, University of Helsinki, Sara Menzinger, University 'Roma Tre')

13-15 November, 2.15 p.m. – 4 p.m.: “Law and Religion” (prof. Melanie Adrian, Carleton University, Ottawa, Canada)

20-22 November, 2.15 p.m. – 4 p.m.: “Law and History” (prof. Marc de Wilde, University of Amsterdam)

27-29 November, 2.15-4.00 p.m: Law and Truth (prof. Andrew Cecchinato, University of St Andrews)

4-6 December: final interviews for the Law and Humanities course

Every thematic week will be associated to introductory papers which will be progressively uploaded on the ‘Roma Tre’ Moodle platform.

This course offers students the opportunity to work on complex and cutting-edge questions of international law through preparation for, and participation in, a distinguished international law moot competition. In the process, students will develop and refine advanced legal research and advocacy skills. The moot competitions will usually include the Philip C Jessup International Law Moot Court Competition, the pre-eminent global mooting competition in international law. Students will be expected to attend sessions on research methodology, and then to undertake intensive research in international law, prepare written submissions and develop oral submissions which are then refined through mooting practice.
At the end of this course, students will be able to:
- undertake international legal research
- analyse and synthesise international legal information and materials
- apply international law to complex issues, and critique the law from a practical perspective, either individually or as part of a team
- prepare appropriate and practical written and oral arguments for a specialist legal audience
- reflect on their abilities to effectively undertake legal work as a member of a team.

Students will receive a reader which will include selected articles and excerpts from relevant literature on methodology in legal research

The course:

The Legal Clinic on Migration and Asylum is a complementary course (7 CFU), structured in three modules, with mandatory class attendance.

The first module (3 CFU) includes 24 hours of lessons dedicated to immigration and international protection laws, both domestic and supranational.

The second module (3 CFU), formed by 24-hour seminar lessons, provides students with an introduction to critical studies on citizenship, migration, and borders.

The third module provides an 8-hour internship at the Clinic's Legal Helpdesk, in which students are engaged in activities of legal advice to migrants and asylum seekers under the supervision of lawyers specialized in immigration law.




The project:
Founded in 2010, the Roma Tre Legal Clinic on Migration and Asylum (Clinica del Diritto dell’Immigrazione e della Cittadinanza) is one of the first clinical courses established in Italy. It combines experimental learning, research, and public engagement.

First in Italy, in 2012 the Clinic set up a public “Legal Helpdesk" where law students are directly involved in providing information and legal assistance to migrants and asylum seekers under the supervision of immigration lawyers. Each year, the Clinic’s Front Office follows up on an average of 120 asylum claims and immigration cases. Thanks to the support of private foundations and European funding, the Clinic provides annual scholarships that allow selected students to collaborate with the Clinic’s Front Office as Junior Assistants and tutors of the new students.

Since its establishment, the Clinic has carried out several research projects and advocacy activities that have had an impact at the national and international levels. Between 2014 and 2016, the Clinic coordinated the ‘Lexilium project’, a national research on judicial decisions on migrant detention. The results of the research have been quoted by the 2014 International Commission of Jurists’ report ‘“Undocumented” Justice for Migrants in Italy’. The Clinic was also heard by the Group of Experts on Trafficking of the European Council (Greta) and by the UN Special Rapporteur on the right to food. In 2022, the Clinic engaged with the UN Special rapporteur on the situation of the human rights defenders resulting in a joint statement by three UN Special rapporteurs calling on the Italian Government to stop criminalizing solidarity with migrant people.

The Clinic is a member of the Italian Network of Law Clinics and of the European Network for Clinical Education (ENCLE), and it collaborates with several law firms, NGOs, and associations at the national and international levels.

The study of textbooks is not foreseen. The lecturer will provide students with teaching materials and documents in support of clinical-legal activities.

This course focuses on competition law from a comparative perspective (with particular reference to the European Union and the United States). It aims to provide students with the tools for understanding antitrust policies and their concrete implementation through the study of EU and US legislation, case law and enforcement practice. The course also includes in-depth analysis of specific topics related to sectors of interest (including digital markets) and the intersections between competition law and other areas of law, such as intellectual property law.
More in detail, it will cover:
The objectives of competition law;
Essentials of US antitrust law;
The role of competition rules in the EU;
Market power, market definition and barriers to entry;
Article 101 TFEU; Section 1 Sherman Act;
Article 102 TFEU; Section 2 Sherman Act;
Competition law and regulation;
Public and private enforcement;
Mergers (essentials)

Course textbook:

In addition to cases examined during lessons, a selection of readings will be recommended, mainly from the following textbook:

R. Whish – D. Bailey, Competition Law, Oxford University Press 2021- selected chapters (see moodle)

Course description:
The “International Humanitarian Law Legal Clinic” (IHL Legal Clinic) has been established in 2016 to permit students to acquire a sound knowledge on international humanitarian law, cooperate on a pro bono basis on projects with leading international and national institutions operating in this area and develop significant skills and a humanitarian-oriented approach beneficial for their competences, future professional activities and civil awareness. The IHL Legal Clinic is an optional course (7 CFU) opens to students from Roma Tre and those involved in exchange programmes (eg. Erasmus) qualifying for a final mark. The working language is English (students can also qualify for ‘Lingua giuridica’).

So far students involved in the Roma Tre IHL Legal Clinic have provided support to some of the most relevant international and domestic stakeholders as: The International Committee of the Red Cross (ICRC); Amnesty International; NATO (Allied Command Operations Legal Office at SHAPE); the Italian Red Cross, IHL Commission; the International Federation of Red Cross and Red Crescent Societies (see below ‘Past Projects’).

In 2023/2024 students of the IHL Legal Clinic will:
A) Acquire a sound knowledge of international humanitarian law through introductory lectures.
B) Be involved in research and practice-oriented projects projects commissioned by relevant stakeholders as International Committee of the Red Cross (ICRC) and the NATO (Allied Command Operations Legal Office at SHAPE). See below for further details: ‘2023 Projects’;
C) Be part of the IHL Red Project, managed in cooperation with the IHL Legal Clinics of Roma Tre, Leiden (Netherlands) and Bochum (Germany) as part of the EU-funded Project KA2. Students will have the unique opportunity to take part in a IHL legal clinics exchange conference organized by Roma Tre University, Leiden and Bochum to take place in Rome (3 days in April or May 2024) to present their projects and attend IHL conferences and events with students of other IHL legal clinics. Costs will be covered by Roma Tre University.

A selection process will permit to identify interested students due to some limits related to the management of the IHL Legal Clinic – eg. max. around 10/12 students (see below ‘relevant dates and application process’). Any student enrolled at the Department of Law (including Erasmus students or other foreign students involved in exchange projects) are invited to join the selection process.


Course Learning Objectives
• To provide students with a proper understanding of international humanitarian law and its relevance in the regulation of armed conflicts. A preliminary set of lectures managed by Prof. Bartolini will permit students to get familiar with international humanitarian law and issues of public international law relevant for this course. It is not required for students to have previously attended courses on international humanitarian law or public international law.
• To permit students to professionally interact with international institutions acting in the area of international humanitarian law through the participation in research projects and clinical activities commissioned by organizations partners to the Roma Tre IHL Legal Clinic
• The IHL Legal Clinic is inspired by a ‘learning by doing’ approach permitting students to develop their competences in legal research, drafting, writing and organization of activities, to facilitate the transfer of theoretical analysis into a practical and humanitarian-oriented perspective.

Course Learning Activities:
To achieve the above objectives, students will have to:
• Actively participate in the projects of the IHL Legal Clinic;
• Acquire a sound knowledge of international humanitarian law also through the textbook.
• Engage in class discussions/debates.

Assessment tools and attendance policy:
Students will be assessed on the basis of their contribution to the projects carried out the IHL Legal Clinic and through a final review of their knowledge on international humanitarian law. Projects developed by the IHL Legal Clinic also require students to prepare draft reports and other preliminary material to be presented in class. Students are expected to participate in all classes.

2022/2023 Projects and activities of the IHL Legal Clinic:
The IHL Legal Clinic will be managed in two phases:
A) Students will get familiar with international humanitarian law: Prof. Bartolini will manage
a series of lectures aimed to make students familiar with international humanitarian law (October-mid November 2023 see calendar below). Presentations by external speakers as officers of the Armed Forces will also be arranged. Students will be required to get familiar with the textbook: Nils Melzer, International Humanitarian Law. A Comprehensive Introduction (downloadable here). Relevant sections of the textbook will be discussed in class.

B) Clinical activities: From mid-November onwards, students will start to manage research projects involving relevant stakeholders.
In particular students will work on:
- Partnership with the International Committee of the Red Cross: “International Humanitarian Law in Action” database (https://ihl-in-action.icrc.org/). Students elaborate reports aimed at identifying real case-studies on compliance with international by States and organized armed groups based on open-access information. The ICRC has received positive feed-backs on this new instrument, to be used in training and dissemination activities for armed forces/organized armed groups, students and civil society, and has made reference to it in the 2018 statement to the UN Security Council open debate on protection of civilians in armed conflict.
- The partnership with the NATO Legal Office at SHAPE (Supreme Headquarters Allied Powers in Europe) will imply cooperation in the activities of LAWFAS (Legal Advisors Worktop Functional Area System), an on-line platform managed within the NATO’s website aimed to facilitate document researches and ensure an easy access to all the relevant information for the legal community of several thousands of military officers and legal advisers linked with this on-line system from NATO countries and partner countries. Students are involved in the elaboration of desk-studies on relevant developments in international humanitarian law, as complemented by document materials, finally uploaded in the LAWFAS website (https://lawfas.hq.nato.int/Roma%20Tre/SitePages/Home.aspx) and circulate to the NATO legal community through specific newsletters. Past topics managed by the Roma Tre IHL Legal Clinic could be consulted below.
C) Participation in the IHL Red Project, managed in cooperation with the IHL Legal Clinics of Roma Tre, Leiden (Netherlands) and Bochum (Germany) as part of the EU-funded Project KA2. Students will have the unique opportunity to take part in a IHL exchange conference organized by Roma Tre University in cooperation with Bochum and Leiden IHL Legal Clinics (3 days in April or May 2024) to present their projects and attend IHL conferences and events involving leading experts. Costs of participation of students in this exchange conference will be covered by Roma Tre University

Nils Melzer, International Humanitarian Law. A Comprehensive Introduction (free download)

Economic inequalities are often at the center of public debate. But, what to mean exactly by economic inequalities and how to measure them? Furthermore, assuming that not all inequalities are unacceptable, how to distinguish between unacceptable and acceptable inequalities? Which criteria can we use? And, with respect to these latter how to redress them? Finally, doesn’t redressing economic inequalities compromise efficiency and growth? The course aims at addressing these questions, focusing, among the remedies, on the role of taxation.

The course is divided in 4 parts.

Part 1. The main dimensions of economic inequalities (with respect to the “what”, the “who”, the time-frame; the distinction between relative and absolute equality as well as the distinction between inequality and poverty……) and the main measures of economic inequalities.

Part 2. The main trends of economic inequalities in the OECD countries and the main drivers, with a focus on labour income and wealth.

Part 3: The main ethical justifications of economic inequalities (we will concentrate on the libertarian, the meritocratic and the different “egalitarian” arguments that have been made) and the implications for evaluating current inequalities.

Part 4. The role of taxation in curbing economic inequality. Complementarities and trade-off between efficiency and equity.

Parts 1-2: handouts available on moodle

Part 3: Nozick: https://plato.stanford.edu/entries/nozick-political/ (par.2, 3, 4); Tomasi: https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1744-540X.2012.00678.x; Roemer and Trannoy: https://pubs.aeaweb.org/doi/pdfplus/10.1257/jel.20151206; Granaglia: https://www.sciencedirect.com/science/article/pii/S0954349X19301523 (and handouts)

Part 4: Rosen Public Finance Chapters 14 (general remarks); 15, 18, 19, 21; Word Inequality Report, Chapters 7-8.

The course focuses on issues related to the financial statements preparation to complete the preparation of balance sheet and profit and loss account.
The course is divided into three theoretical modules; three final lectures dedicated to practice.
Module I –Accounting, Basic
Review of basic corporate financial reports and disclosures that serve as inputs to valuation analysis.
Module II – Accounting for complex operations
The module provides an analysis, evaluation and accounting treatment in the financial statements of specific transactions such as work in process on long-term contracts, transactions in foreign currency, leasing, vendor financing, factoring, repo operations, treasury stock, investments in associates and subsidiaries.
Module II – Shareholder capital & reserve management
The module is dedicated analysis and composition of shareholder equity in the Italian legislations (OIC 28) and the analysis of stakeholdings in associates and subsidiaries (OIC21). The analysis concerns the causes and effects of its variation and the constitution and use of the reserves. The module explores the information content of specific documents - such as Notes, Management Report, Risk report – and the process of approving the financial statements.

Key reading list
IAS 11, Construction Contracts
IAS 21, The Effects of Changes in Foreign Exchange Rates
IAS 17, Leasing
IAS 39, Financial Instruments: Recognition and Measurement
IAS 28, Investments in Associates and Joint Ventures

Websites
International Accounting Standards Board http://www.ifrs.org/Home.htm
UK Accounting Standards Board http://www.frc.org.uk/asb/

Interest rate risk: repricing gap, duration gap e clumping
Liquidity risk
Market Risk di: Value at Risk (VaR) parametric and simulation and Expected Shortfall
Credit risk: Scoring, Market based models, Portfolio models
Credit risk: Recovery rate, Loss Given Default
Internal rating models
Reputational risk
Operational risk
Cyber Risk
Systemic risk
Banking regulation: Basel I and Basel III

A. Resti e A. Sironi, Risk management and value creation in banks, Milano, EGEA, 2008 (RS)

The purpose of the course is to provide an introduction to the principles and norms of international law applicable to the inter-governmental organisations (IGOs). It discusses the essential topics of the law of international organisations, including powers, privileges and immunities, as well as membership rules, institutional structures, and accountability. There is a focus on the United Nations system, as the paradigmatic IGO, including the activities of the specialised agencies based in Rome. Special emphasis is placed on the interaction between universalism and regionalism. IGOs have developed into a pervasive phenomenon: a fundamental objective of the course is to develop a critical understanding of their impact vis-à-vis the current global challenges (big data, economic and financial crises, migration, armed conflicts, natural disasters, epidemics).

Course Schedule
Week 1: The rise of International Organisations: history and definition
Week2: Membership, voting and funding
Week 3: International Organizations and the law of treaties
Week 4: The International legal personality
Week 5: The doctrine of powers
Week 6: Institutional law-making: a new source of international law?
Week 7: The Treaty-making powers
Week 8: Sanctions and military operations
Week 9: International Organisations and digital technologies
Week 10: Issues of responsibility

J. Klabbers, An Introduction to International Organizations Law, 4th ed., Cambridge UP, 2022

The course includes lectures and exercises.
- Frontal lessons. Frontal lessons consist in explaining the techniques for drafting criminal law acts and opinions. We will also illustrate the theoretical framework of the principles and institutions of criminal law that are necessary for the resolution of the legal issues raised during the course
- Exercises. The exercises consist of four written tests: three will take place in the classroom and one at home.

A. Massaro (a cura di), Ultimissimi casi di diritto penale, Neldiritto, 2022.

- Commercial law as 'special law' in relation to 'ius commune' in the early modern age
- Merchants' law as customary law
- The need for standardisation of commercial law at the European level
- The doctrine of the "lex mercatoria
- Legislation of nation states and commercial law

Documents and slides provided in the course of the lectures will be used.

Due to the organized visits to correctional institutions and the workshop part, a maximum of 40 students are allowed to participate.
To register, therefore, it is necessary to send an e-mail to silvia.talini@uniroma3.it with personal information (place and date of birth).

For those attending:

-     S. Talini, La privazione della libertà personale, Editoriale Scientifica, Napoli, 2018
-     Marco Ruotolo, Silvia Talini (a cura di), Dopo la riforma: i diritti dei detenuti nel sistema costituzionale, Volume I, Editoriale Scientifica, Napoli, 2019 con esclusione di alcune parti che verranno specificate a lezione.

For non-attenders::

-     S. Talini, La privazione della libertà personale, Editoriale Scientifica, Napoli, 2018
-     Volume I, Marco Ruotolo, Silvia Talini (a cura di), Dopo la riforma: i diritti dei detenuti nel sistema costituzionale, Editoriale Scientifica, Napoli, 2019
-     Volume II, Marco Ruotolo, Silvia Talini (a cura di), Dopo la riforma: i diritti dei detenuti nel sistema costituzionale, Editoriale Scientifica, Napoli, 2019

The Course aims to address the following contents:
- Historical and geopolitical picture of China Evaluation of peculiarities and criticalities
- The Chinese legal system: between civil and common law
- Evolution of the Chinese legal system: from the dynasty period up to the codification
- Chinese language: peculiarities of legal terminology and translation problems
- Sources of the Chinese law: sources of production, sources of knowledge
- Role of jurisprudence: the Guiding Cases
- China's accession to the WTO
- Constitutional law
- General principles of the civil law
- Contract Law
- Direct and indirect forms of investments
- Intellectual property: Trademark Law and Patent law
- Chinese judicial system

Materials and handouts will be distributed during the lecture. Reference texts will also be provided.

The international, European and national declarations and regulatory acts related to business, environment and sustainability. The role of culture, innovation, technology and public investments with regard to these themes.

The relationship between the business and the precaution, prevention and "polluter pays" principles.

Corporate governance, environment and corporate social responsibility (CSR).

Organizational structures of the companies and compliance with environmental law. Internal audits. The audit and risk committee in listed companies.
Obligations and responsibilities of the corporate bodies and of the company in respect of remediation of contaminated sites.

The structure of the public institutions that support and monitor businesses at a national and local level.

The non-financial statement and the disclosure of non-financial information.

The complex relationship between company law and environmental protection. Return on investments and remuneration of directors and officers. The liability for remediation or compensation obligations after a merger or division or liquidation or transfer of company or business units.

The relationship between financial investments and environmental protection.

Innovation and environment related to the law and economics of start-ups.

Project finance, venture capital and investments in renewable energy.

The protection of environment in the law of the so-called social enterprise and in the regulation on business carried out by other third sector entities.

Benefit companies and sustainability.

The role of the company in the circular economy. Requirements and obligations with regard to the management of production residues.

The regulation on specific authorizations and unique environmental authorization.

The private law regulation of the damage to the environment procured by a company. The prospects for class action in environmental matters.

The environmental liabilities in bankruptcy law. The relationship between environmental law compliance and bankruptcy proceedings.

The reading material consists of the following writings (published in law reviews):

C. ANGELICI, Divagazioni sulla «responsabilità sociale» d’impresa, in Riv. soc., 2018, 3 ss.

S. FORTUNATO, L’informazione non-finanziaria nell’impresa socialmente responsabile, in Giur. comm., 2019, I, 415 ss.

M. MAUGERI, Informazione non finanziaria e interesse sociale, in Riv. soc., 2019, 992 ss.

G. MARASÀ, Scopo di lucro e scopo di beneficio comune nelle società benefit, in Orizzonti del diritto commerciale, 2017/2, 8 ss.

A. GUACCERO, La start-up innovativa in forma di società a responsabilità limitata: raccolta del capitale di rischio ed equity crowdfunding, in Banca, borsa, tit. cred., 2014, I, 699 ss.

M. STELLA RICHTER jr, Società benefit e società non benefit, in Orizzonti del diritto commerciale, 2017/2, 1 ss.

L. PAPI, Crisi del sistema “volontaristico” e nuove frontiere europee della responsabilità sociale d’impresa, in Riv. dir. comm., 2019, II, 109 ss.

D. STANZIONE, Profili ricostruttivi della gestione delle società benefit, in Riv. dir. comm., 2018, I, 487 ss.

The course aims to develop the skills of students in legal analysis and research aimed at the resolution of practical problems in international business disputes settled through arbitration.

The course is focused on the participation of the students to the Willem C. Vis International Commercial Arbitration Moot (written memorials, oral hearings, pre-moots, finals in Vienna).

The course provides students with specialized skills to approach complex practical legal problems as counsel, develop advocacy and accomplish teamwork.

Jörg Risse, Markus Altenkirch, Ragnar Herbst, Annette Keilmann, Lisa Reiser, "The Complete (but Unofficial) Guide to the Willem C Vis Commercial Arbitration Moot", Beck/Hart/Nomos, 6th edition, 2021.

Origins and development of religious freedom in the European context. Religious freedom in the law and political action of the Council of Europe. The competence and actions of the European Union The impact of secularization and multiculturalism: analysis and discussion with students of the most common religious conflicts through the case law of Cedu and CdUE, with particular reference to the relationship between religious pluralism and democratic society; neutrality and religious symbolism; freedom of expression and criticism v. protection of religious sentiment; educational freedom of parents/students v. educational power of the State; individual religious freedom v. rights of the enterprise and the ideological organization.

The participants will be provided with doctrinal texts, the sentences, and bibliographical indications of further study, also through the e-learning portal.

The new regulations and jurisprudence in criminal matters

The single-subjective and insolvency charge of negligent omission

Mezzetti, Diritto penale, Casi e materiali, Zanichelli, 2023.

The topics that will be covered in the lectures are as follows:

- The principles of the subject in light of the new Public Contracts Code
- Procurement procedures
- The phase of participation and selection of offers (regulation of exclusions)
- The National Anti-Corruption Authority (ANAC)
- Judicial protection

I materiali di studio e/o approfondimento saranno indicati dal docente a lezione

Lesson 1 - Friday 10th November 10h-12h
Lesson 2 - Thursday 16th November 16h-18h
Lesson 3 - Friday 17th November 10h-12h
Lesson 4 - Thursday 23rd November 16h-18h
Lesson 5 - Friday 24th November 10h - 12h
The course will host lectures by Shu Zhang (Senior Lecturer of Commercial Law at Deakin Law School, Melbourne) and Peng Guo (Lecturer in Law at Swinburne Law School, Melbourne)
Shu Zhang: https://www.deakin.edu.au/about-deakin/people/shu-zhang
Peng Guo: https://www.swinburne.edu.au/research/our-research/access-our-research/find-a-researcher-or-supervisor/researcher-profile/?id=pguo

Readings will be assigned during the course

Since this is a writing course there are no reference texts. The materials for the practical tests will be provided in class

Since these are writing courses there are no reference texts
The material for the preparation of the practical tests will be provided in class

The course deals with the drafting of topics and the drafting of administrative law opinions

there are no reference texts as they are writing courses

CALENDAR OF MEETINGS TRAINING ACTIVITIES


MEETING I (2 hours)
The incidental trial and the conduct of the public hearing (only for those not taking the Constitutional Trial Law course)

II MEETING (2 hours)
The acts of the incidental trial

III MEETING (2 hours)
Illustration of the case for mock trial

IV MEETING (2 hours)
Illustration of the case for the public hearing (only for those attending the visit)

V MEETING (2 hours)
Correction of party briefs (only for those playing the role of party counsel)

VI MEETING (2 hours)
Correction of the State's attorney's briefs (only for those interpreting the role of state's attorney)

VII MEETING (4 hours)
Participation in the Public Hearing (not mandatory)

VIII MEETING (2 hours)
Conduct of the mock trial

IX MEETING (2 hours)
Correction of the judgment (only for those playing the role of constitutional judge)

Le cours part de l'étude de la tradition juridique française à la fin de l'époque moderne pour s'intéresser plus particulièrement à la période contemporaine et au travail de codification qui a caractérisé le monde occidental, et au-delà, au cours du 19e et 20e siècle.

Jean-Louis Halpérin, L'impossible Code civil, PUF, 1992

The course will focus to the main institutes of contract law, concerning its general part as well as the analysis of the main types of contacts and the most common contract clauses in practice. The students will be asked to participate in class through specific exercises aimed at understanding how to translate the theoretical notions into practice.

TEXTS AND TOPICS OF FOCUS WILL BE GIVEN DIRECTLY FROM PROFESSOR DURING THE LESSONS.

This Legal Clinic aims to prepare students for participation in the most important Moot Court Competition in EU law, in which approximately one hundred universities from all continents participate each year. It includes the drafting of applicant and defendant documents in English, according to the Court's rules of procedure. In the event of success in the written preliminary stages, the teams will participate in four regional finals. In the event of success in the regional finals, the Team advances to the grand final, which takes place in Luxembourg before the judges of the Court of Justice. The regional finals and the grand final take place on the basis of oral hearings, held in English and French, according to the Court's rules of procedure.
Students learn how to draft legal documents in foreign languages and how to argue in court (in English and French) on the basis of an in-depth study of the case and related case law.

Law and the Humanities, Fall Semester (October-December 2022)

Lessons will start on Monday, 3rd October 2022, h. 12.00-13.30, Classroom no. 5
Class schedule: Monday, Tuesday and Wednesday h. 12.00-13.30
The lessons will be held in presence on Mondays and Tuesdays, and will be online on Wednesdays
Reading materials will be uploaded on the Roma Tre Moodle platform

Schedule of Lessons:

3 October 2022
Beginning of the course: introductory lecture on Law and Humanities and explanation of how the course works

3-5 October 2022
prof. Kaius Tuori (University of Helsinki)
"Law and the Roman Legal Legacy"

10-12 October
prof. Andrew Cecchinato
"Law and Truth: the Interaction between Law and Truth in the Thought of John Selden (16th-17th c.)"

17-19 October 2022
prof. Sara Menzinger (University of ‘Roma Tre’)
"Law and Fiction: the reinvention of legal fiction in the 12th century"

24-26 October 2022
prof.ssa Serena Ammirati (University of ‘Roma Tre’)
“Law and Paleography: Transmitting and Reconstructing Law in the Latin West: from papyri to digital data”

2 November 2022: Midterm Exam

7 November 2022
prof. Giorgio Resta (University of ‘Roma Tre’)
"Law and Music: Introduction"
8-9 November
prof. Emanuele Conte (University of ‘Roma Tre’)
"Law and Music: the Constitutional Function of National Music"

14-16 November 2022
prof. Teresa Numerico (University of ‘Roma Tre’)
"Law, Algorithms and Predictive Justice"

21-23 November 2022
prof. Stefania Gialdroni (University of Padova)
""Law, Architecture and the Iconography of Justice"

28-30 November 2022 (University of Amsterdam)
prof. Marc de Wilde
"Law and History"

5-7 December 2022
Final oral interviews

Every thematic week will be associated to introductory papers which will be progressively uploaded on the ‘Roma Tre’ Moodle platform.

The purpose of the course is to provide an introduction to the principles and norms of international law applicable to the inter-governmental organisations (IGOs). It discusses the essential topics of the law of international organisations, including powers, privileges and immunities, as well as membership rules, institutional structures, and accountability. There is a focus on the United Nations system, as the paradigmatic IGO, including the activities of the specialised agencies based in Rome. Special emphasis is placed on the interaction between universalism and regionalism. IGOs have developed into a pervasive phenomenon: a fundamental objective of the course is to develop a critical understanding of their impact vis-à-vis the current global challenges (big data, economic and financial crises, migration, armed conflicts, natural disasters, epidemics).

Course Schedule
Week 1: The rise of International Organisations: history and definition
Week2: Membership, voting and funding
Week 3: International Organizations and the law of treaties
Week 4: The International legal personality
Week 5: The doctrine of powers
Week 6: Institutional law-making: a new source of international law?
Week 7: The Treaty-making powers
Week 8: Sanctions and military operations
Week 9: International Organisations and digital technologies
Week 10: Issues of responsibility

J. Klabbers, An Introduction to International Organizations Law, 4th ed., Cambridge UP, 2022

This course offers students the opportunity to work on complex and cutting-edge questions of international law through preparation for, and participation in, a distinguished international law moot competition. In the process, students will develop and refine advanced legal research and advocacy skills. The moot competitions will usually include the Philip C Jessup International Law Moot Court Competition, the pre-eminent global mooting competition in international law. Students will be expected to attend sessions on research methodology, and then to undertake intensive research in international law, prepare written submissions and develop oral submissions which are then refined through mooting practice.
At the end of this course, students will be able to:
- undertake international legal research
- analyse and synthesise international legal information and materials
- apply international law to complex issues, and critique the law from a practical perspective, either individually or as part of a team
- prepare appropriate and practical written and oral arguments for a specialist legal audience
- reflect on their abilities to effectively undertake legal work as a member of a team.

Students will receive a reader which will include selected articles and excerpts from relevant literature on methodology in legal research

The course aims at providing students with the most relevant notions of US company law, focusing mainly on corporations and investigating the following areas:
- incorporation and its effects
- financial structure and corporate finance
- organizational structure
- directors’ duties
- transactions on corporate control.

Programma del corso
Introduction to US company law – double sovereignty (state and federal) – the role of equity.
The role of law in regulating companies – Model acts – Uniform acts.
The formation of corporations – the incorporation – the choice of the state of incorporation – regulatory competition – “race to the top” and “race to the bottom” – internal affairs doctrine – the effects of incorporation – limited liability – operations before incorporation and in case of defective incorporation.
Limited liability – the economic reasons of limited liability and its rationale – the effects on creditors – the abuse of the corporate form – piercing the corporate veil – the case of corporate groups.
The financial structure of the corporation (1) – common stock and preferred stock – the authorization and issuance of stock – pre-emptive rights – the policy of dividends and the role of courts.
The financial structure of the corporation (2) – debt securities – bonds and debentures – powers of vote.
The organization of corporations (1) – shareholders’ powers – voting power – fundamental changes – business combinations – sale of all or substantially all of corporate assets – shareholders’ rights.
The organization of corporations (2) – the board of directors and its committees – executive compensation and the case of stock options – directors’ duties – business judgment rule – duty of care – duty of loyalty – duty of good faith.
Transactions on corporate control – hostile takeovers – the role of management and shareholders’ powers – corporate defenses – Delaware law and the role of Delaware courts.

Metodi didattici
The course is based on interactive lessons. Students are encouraged to participate in the discussion of cases and legal materials presented during the classes. Furthermore, students are requested to present cases to the class. Lectures of US professors are also planned.

Modalità di verifica dell’apprendimento
Students’ evaluation shall be based on both class work/contribution and on an oral final exam.

N.B. IL CORSO FA PARTE DEL PROGRAMMA "STUDYING LAW AT ROMA 3" DOVE LA FREQUENZA È OBBLIGATORIA. PER QUESTO MOTIVO GLI STUDENTI CHE VOGLIONO FREQUENTARE IL CORSO DEVONO EFFETTUARE LA PRE-ISCRIZIONE

Readings and course materials shall be provided during the course.

TThe IHL Legal Clinic permits selected students involved in the International Humanitarian Law course at the Roma Tre Law Department both to cooperate on pro bono projects with leading international and national institutions operating in the area of international humanitarian law and acquire significant skills and a humanitarian-oriented approach beneficial for their competences, future activities and civil awareness.
The IHL Legal Clinic aims to put students to the test of humanitarian and legal challenges raised by contemporary armed conflicts and other crisis through cooperative projects with relevant stakeholders.


As for the 2018-2019 academic year planned projects will involve, for instance, cooperation with the International Committee of the Red Cross and the NATO SHAPE Legal Office and Amnesty International.
For further info see http://studylaw.uniroma3.it/international-humanitarian-law-legal-clinic_c10029.aspx

Students will receive the relevant materials during class.

This activity is connected to the course Comparative Competition Law, taught in English, which focuses on competition law from a comparative perspective (with particular reference to the European Union and the United States). It aims to provide students with the tools for understanding antitrust policies and their concrete implementation through the study of EU and U.S. legislation, case law and enforcement practice. In addition to dealing with individual cases, the course includes in-depth study of specific topics related to sectors of interest (including digital markets) and the intersections between competition law and other areas of law, such as intellectual property law. In addition, the course provides for the active participation of students in the analysis and discussion of relevant case law and in the simulation of trials.

In addition to cases examined during lessons, a selection of readings will be recommended, mainly from the following textbook:

R. Whish – D. Bailey, Competition Law, Oxford University Press 2021- selected chapters

The course:

The Legal Clinic on Migration and Asylum is a complementary course (7 CFU), structured in three modules, with mandatory class attendance.

The first module (3 CFU) includes 24 hours of lessons dedicated to immigration and international protection laws, both domestic and supranational.

The second module (3 CFU), formed by 24-hour seminar lessons, provides students with an introduction to critical studies on citizenship, migration, and borders.

The third module provides an 8-hour internship at the Clinic's Legal Helpdesk, in which students are engaged in activities of legal advice to migrants and asylum seekers under the supervision of lawyers specialized in immigration law.




The project:
Founded in 2010, the Roma Tre Legal Clinic on Migration and Asylum (Clinica del Diritto dell’Immigrazione e della Cittadinanza) is one of the first clinical courses established in Italy. It combines experimental learning, research, and public engagement.

First in Italy, in 2012 the Clinic set up a public “Legal Helpdesk" where law students are directly involved in providing information and legal assistance to migrants and asylum seekers under the supervision of immigration lawyers. Each year, the Clinic’s Front Office follows up on an average of 120 asylum claims and immigration cases. Thanks to the support of private foundations and European funding, the Clinic provides annual scholarships that allow selected students to collaborate with the Clinic’s Front Office as Junior Assistants and tutors of the new students.

Since its establishment, the Clinic has carried out several research projects and advocacy activities that have had an impact at the national and international levels. Between 2014 and 2016, the Clinic coordinated the ‘Lexilium project’, a national research on judicial decisions on migrant detention. The results of the research have been quoted by the 2014 International Commission of Jurists’ report ‘“Undocumented” Justice for Migrants in Italy’. The Clinic was also heard by the Group of Experts on Trafficking of the European Council (Greta) and by the UN Special Rapporteur on the right to food. In 2022, the Clinic engaged with the UN Special rapporteur on the situation of the human rights defenders resulting in a joint statement by three UN Special rapporteurs calling on the Italian Government to stop criminalizing solidarity with migrant people.

The Clinic is a member of the Italian Network of Law Clinics and of the European Network for Clinical Education (ENCLE), and it collaborates with several law firms, NGOs, and associations at the national and international levels.

The study of textbooks is not foreseen. The lecturer will provide students with teaching materials and documents in support of clinical-legal activities.

See the course 20110468 Economics, Ethics and Social Justice

See the course 20110468 Economics, Ethics and Social Justice

The Course aims to address the following contents:
- Historical and geopolitical picture of China Evaluation of peculiarities and criticalities
- The Chinese legal system: between civil and common law
- Evolution of the Chinese legal system: from the dynasty period up to the codification
- Chinese language: peculiarities of legal terminology and translation problems
- Sources of the Chinese law: sources of production, sources of knowledge
- Role of jurisprudence: the Guiding Cases
- China's accession to the WTO
- Constitutional law
- General principles of the civil law
- Contract Law
- Direct and indirect forms of investments
- Intellectual property: Trademark Law and Patent law
- Chinese judicial system

Materials and handouts will be distributed during the lecture. Reference texts will also be provided.

Le cours part de l'étude de la tradition juridique française à la fin de l'époque moderne pour s'intéresser plus particulièrement à la période contemporaine et au travail de codification qui a caractérisé le monde occidental, et au-delà, au cours du 19e et 20e siècle.

Jean-Louis Halpérin, L'impossible Code civil, PUF, 1992

THE COURSE WILL FOCUS ON THE ANALYSIS OF THE STRUCTURE OF PRODUCTION OF SOURCES OF LAW IN DIFFERENT HISTORICAL PERIODS OF THE EVOLUTION OF ROMAN LAW, IN PARTICULAR WITH REGARDS TO THE ACTIVITIES OF JURISTS AND TO THEIR ARGUMENTATIVE TECHNIQUES IN THE FIELD OF MODES OF ACQUISITION OF OWNERSHIP 'PURE GENTIUM'. THE STUDY OF ROMAN JURISPRUDENCE AND OF ITS METHOD ASSUMES PARTICULAR IMPORTANCE IN THE ANALYSIS OF THE WESTERN LEGAL TRADITION AS THE PRODUCT OF JURISPRUDENCE INTERPRETATIO CONSTITUTES THE MOST SIGNIFICANT AND HISTORICALLY PART OF THE JUSTINIAN CORPUS JURIS CIVILIS, WHICH DEPARTS FROM THE EUROPEAN SCIENTIA IURIS .

THE COURSE CONSISTS OF TWO PARTS: A GENERAL PART (3 CFU) AND A SPECIFIC PART (4 CFU). IT IS NORMALLY REQUIRED TO ATTEND THE CLASSES.
THIS PART WILL FOCUS ON THE DIACHRONIC ANALYSIS OF THE SYSTEM OF SOURCES OF LAW, PARTICULARLY WITH REGARDS TO THE RELATIONSHIP BETWEEN JURISPRUDENCE AND OTHER SOURCES OF PRODUCTION RELATED TO THE DIFFERENT INSTITUTIONAL ARRANGEMENTS.
SPECIFIC PART (4 CFU)

THIS PART WILL BE DIRECTED TO INVESTIGATE THE MODES OF ACQUISITION OF PROPERTY 'PURE GENTIUM' IN THE RES COTTIDIANAE OF GAIUS AS WELL AS IN THE TITLE 'DE ADQUIRENDO RERUM DOMINO' OF THE DIGEST (D. 41,1), THROUGH THE EXEGESIS OF JURISPRUDENTIAL SOURCES, SPECIFICALLY SELECTED ACCORDING TO THE CASUISTIC FRAMEWORK OF THE COURSE, WHICH WILL BE DISTRIBUTED IN CLASS ACCOMPANIED BY THEIR TRANSLATION AND BIBLIOGRAPHIC INDICATIONS.

STUDENTS THAT CANNOT ATTEND THE CLASSES MUST PREPARE THEMSELVES FOR THE EXAM ON THE FOLLOWING TEXTS:
PARTE GENERALE
C.A. CANNATA, PER UNA STORIA DELLA SCIENZA GIURIDICA EUROPEA.I. DALLE ORIGINI ALL'OPERA DI LABEONE, TORINO, 1997.
PARTE SPECIALE:
P. VOCI, MODI DI ACQUISTO DELLA PROPRIETÀ (CORSO DI DIRITTO ROMANO), MILANO, 1952 (PRINT ON DEMAND BY CASA EDITRICE GIUFFRÈ, MILANO)
OR:
C.A. CANNATA, CORSO DI ISTITUZIONI DI DIRITTO ROMANO, I, TORINO, 2001, PP. 151 – 555

The course aims to offer a broad, multi-disciplinary view of law. Law cannot be analysed, studied, understood using only the categories of positive law itself. Law is in itself a social phenomenon. In addition to a normative reading of the content of law, historical, social, political, economic and cultural observation is always desirable. During the course, an in-depth look at the semantic fields of peace and war, human rights, state sovereignty, criminal justice and imprisonment will be taken.

For students who do not attend the course

1) Sociologia del diritto di Giuseppe Campesi, Luigi Pannarale, Ivan Populizio, Le Monnier, 2017
2) Patrizio Gonnella, Dario Ippolito (a cura di).Bisogna aver visto. Le carceri nella riflessione degli antifascisti. Edizioni dell'Asino, 2019
oppure
Sigmund Freud, Albert Einstein. Perchè la guerra. Bollati Boringhieri, 1997

GIVE AN INTEGRATED TRAINING OF RELATIONS BETWEEN LAW AND ECONOMY WITH SPECIAL REFERENCE TO THE PROVISIONS OF PUBLIC ECONOMIC EVENTS:
1. LE REGOLE DELLO SCAMBIO ECONOMICO (LA GOVERNANCE SOCIETARIA, LA CONCORRENZA, L'ATTIVITÀ FINANZIARIA);
2. LE REGOLE PER L'EFFICIENZA ALLOCATIVA (IL MERCATO DEI BENI PUBBLICI: LE RETI E I SERVIZI; LE INFRASTRUTTURE);
3. LE REGOLE PER LE POLITICHE DISTRIBUTIVE (LA POLITICA FISCALE, LA POLITICA DI BILANCIO E LA POLITICA TRIBUTARIA).

CARDI E., MERCATI ED ISTITUZIONI IN ITALIA, GIAPPICHELLI, TORINO, V EDIZIONE 2022

MAIN TOPICS: FUNCTIONALITY OF PARLIAMENT AND EVOLUTION OF ITS ROLE. THE
SOURCES OF PARLIAMENTARY LAW - THE LEGISLATIVE FUNCTION - THE KNOWLEDGE FUNCTION-
INSPECTIVE - THE POLITICAL ADDRESS FUNCTION

Decisions nn.
-1/2014 on the electoral system.
-422/1995, 49/2003 E 4/2010 on political representation.
-22/2012 E 32/2014.
-120/2014.
-262/2017.

Reference Texts

S. M. CICCONETTI, DIRITTO PARLAMENTARE, GIAPPICHELLI, 2019

and two essays to choose from


1) N. LUPO, IL PRECEDENTE NEL PARLAMENTARISMO MAGGIORITARIO (P. 1-22), IN N. LUPO (A CURA DI), IL PRECEDENTE PARLAMENTARE TRA DIRITTO E POLITICA, IL MULINO, 2013.

2) E. GIANFRANCESCO, I PRECEDENTI: DA INTERNA CORPORIS AD ATTI DEL DIRITTO PARLAMENTARE (P. 269-303), IN N. LUPO (A CURA DI), IL PRECEDENTE PARLAMENTARE TRA DIRITTO E POLITICA, IL MULINO, 2013.

3) M. MANETTI, I LIMITI DELLA POLITICA NEL DIRITTO PARLAMENTARE (P. 305-329), IN N. LUPO (A CURA DI), IL PRECEDENTE PARLAMENTARE TRA DIRITTO E POLITICA, IL MULINO, 2013.

The course will focus on the detailed and "monographic" analysis of individual institutions and topics already addressed during the course of labor law.
In particular, it will cover some issues that concern, on the one hand, the major themes of labor law, such as, for example, the issue of collective bargaining between freedom of choice of applicable law and minimum standards of treatment to be provided to the employees, or even the topic of the protection provided under labor law in response to the changes in the organization of business produced by new technologies and the global market, and the issue of waivers and transactions entered into by the workers and, on the other hand, the in-depth examination of individual controversial aspects of employment law such as fixed-term employment, procurement and secondment, collective dismissals or the possible devolution of employment disputes to arbitrators, and, furthermore, the most recent debate on citizenship income, minimum wage and work-life balance.

R. PESSI - G. PROIA - A. VALLEBONA, Approfondimenti di diritto del lavoro, Torino, Giappichelli, 2021.

The course will focus on the study in a"monographic" manner of individual institutes and topics already studied during the course of labor law.
In particular, we will address some problems that touch, on the one hand, the major issues of labor law, such as, for example, the issue of collective bargaining between freedom of choice of the applicable discipline and minimum standards of treatment to be ensured for workers, or even the issue of the protection of labor law in front of changes in the business organization due to new technologies and the global market, and the issue of renunciations and transactions made by workers and, therefore, of the mandatory protection and unavailability of rights, on the other hand, the deepening of individual controversial institutions of the matter such as fixed-term work, contracts and secondments, collective dismissals or the possible devolution of labor disputes to arbitrators, and, on the other hand, the more recent debate on citizenship income, minimum wage and termination of life and work times.

R. PESSI - G. PROIA - A. VALLEBONA, Approfondimenti di diritto del lavoro, Torino, Giappichelli, 2021.

The sources of agrarian law.

Land ownership in the Constitution, the Civil Code and special legislation (obligations, constraints and duties for the owner, special ways of acquiring direct farming property, special forms of succession by death).

The agricultural enterprise (primary and related activities, statutes of agricultural and equivalent enterprises also in relation to subjective requirements, agricultural producer organisations and interprofessional organisations).

Agri-food law. Food labels. Food safety. Unfair commercial practices.

Animal husbandry and protection.

Farming and related contracts (supply chain agreements, framework contracts, cultivation, breeding and supply contracts, contracts for the transfer of agricultural and food products).

Agricultural market interventions and the regulation of competition in agriculture.

Quality agri-food products.

Agrarian contracts for cultivation and breeding.

Agriculture, environmental protection, renewable energy

Lezioni di diritto agrario contemporaneo, a cura di G. Pisciotta Tosini, Giappichelli, 2023

or

A. Germanò, Manuale di diritto agrario, Giappichelli, 2022

or

A. Ciatti Caimi, Corso di diritto agrario, Zanichelli, 2022

The course will deal with the concept of 'sources of law', analyzed in regard to its role within the more comprehensive concept of law, and also in regard to its relations with the domain of legal interpretation. Moreover, the political implications of the various theories of sources of law will be explored.

G. Pino, Teoria analitica del diritto II. Legalità e fonti del diritto, ETS, Pisa 2023 (in press, available in May 2023)

A) History and development of the Italian Administrative Process. The normative evolution: from the Law of 1865 nr 2248 to the Code of Administrative Process (legislative decree of 2010 nr 104).
The role of the UE in the evolution of the Italian Administrative Process
B) Administrative Remedies
C) The judicial review
D) Other Administrative Judges (Corte dei conti and TRIBUNALE SUPERIORE DELLE ACQUE)
E) Alternative Dispute Resolution Remedies in the field of Administrative Law

M.A. SANDULLI (a cura di) Il giudizio amministrativo. Princìpi e regole, Napoli, 2024

Limitatamente alle seguenti parti (escluse le parti dei §§ che iniziano nella pag. finale indicata):

CAP I : Introduzione pp. 1-22

CAP II : Giurisdizione pp. 45-94

CAP III: Principi generali pp. 111-126, 130-146

CAP IV : La competenza pp. 147-169

CAP V: Le condizioni dell’azione pp. 181-192, 195-201

CAP VI: Le azioni proponibili in sede di cognizione pp. 205-228, 232-244, 250-265,270-286

CAP VII: tutto pp. 311-355

CAP VIII: NO

CAP IX: La fase introduttiva pp. 375-402, 405-426

CAP X: La domanda cautelare pp. 445-478

CAP XI: La fase istruttoria pp. 485-496

CAP XII: La fase decisoria pp. 525-547

CAP XIII: Le vicende anomale: i rinvii pregiudiziali pp. 574-580, 588-594

CAP XIV: Le impugnazioni pp. 595-623, 625-633, 643-646, 649-650

CAP XV: La cosa giudicata pp. 653-655

CAP XVI: Il giudizio di ottemperanza pp. 663-696

CAP XVII: I riti speciali pp. 701-711 (accesso) e 722-729 (rito speciale accelerato comune a determinate materie)

The course aims to define the principle phases of the development of western contemporary legal systems. Particularly we will describe the political, economic and cultural basis of constitutionalism and codification from the Old Regime to the recent evolutions.

1) E. Dezza, Lezioni di storia della codificazione civile, Torino, Giappichelli, 2000
2) P. Alvazzi del Frate, Giustizia e garanzie giurisdizionali, Torino, Giappichelli, 2011
3) Fonti per il corso di storia delle codificazioni moderno, a cura di P. Alvazzi del Frate et al., Torino, Giappichelli, 2023

The course aims to initiate a critical interpretation of Roman political and legal history, in particular through the reading of ancient sources and the examination of modern historiographical interpretations.
The course is intended to be a synthetic exposition of the law-legal phenomenon relating to the historical-political reality of Rome, from the origins of the primitive civitas to the empire of Justinian
Topics covered:
1. Main characteristics of the periods of development of Roman public law (10 h.);
2. Constitutional right and administrative law in the various periods of Roman history (20 h.)
3. Criminal law (10 h.)
4. Sources of Roman law (10 h.)
5. Medieval, modern and contemporary publicistic juridical categories (6 h.)

L. FASCIONE, Manuale di diritto pubblico romano (2a ed.), Torino, 2013.

DEFINITION OF INTERNATIONAL CRIMINAL LAW – RULE OF LAW AND RELATED PRINCIPLES – STRUCTURE OF INTERNATIONAL CRIMINAL RESPONSIBILITY – SINGLE CRIMES: GENOCIDE AND CRIMES AGAINST HUMANITY; WAR CRIMES; AGGRESSION – BASIC RULES OF THE INTERNATIONAL CRIMINAL COURT.

Strutture del diritto penale internazionale, Giappichelli, 2018

The course is divided into the analysis of the following topics:
FIRST PART: Historical introduction and basic concepts (Constitutional profiles of social rights to health and social assistance, History of Italian health system in a national and comparative perspective);
SECONDO PART: Health planning, social service planning and essential care levels (LEAs); the division of legislative and administrative competences and the links between State and local authorities; The organization of the National Health Service and Regional Health Service;
THIRD PART: Practical issues related to Health law (Patients’ rights in cross-border healthcare and inter-regional healthcare; the liability of the medical structures; competition law and health law; commerce of pharmaceutical products).

Students can choose between two textbook:
1) A. PIOGGIA Diritto sanitario e dei servizi sociali, Giappichelli, Torino, 2020
only the following chapters
CAPITOLO I
I DIRITTI SOCIALI ALLA SALUTE E ALL’ASSISTENZA
CAPITOLO II
LE FONTI DEL DIRITTO SANITARIO E DEI SERVIZI SOCIALI
CAPITOLO III
IL SISTEMA SANITARIO

2) C. BOTTARI, La tutela della salute: lavori in corso, Giappichelli, Torino, 2020
only the following chapters
CAPITOLO I
NASCITA ED EVOLUZIONE DELL’ORGANIZZAZIONE SANITARIA NAZIONALE E DEL DIRITTO ALLA TUTELA DELLA SALUTE
CAPITOLO II
L’ORGANIZZAZIONE DELL’ASSISTENZA
CAPITOLO III
IL FINANZIAMENTO
CAPITOLO IV
IL SISTEMA DI EROGAZIONE DELLE PRESTAZIONI SANITARIE
CAPITOLO X
IL CONSENSO NEL TRATTAMENTO TERAPEUTICO

For attending students, there is a different modulation of the program that will be indicated in class in connection with their active participation in the course.
For all students, the documents uploaded to e-learning constitute further study material.

Basic concepts in risk management and insurance
Insurance regulation
Insurance Company Operations
Life Insurance
Property and casualty insurance

George E. Rejda, Michael McNamara (2013) Principles of Risk Management and Insurance (12th Edition) (Pearson Series in Finance)

1. PRELIMINARY CONCEPTS Money, time and risks. Present and future value, principal and interest. Contracts, exchange, prices. The risks.

2. FOUNDATIONS OF FINANCIAL CONTRACTS EVALUATION
2.1 EVALUATION IN CERTAINTY CONDITIONS Financial laws in certainty conditions. The exponential law. Annuities and mortgages. Internal rate of return on a financial transaction. Theory of financial equivalence laws.
2.2 FINANCIAL OPERATIONS IN THE MARKET. Value function and market price. The term structure. Duration indices and variability indices. Arbitrage valuations of floating rate notes. Interest Rate Swap. Term structure measurement. Term structure evolution. Introduction to financial options. Basic elements on equity options. Basic elements on traditional life insurance contracts.

David G. Luenberger
Investment Science
Oxford University Press (any edition)

Annamaria Olivieri, Ermanno Pitacco
Introduction to Insurance Mathematics
Springer, 2011

1. PRELIMINARY CONCEPTS Money, time and risks. Present and future value, principal and interest. Contracts, exchange, prices. The risks.

2. FOUNDATIONS OF FINANCIAL CONTRACTS VALUATION
2.1 VALUATION IN CERTAINTY CONDITIONS Financial laws under certainty conditions. The exponential law. Annuities and mortgages. Internal rate of return of a financial transaction. Theory of financial laws.
2.2 FINANCIAL OPERATIONS IN THE MARKET. Value function and market price. The term structure. Duration indices and variability indices. Arbitrage valuation of floating rate notes. Interest Rate Swap. Term structure measurement. Term structure evolution. Introduction to financial options. Basic elements on equity options. Basic elements on traditional life insurance contracts.

David G. Luenberger
Investment Science
Oxford University Press (any edition)

Annamaria Olivieri, Ermanno Pitacco
Introduction to Insurance Mathematics
Springer, 2011

The course’s analitic lineaments will pursue a diachronic recognition of the justice’s evolution during various centuries, according to a non linear ermeneutic path and its whole empirical-practical experiences.
In particular, the examination of the juridical system and the rituals that abide to the trial will take place in a non uniformal historical – juridical standard, which contemplate a compositive and extrajuridical resolution of conflicts, with afflictive penalties, and that will coexist until the beginning of the XIII century, with the birth of ordines iudiciarii and the strict formalization of the usual phases of the roman – canonical’s procedures.
It will be transformed in details by local laws, even though the trial’s general process will remain the same through centuries.
Next we will consider the newest changes and the firsts criminalistic science’s speculations which the Ancien Regime’s legal practice will refer to.
The course will also analize the new juridical system’s profiles, the usual normatives and the main istitutes that mark, in their gradual and progressive being, the second Modern Age until the last outcome deriving from the juridical enlightment, following an european path.

Referral texts for non-attending students

The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com


M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna

M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII

Il programma comprende inoltre lo studio dei capitoli delle seguenti monografie:

M.VALLERANI, La giustizia pubblica medievale, Bologna, 2005(capp. I e II)

M.ASCHERI, Tribunali, giuristi e istituzioni, Bologna, 1989 (capp. I-II-III)


Referral texts for attending students:

For attending students the final exam will focus on the lecture notes indicated below. Alternatively students can write and discuss an essay about one of the topics covered during the course. The essay must be arranged with the professor.

The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com

M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna

M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII

Topics that will be covered in the course: 1. Children’s rights in international acts and in the EU legislation – 2. Child protection between administration and jurisdiction – 3. Child protection: competencies’ distribution between central authority and local authorities – 4. Administrative protection of the child: (in Italy) social services, foster communities’ activities and family support. – 5. Children and trial – 6. Children and the right to be heard – 7. Children and the protection of vulenrability – 8. The protection of children with disabilities – 9. The protection of children with imprisoned mothers – 10. The protection of nomadic children – 11. The protection of the foreign children – 12. Children and humanitarian protection – 13. Unaccompanied children – 14. Children and denial of refugee status – 15. Children and issues related residence permit – 16. The children’s right to a family status: the right to grow up in one’s own family – 17. Children’s family relationships – 18. Parental responsibility – 19. The custody of children with family difficulties – 20. The right to a substitute family (adoption) – 21. Children’s right to build his or her own family – 22. The rights of the child in social life (the rights of citizenship) – 23. Children and violence – 24. The child’s right to health – 25. Children’s right to education – 26. Bullying and cyberbullying – 27. Privacy and children rights.

ETTORE BATTELLI, Diritto privato delle persone minori di età, Giappichelli, Torino, 2021

The Professor will supply all the required materials (mainly slides and notes) available on the e-learning platform.

The course is divided in two parts. The first part covers the history of the social security matter and provides a brief review of the political, sociological and economic theories, analyzing the origin and the development of the Italian welfare system.
The course focuses on the principal characters of the welfare system in its transformations within the last twenty years.
The second part of the course aims at rebuilding the legal system of the Italian welfare system with particular emphasis on the development and reforms of the Italian pension system. The second part of the course also focuses on the link between public and private welfare under Italian law, with particular regard to the development of the complementary allowances (so-called “previdenza complementare”).

*****

Student who followed the course on social security economy shall replace the first part of the course with an essay on a particular topic chosen in agreement with Professor.

Students coming from degree courses in economics may have to integrate the basic program with further material to reach the 9CFU.

- B. DOUGLAS BERNHEIM, MICHAEL D. WHINSTON, MICROECONOMIA, SECONDA EDIZIONE, MILANO, MCGRAW HILL, 2013 (ONLY SECTIONS 9,10 AND 20);
- NICHOLAS BARR, ECONOMICS OF THE WELFARE STATE, OXFORD, OXFORD UNIVERSITY PRESS, 2012 (ONLY SECTIONS 3,4 AND 7);
- PAOLO BOSI (A CURA DI), CORSO DI SCIENZA DELLE FINANZE, SESTA EDIZIONE, BOLOGNA, IL MULINO, 2012 (ONLY SECTIONS 1 AND 8).

- ROBERTO PESSI, LEZIONI DI DIRITTO DELLA PREVIDENZA SOCIALE, PADOVA, CEDAM, 2024 (ONLY SECTIONS I, VII, VIII, IX, X, XI, XII, XIII e XIV. However, it is also recommended to read sections II to VI)

STOCHASTIC CASH-FLOWS AND INSURANCE CONTRACTS
Expected Value Criterion
Utility Function
Expected Utility Criterion

BASIC DISTRIBUTION MODELS IN LIFE INSURANCE
Random Future Lifetime of a Life aged x
Life tables

LIFE INSURANCE: PRICING
Elementary life insurance products
Survival benefits
Death benefits
Endowment insurance products
Single premium and periodic premiums. Natural premiums

LIFE INSURANCE: RESERVING
Net Premium Reserve. Prospective Reserve
Retrospective Reserve
The time profile of the policy reserve
Recursive equations. Risk and savings
Homans’ Formula. Expected Profit

EXPENSE LOADINGS
The Expense-Loaded Premium
Expense-Loaded Premium Reserves
Counterinsurance

---

PENSION PLANS
Social security framework
Contributions and benefits
Funding system
Benefits calculation
Demographic risks
System sustainability
Contributions calculations
Supplementary pension schemes
Old-Age, Survivors and Disability Insurance (OASI/IV) scheme
Exact Individual Trajectories (E.I.T.)

Annamaria Olivieri, Ermanno Pitacco
Introduction to Insurance Mathematics
Springer, 2011

The Course is divided into five sections:
I. General overview of the most important systems of administrative law around the
world.
II. The role of government, public powers and human rights.
III. Delegation, expertise and contracting out.
IV. The regulation of administrative action. Cost-benefit analysis, administrative
procedures and transparency.
V. Judicial review and administrative litigation.

Required reading for the class discussion

Napolitano, Giulio, “Comparative Administrative Law. Cases and Problems.”
(2024).

Suggested preliminary readings

Bignami, Francesca. "Comparative Administrative Law." The Cambridge
Companion to Comparative Law (2012): 145-170.
Boughey, Janina. "Administrative Law: The Next Frontier for Comparative Law."
International and Comparative Law Quarterly 62.01 (2013): 55-95.
Napolitano, Giulio, “The Transformations of Comparative Administrative Law.”
Rivista trimestrale di diritto pubblico (2017): 997-1003

The preliminary and the required readings will be available on the platform
Elearning.

Handouts and slides distributed during lectures

The teaching program will focus on the relationship between conflicting values and fundamental principles. After an introductory section, aimed at presenting the fundamental terms of bioethics and biolaw, some of the most relevant and today's most discussed issues will be explored in depth, through constant reference to practical and case law cases:
I. Dignity and autonomy between bioethics and the market (surrogacy, prostitution)
II. Dignity and self-determination (end-of-life choices and informed consent)
III. Conscientious objection

Introductory section:
- P. Borsellino, Bioetica tra “morali” e diritto, Raffaello Cortina, Milano, 2018, cap. 1 (La bioetica. Problemi, sviluppi, prospettive), con esclusione del par. 9: pp. 21-57; M. Reichlin, Fondamenti di bioetica, Il Mulino, Bologna, 2021: cap. 2 (Tipi di etiche normative: pp. 29-47); cap. 8 (Il diritto alle cure e l'allocazione delle risorse sanitarie), escludendo il par. 8.3; e cap. 9 (Il potenziamento delle capacità umane), limitato al solo par. 9.1.
.

Thematic sections:
I
- L. Ferrajoli, Dignità e libertà, in Dignità e autonomia tra bioetica e mercato, a cura di F. Mastromartino, G. Pino, in “Rivista di filosofia del diritto”, 1, 2019, pp. 23-32; O. Giolo, Il giusfemminismo e le sfide del neoliberismo. A proposito di soggetti, libertà e diritti, in Teorie critiche del diritto, a cura di M.G. Bernardini, O. Giolo, Pacini, Firenze, 2017, pp. 207-230; F. Poggi, Dignità e autonomia: disaccordi semantici e conflitti di valore in Dignità e autonomia tra bioetica e mercato, a cura di F. Mastromartino, G. Pino, in “Rivista di filosofia del diritto”, 1, 2019, pp. 33-50; Sandel, Quello che i soldi non possono comprare. I limiti morali del mercato, Feltrinelli, Milano, 2012, Introduzione (Mercati e morale) e cap. 3 (Come i mercati allontanano la morale), rispettivamente pp. 11-22 e pp. 95-130

II
- L. d’Avack, Il dominio delle biotecnologie, cap. II (Scelte di fine vita e consenso informato), Giappichelli, Torino, 2018: pp. 69-159 (ma tenendo presente Riferimenti normativi e carte internazionali)

III
- F. Mastromartino, Esiste un diritto generale all’obiezione di coscienza?, in “Diritto e questioni pubbliche”, 1, 2018, pp. 159-181.

Files of the course exam texts, except for L. d'Avack's volume will be uploaded to the e-learning platform.

STUDENTS WHO DO NOT ATTEND THE COURSE LECTURES ARE REQUIRED TO SUPPLEMENT THE PROGRAM BY STUDYING THE FOLLOWING TEXTS:
- A. Facchi, O. Giolo, Libera scelta e libera condizione, Il Mulino, Bologna, 2020.
- F. Mastromartino, Due concetti di dignità per due concetti di autonomia?, in “Diritto e questioni pubbliche”, 1, 2021, pp. 239-263.

Introduction to comparative legal systems
Course description:
The course cuts across traditional – and by now outdated – divisions between public law and private law, between substantive law and procedural law, and between the so-called civil law/common law divide. The course is focused on the Western Legal Tradition and explains the pitfalls of comparisons with non-Western systems.
The course is divided in eight modules with the following content
I MODULE: DEMOCRATIC SYSTEMS
US presidentialism. - British parliamentarism. - Semi-presidential models. - EU concentration of powers. – Electoral systems.

II MODULE: VALUES
Constitutionalism. - Bill of rights, fundamental rights, human rights. - Constitutional adjudication. - Rule of law. - Universalism vs Relativism. - The religious factor

III MODULE: GOVERNMENT
The structure of Government. - Administration. - “Independent Agencies”. - Public participation in administrative procedures. - Judicial control over Government

IV MODULE: THE ECONOMIC DIMENSION
Private autonomy. - Legal entities. – Insolvency. – Regulation. - State aid

V MODULE: THE “WELFARE STATE”
Taxation. - Social services. - Labour relations and legislation

VI MODULE: REPRESSION OF CRIMES
Substantive law vs. Procedural law. - What is a crime? - Who establishes crimes? – Sanctions. - Investigation, prosecution, trial. - Offenders and victims

VII MODULE: JUDGES AND JURISDICTION
Status of judges. - Judicial organization. - Rules of procedure. - Judicial power. - Legal education. - Judges and/as literature

VIII MODULE: MODELS FOR A GLOBALIZED WORLD
International conventions. - Uniform laws. - Lex Mercatoria. - International institutions. – Comparative international law.

Course Learning Activities

V. ZENO-ZENCOVICH, Comparative legal systems. A short and illustrated introduction, Second edition, Roma TrE-Press, 2019 (volume in open access downloadable form the Roma TrE-Press website http://romatrepress.uniroma3.it/repository/3/pdf/411cd19a-ecff-457b-a14a-815988f7ada5.pdf)

The program includes the study of the following topics:
- international and constitutional principles regarding penitentiary expiation;
- subjects of the prison administration;
- observation and treatment;
- penitentiary circuits and differentiations between prisoners;
- alternative measures to detention;
- vulnerable individuals;
- other forms of detention;
- surveillance procedure;
- protection of prisoners' rights.

1) For attending students the final exam will be on the lecture notes and on the teaching support material provided during the course, supplemented by the study of the following text:

P. Corso (a cura di), Manuale della esecuzione penitenziaria, Monduzzi, last edition;
or
F.Della Casa- G.Giostra, Manuale di Diritto penitenziario, Giappichelli, last edition,

limited to the chapters corresponding to the topics covered in the lesson.


2) For the other students, the final exam will be on the study of the following text:

P. Corso (a cura di), Manuale della esecuzione penitenziaria, Monduzzi, last edition
or
F.Della Casa- G.Giostra, Manuale di Diritto penitenziario, Giappichelli, last edition

The course aims to analize the evolution of “Mafia organized crime” both from the point of view of historical evolution and from the point of view of crime fighting legislation.
Particular attention will also be given to the problem of mafia-political relations, through the study of the changes recently made to the case of political-mafia electoral exchange (art. 416 ter c.p.p.), and to the study of prevention measures, as regulated in the c.d. Anti-Mafia Code.

1)Insolera- Guerrini
Diritto penale e criminalità organizzata, Giappichelli, 2019.
2) Enzo Ciconte
1992: l'anno che cambio l'Italia. Da Mani pulite alle stragi di Mafia, 2022.

The models of the judicial system - The historical events of the laws on the judiciary - Constitutional principles and current sources of the judiciary. - The Superior Council of the Judiciary. - The position of the Minister of Justice and its relations with the C.S.M - The organization of the ordinary judiciary and the career of judges. - The Public Prosecutor in the Constitution and legislation. - The civil and disciplinary liability of judges. - Unity and plurality of jurisdiction and the repercussions on organizational models. - The judge, conventional international law and European law. - The difficult relationship between jurisdiction and politics

Students attending the course

F. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2020, excluding chapters: I, II, XI, XIV (par. da 9 a 17) e XV
G. Serges, Profili costituzionali delle riforme processuali e dell’ordinamento giudiziario, in Diritto e Società, 2/2022, pp. 245-290

Non-attending students

F. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2020, together with the update represented by legislative decrees nos. 44 and 45 of 2024 (the regulatory texts can be found on the website: www.normattiva.it)

- End of life and criminal law, starting with the film Miele by Valeria Golino
- Immigration and "human rights," starting with the film Io capitano by Matteo Garrone
- Gender violence, starting with the film C'è ancora domani by Paola Cortellesi
- Prison and resocialization, starting with the film Grazie ragazzi by Riccardo Milani

Lecture materials will be made available to students in class.

The Workshop is held by Prof. Silvia Di Paolo, Dr. Tiziana Mancini (Library Manager) and Dr. Alessandra Argenio and Dr. Stefania Maria Farro (Librarians) and teaches the fundamental research and writing skills that every student should acquire during the course of law degree. The Workshop is therefore addressed to all students and is particularly recommended for those who are in the process of working on their dissertation.

The form of government in Italy - The bodies of political direction: the Parliament and the Government - The guarantee bodies: the President of the Republic, the Constitutional Court and the Judiciary - Territorial autonomies and their role in guaranteeing rights - Public Administration and Administrative activity - The historical evolution of the Welfare State: from birth, to maximum development, to the crisis - The model of the Social state accepted in the Italian legal system - The growing enhancement of local governments and the private social sector in welfare policies in Italy - Social rights in the Italian Constitution: conditional and unconditional social rights - The effectiveness of social rights as proof of the economic-financial crisis - The constitutional classification of social rights under the thematic profile: the rights inherent in the world of work; the right to health; the right to study - The social security system outlined by art. 38 Cost.: the distinction between assistance and social security - The evolution of the social services system in Italy: the principles, socio-health integration, the financing system and the programming and planning - The protection of personal data in the action of social services - Rights of the disabled persons and the Constitution - The protection of the rights of persons with disabilities in the logic of a multilevel protection: the right to assistance with the related economic provisions; the "new right" to socialization and effective participation in social life.

For the students of the Degree courses of the Department of Law who have to take the 7 CFU exam, the programme is reduced as follows:
The historical evolution of the Welfare State: from birth, to maximum development, to the crisis - The model of the Social state accepted in the Italian legal system - The growing enhancement of local governments and the private social sector in welfare policies in Italy - Social rights in the Italian Constitution: conditional and unconditional social rights - The effectiveness of social rights as proof of the economic-financial crisis - The constitutional classification of social rights under the thematic profile: the rights inherent in the world of work; the right to health; the right to study - The social security system outlined by art. 38 Cost.: the distinction between assistance and social security - The evolution of the social services system in Italy: the principles, socio-health integration, the financing system and the programming and planning - The protection of personal data in the action of social services - Rights of the disabled persons and the Constitution - The protection of the rights of persons with disabilities in the logic of a multilevel protection: the right to assistance with the related economic provisions; the "new right" to socialization and effective participation in social life.

General part
- R. BIN - D. DONATI - G. PITRUZZELLA, Lineamenti di diritto pubblico per i servizi sociali, Giappichelli, Torino, 2019, (limitatamente ai primi dieci capitoli)
- E. CODINI - A. FOSSATI - S.A. FREGO LUPPI, Manuale di diritto dei servizi sociali, Giappichelli, Torino, 2019, limited to: Part I (full), Part II (one chapter of your choice), Part III (full)

Special part
- C. COLAPIETRO - F. GIRELLI, Persone con disabilità e Costituzione, Editoriale Scientifica, Napoli, 2020.

***

The following teaching materials are made available on the platform http://formonline.uniroma3.it/ (which are not intended as a substitute for the reference texts):
1. General part - Elements of public law: slides (divided into thematic modules) of the online course of Institutions of public law edited by Prof.ssa Giovanna Pistorio.
2. General part - Fundamental rights, social rights and Welfare State: slides edited by Prof. Carlo Colapietro (with related exercises for self-assessment) and an essay by Prof. Colapietro.
3. Special part - Rights of the disabled and the Constitution: slides edited by Prof. Carlo Colapietro (with related exercises for self-assessment) and jurisprudential material.

The course will take an historical-juridical, multidisciplinary approach to outline the evolution of criminal science. From the first seeds of physiognomy, we will take a non-linear analytical path to the advent of the criminal anthropology of the Lombrosian school of thought and theoretical prosecutions. 
At the same time, we will consider the first investigative techniques and research methods that appeal to today’s criminology. We will undertake an articulated screening of judicial cases and evaluate the importance granted to medicine, psychiatry and psychology within the criminal justice system from the second half of the 19th century to the 20th century.

Educational materials consist of slides and notes given by the professor

Judicial protection in tax matters. The historical evolution of tax justice in Italy. The tax court. Tax jurisdiction. The subjects of the tax process. Timing and forms of the process. The tax dispute. The judgment before the Provincial Tax Commission. Proof in the tax process. Judicial precautionary measures. Judicial conciliation. The anomalous events of the trial. The case and the judgment. Appeals. The appeal. The appeal on a point of law. The revocation. The tax judgment. The enforcement of judgments. Judicial protection in the field of customs and excise duties. Judicial protection in land registry rules. Judicial protection in the field of tax penalties. Judicial protection in forced tax execution. Supranational tax judicial protection

G. Tinelli, Diritto Processuale tributario, WK, 2021.

I. INTRODUCTORY PART, LAW TOWARD DIGITIZATION

II. DATA AND SOVEREIGNTY

III. OWNERSHIP OVER DATA?

IV NEW TECHNOLOGIES AND NEW RIGHTS

V. ARTIFICIAL INTELLIGENCE: EMERGING ISSUES

VI. DIGITAL PLATFORMS

The materials and readings, detailed in the syllabus, will be gradually provided through the e-learning platform.

The course introduces some of the main topics in the field of comparative constitutional law and the intersections between constitutional law and the digital revolution, with a focus on the Western legal tradition and constitutional democracy. It is organized in four modules. Module I. on State, constitutionalism(s), constitutional democracy and beyond (Lessons 1-10) presents the historical trajectory of constitutionalism towards constitutional democracy as well as the Russian and Chinese counter-models. Module II. on Crosscutting issues of constitutional democracy (Lessons 11-16) presents some relevant issues for constitutional democracies, including constitutional safeguards, horizontal and vertical separation of powers, systems of government. Module III. on Fundamental rights and the digital revolution (Lessons 18-21) focuses on Dignity, Freedom of Expression, Equality and non-discrimination, Freedom of thought and religion and on the impact of new technologies on them. Module IV. on Perspectives on digital democracy and digital constitutionalism (Lessons 22-27) investigates form a more general perspective the main challenges of the digital revolution for constitutional democracies. Lessons 17 and 28 are devoted to students’ presentations and to the final test respectively. For a meaningful participation in classes, it is essential to go through the assigned readings


I. STATE, CONSTITUTIONALISM(S), CONSTITUTIONAL DEMOCRACY AND BEYOND
1. Friday 20 October 8-10
Comparative constitutional law, constitutionalism and the digital revolution | Course structure and practical info

2. Wednesday 25 October 14-16
State, Constitutionalism, rights: three traditions

3. Thursday 26 October 14-16
From liberal to constitutional democracy: values and principles

4. Friday 27 October 8-10
From liberal to constitutional democracy: society, economy, and history

5. Wednesday 1 November 14-16
The crisis of constitutional democracy

6. Thursday 2 November 14-16
Crisis of constitutional democracy: crisis of the State?

7. Wednesday 8 November 14-16
Beyond the Western legal tradition

8. Thursday 9 November 14-16
The State beyond the western legal tradition: Russia

9. Friday 10 November 8-10
The State beyond the western legal tradition: China

10. Friday 10 November 10-12
Guest lecture by Shu Zghang (Deakin Law School), Introduction to Chinese Law

II. CROSSCUTTING ISSUES OF CONSTITUTIONAL DEMOCRACY
11. Wednesday 15 November 14-16
Constitutional safeguards I: constitutional review

12. Thursday 16 November 14-16
Constitutional safeguards II: Amending the Constitution

13. Friday 17 November 8-10
Separation(s) of powers and the political question doctrine

14. Wednesday 22 November 14-16
Legislative-executive relations and systems of government: parliamentarism

15. Thursday 23 November 14-16
Legislative-executive relations and systems of government: presidentialism and semi-presidentialism


16. Friday 24 November 8-10
Federalizing processes and vertical separation of powers

17. Wednesday 29 November 14-16
Student presentations (20 minutes each)

III. FUNDAMENTAL RIGHTS AND THE DIGITAL REVOLUTION
18. Thursday 30 November 14-16
From rights to dignity

19. Friday 1 December 8-10
Freedom of Expression

20. Wednesday 6 December 14-16
Equality and non-discrimination

21. Thursday 7 December 14-16
Religious freedom - Guest lecture

IV. PERSPECTIVES ON DIGITAL DEMOCRACY AND DIGITAL CONSTITUTIONALISM

22. Wednesday 13 December 14-16
Elections

23. Thursday 14 December 14-16
Parliaments

24. Friday 15 December 8-10
Guest lecture by Peng Guo - The digital and public power

25. Wednesday 20 December 14-16
The digital and private powers: regulating platforms

26. Thursday 21 December 14-16
Data sovereignty and digital constitutionalism

27. Friday 22 December 8-10
Digital constitutionalism in Europe and across the Atlantic

V. FINAL TEST
28. Friday 22 December 10-12
Written essay

A. Buratti, Westernm Constitutionalism, History, Institutions, Comparative Law, Springer, 2019
Readings will be listed in the syllabus and provided through the e-learning platform.

The purpose of the course is twofold: (i) to provide the tools to analyze the legal phenomenon through the economic lens and, more specifically, through the notions of neoclassical economics, and (ii) to offer an in-depth economic analysis of contract law and, more specifically, of international commercial contracts.

The predictive ability of the economic reasoning allows one to determine which incentives are placed on individuals by different laws and, consequently, which effects should be reasonably expected from the adoption of a certain rule. The “Law and Economics” method aims at selecting efficient rules capable of maximizing the social welfare.

Besides the methodological issues, the course covers the main topics of the Economic Analysis of Contract Law. In particular, after explaining the interaction between the “Law and Economics” method and Contract Law, the course will focus on the scope and function of international commercial contracts, offering an economic analysis of their most important clauses.

Finally, the course will analyze the different contractual remedies to supervening events, an area of contract law that is on the forefront of the legal discourse, both from an academic and practical perspective, as a consequence of the Covid-19 pandemic, the rise of armed conflicts and the consequent imposition of international sanctions.

A selection of readings from various sources will be used as indicated during the semester and will be sent by the Professor ahead of classes.

The course aims at introducing students to the European regulation of the financial sector. The first part of the course intends to provide students with an understanding of the functions of the financial system and institutions through which these functions are performed; an understanding of the core principles and objectives which govern financial regulation.

The second part will deepen the regulatory strategies for achieving these goals and the policy debates in Europe that surround them; this part will focus on the evolution of the harmonisation process of laws in the financial sector and on the institutional architecture in Europe. Particular attention is paid to the rulings of the European Court of Justice which established important principles in defining the institutional architecture of European authorities and protecting investors' rights.

Material circulated by the professor.

The course will offer an overview of international arbitration as a preferred method in international trade for solving disputes in commercial and investment matters. The course will describe the reasons for choosing between national courts and ADR, the choice between ad hoc arbitration and institutional arbitration, the drafting of arbitration clauses, including the choice of an international institution.
The course will describe the major steps of the arbitration proceeding, from the appointment of arbitrators to procedural aspects (exchange of submissions, hearings, examination of witnesses and experts) until the award is rendered.
The course will also deal with recognition and execution of the award both for commercial and investment arbitration.
During the last week of the course, a moot arbitration will be organized, and the students will participate in the roles of counsel for the respective disputing parties.

Gary B. Born: International Arbitration: Law and Practice, 2nd Ed., Kluwer 2016

The following topics will progressively be covered during the course:

1) Introduction to International Human rights Law (IHRL). Historical Overview of the Development of IHRL.
2) Human Rights as Part of International Law. The Sources of International Human Rights Law:
- human rights as customary international law; human rights as general principles of international law; human rights and jus cogens; human rights and international soft law.
- human rights as treaty law. Limitations, derogations and reservations to human rights treaty obligations: generalities. The interpretation of human rights treaties.
3) An overview of the substantive content of human rights in international law. ‘Generations’ of human rights and the distinction between civil/political rights and economic/social rights. Human rights as indivisible, interdependent, interrelated and mutually reinforcing rights.
4) Nature and typologies of State obligations under human rights treaties. The tri-partite typology of ‘respect, protect and fulfil’. Immediately prescriptive obligations and obligations of progressive realization.
5) International oversight and protection of human rights: universal and regional systems and bodies.
6) The UN system: the two International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights; the UN treaty bodies and individual communications.
7) The UN Human Rights Council, the Universal Periodic Review, and other UN mechanisms.
8) The European system: the Council of Europe; the European Convention of Human Rights and the Strasbourg Court; the European Social Charter and the European Committee of Social Rights.
9) The European mechanisms for the protection of human rights. Lodging an application with the European Court of Human Rights. The collective complaints procedure provided for by the European Social Charter.
10) Human rights and international criminal responsibility of individuals: the role of international criminal courts and tribunals in prosecuting crimes against human rights.
11) Human rights and State responsibility for internationally wrongful acts: content and implementation of the responsibility of the State for the violation of human rights obligations under general international law. Use of force and protection of human rights. The “responsibility to protect” doctrine.
12) Use of force and protection of human rights. The “responsibility to protect” doctrine. Humanitarian intervention. The protection of human rights in armed conflicts and the rules of international humanitarian law.

The program also includes insights on:
The rights of the child;
The rights of persons with disabilities;
Fundamental rights under EU law;
The European Pillar of Social Rights.

Recommended textbooks:

D. Shelton, Advanced Introduction To International Human Rights Law. 2nd edition. Cheltenham - UK: E. Elgar, 2020.
G. Palmisano, Collective Complaints As a Means for Protecting Social Rights in Europe. Anthem Press, London/New York/Melbourne/Delhi, 2022.

Further readings (including selected articles and excerpts from relevant literature) will be suggested during the course.

The course is a legal clinic in the field of international human rights law. It works on projects that, in the said field, have a clear social justice aim. In this academic year, the clinic has been entrusted with two projects. Projects are usually commissioned by international organizations (e.g. UN agencies), State organs (e.g. the judiciary) or NGOs. Projects usually require students to provide their support to one or more strategic litigation cases before international human rights jurisdictions (e.g. ECtHR) or quasi-judicial bodies (e.g. UN CEDAW), or national tribunals; or to draft human rights reports.

Against this background, the program is composed of two phases.

In the first phase, students get acquainted with the competences necessary to work on the projects. Accordingly, lectures will concern: (i) general issues: legal framework (rules, practice and institutions); methodology of research in international law; drafting skills; (ii) issues specific to the two projects, entrusted to guest lecturers.

In the second phase, the class works as a laboratory, during which drafts prepared by students are discussed on a weekly basis.

Reference textbook is: Riccardo Pisillo Mazzeschi, International Human Rights Law: Theory and Practice (Routledge/Giappichelli, 2021). The volume can be acquired at a discounted price. Please follow the guidelines of the Professor on this matter.

Making trouble: a difficult definition of gender
Histories and theories of feminism
The gender of modernity
Making rights from below: the CEDAW
Criminal Law and Gender: general framework
Gender violence: the crime of stalking 
Gender, anti-discrimination law and human rights
Culturally motivated crimes

Learning material is indicated during the lesson

PROGRAM
The Course aims at conducting a comparative analysis of some of the key institutions of private law, including contract and tort, and their role in digital markets. By introducing students to the comparative methodology in the study of law, it furthers a better understanding of national law and it aims at developing critical and analytical tools through which students will be able to identify and research relevant issues in the private law of digital markets, through a direct approach to normative, jurisprudential and doctrinal sources of foreign and supranational law.
The following topics will be covered in the course:
-A framework of digital markets and their regulation, beginning with a reconstruction the different phases of the so-called digital revolution (including algorithms, coding, AI, big data, IoT and the blockchain technology);
-An analysis, from a private law perspective, of some of the main business models that have developed in the digital economy (such as digital platforms, smart contracts, digital labor);
-An analysis of selected profiles of contract, property and tort in digital markets, with a special focus on EU and US law.

Details and Syllabus can be found on the E-learning (Moodle Platform) page of the course (https://giurisprudenza.el.uniroma3.it/).


COURSE LEARNING ACTIVITIES
During the course the activities will be divided as follows:
-frontal lectures;
-presentations assigned to students with the scope of supporting the lectures and encouraging interactive student participation;
-case simulations.


ASSESSMENT TOOLS
Student evaluation will be based on class work (class participation, presentations given
during the semester) and on a final written exam.

COURSE MATERIALS
Materials, academic papers and cases for the course will be made available on the E-learning platform (Moodle).

COURSE MATERIALS
Materials, academic papers and cases for the course will be made available on the E-learning platform (Moodle).

- Alternative dispute resolution in the system of rights protection
- ADR, contract, judgement
- Autonomous and heteronomous means of dispute resolution
- Arbitration
- Mediation, conciliation
- Assisted negotiation
- Settlement, inspection settlement
. Administrative dispute resolution, consumer ADR, ODR (online dispute resolution): hints.

G. D'ATTORRE, Manuale di diritto della crisi e dell'insolvenza, ed. II, Giappichelli, Torino, 2022.

The course aims at introducing students to the European regulation of the financial sector. The first part of the course intends to provide students with an understanding of the functions of the financial system and institutions through which these functions are performed; an understanding of the core principles and objectives which govern financial regulation.

The second part will deepen the regulatory strategies for achieving these goals and the policy debates in Europe that surround them; this part will focus on the evolution of the harmonisation process of laws in the financial sector and on the institutional architecture in Europe. Particular attention is paid to the rulings of the European Court of Justice which established important principles in defining the institutional architecture of European authorities and protecting investors' rights.

Material circulated by the professor.

Through a cross-disciplinary and transversal approach (administrative law, European law, financial sciences; provided by the lecturers who are members of the research group of the Jean Monnet EPIC Module Project - European Law Perspectives on Innovation Challenges), the Clinic looks at the main legal, economic and social challenges of technological innovation: from Artificial Intelligence to Blockchain, from algorithmic systems to the circulation of personal data. The course aims at fostering the understanding of digital market dynamics also through the critical analysis of traditional categories and institutions, with a special focus on phenomena related to the so-called new digital vulnerabilities.

ETTORE BATTELLI, Diritto privato digitale, Giappichelli, Torino, 2022.
The Professor will supply all the required materials (mainly slides and notes) available on the e-learning platform.

Introduction. Mechanics of Futures Markets. Hedging Strategies Using Futures. Interest Rates. Determination of Forward and Futures Prices. Interest Rate Futures. Swaps. Securitization and the Credit Crisis of 2007. OIS Discounting, Credit Issues, and Funding Costs. Mechanics of Options Markets. Properties of Stock Options. Trading Strategies Involving Options. Binomial Trees. Wiener Processes and Ito’s Lemma. The Black-Scholes-Merton Model. Employee Stock Options. Options on Stock Indices and Currencies. Options on Futures. Greek Letters. Volatility Smiles. Basic Numerical Procedures. Value at Risk. Estimating Volatilities and Correlations for Risk Management. Credit Risk. Credit Derivatives. Exotic Options. More on Models and Numerical Procedures. Martingales and Measures. Interest Rate Derivatives: The Standard Market Models. Convexity, Timing and Quanto Adjustments. Interest Rate Derivatives: Models of the Short Rate. HJM, LMM, and Multiple Zero Curves. Swaps Revisited. Energy and Commodity Derivatives. Real Options.

Hull, J., Options, Futures, and Other Derivatives, 10th Edition, Pearson, 2021

The course includes lectures and exercises:
- The frontal lessons consist of the explanation of the techniques for drafting the main documents of the criminal trial. We will then proceed with the theoretical framework of the criminal procedural law institutions necessary for the drafting of the proposed documents.
- The exercises consist of a written test followed by participatory correction

Information will be provided during the lessons

The course aims to analyze the concept of freedom (libertas) in Roman law, through a comparison with modern theories of freedom (or liberty), which oppose ‘positive’ and ‘negative’ freedom.

M.U. SPERANDIO, ‘Innata libertas‘. Libertà di fatto, libertà individuale, libertà politica a Roma nel pensiero di Giuliano Crifò, in F. Cortese – M. Miglietta (ed.), Catalogo del Fondo Giuliano Crifò. Atti della giornata di studio, trento 22 ottobre 2021, Roma, 2023, 19 – 56

With the help of professionals expert in criminal mediation, students will be involved in the study and concrete treatment of real cases initiated in a process of mediation-reparation between the victim and the person indicated as the perpetrator of the crime.

Some readings useful for understanding the fundamental themes of restorative justice in the criminal field will be indicated in class

The "legal clinic" aims to: 1) offer students a qualified legal training on family law legislation, with specific attention to patrimonial aspects, adopting an innovative practice-oriented approach; 2) promote greater awareness of the problems that people in situations of family conflict encounter in accessing justice and guarantees of rights; 3) build a collaborative network between the academic community (students and professors), specialized lawyers and civil society organizations active in the field of ADR.

TEXTS AND TOPICS OF FOCUS WILL BE GIVEN DIRECTLY FROM PROFESSOR DURING THE LESSONS.

• Historia constitucional: 1812-1978

• Características esenciales básicas del sistema constitucional.

• El título i de la constitución: “de los derechos y deberes fundamentales”

• La jefatura del estado. La corona

• El poder legislativo. Las cortes generales.

• El poder ejecutivo. El gobierno.

• El poder judicial

• La organizacion territorial del estado. El estado de las autonomías

• El tribunal constitucional

Los textos de estudio se proporcionarán en clase.

The subject of the course is the drafting of practical evidence (judicial acts of the administrative process)

Il materiale verrà fornito durante le lezioni

Learning Outcomes
Having successfully completed this module you will be able to:
- Distinguish relevant from irrelevant materials.
- Identify and analyse key issues.
- Think critically.
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- The historical legal principles, nautical customs, current rules and major technical standards that compose the law applicable on international navigation.
- The development and content of navigation law, in considering – among other factors – also commercial policy considerations, and the challenges that ships may encounter while at the high seas, within waters of coastal sovereignty or specialised jurisdiction, and in special navigation regions.

The course material will be uploaded on the Uniroma Tre e-learning platform.

The study materials will be indicated during the course

The course aims to get students concretely involved in the protection of the rights of prison inmates by directly confronting their legal cases. The learner will travel to penal institutions and, with the support of the lecturer and other experts in the field, will confront the issues raised by the users and engage in their resolution.
The course is therefore characterised by the 'clinical method' being: practice-oriented, based on the resolution of concrete problems and the management of the relationship with the client and the other parties involved in the legal case (administration, magistrates, guarantors, etc.),
In this way, the course is an advantage not only for the student, who acquires skills and abilities of a practical nature (learning by doing), but also for the detained persons.

Since this is a practical course, there are no theoretical texts, the material regarding solving concrete cases to be addressed will be provided by the lecturer directly during the course.

Civil mediation inside the Adr system and more generally in the regulatory framework for the protection of rights, face the reform introduced by the Legge Delega n. 206 of 2021 and by Decreto Legislativo no. 149/22, in an internal, comparative perspective, with particular attention to the practical-applicative profiles.

A. Carratta, Le riforme del processo civile. D.Lgs. 10 ottobre 2022, n. 149, in attuazione della L. 26 novembre 2021, n. 206, Giappichelli, 2023, p. from 259 to 290.
A. Carratta, Diritto processuale civile. Vol. III Processi speciali e procedure alternative, Giappichelli, 2024, Cap. IX e X.
A. Carratta, Codice di procedura civile ragionato, XII, Roma, 2024.

The functioning of financial system
The determinants of returns on financial assets
Money and central banks:
• the functions of money
• the demand and supply of money
• monetary policy and the impact on the real economy
• the objectives of monetary policy
• monetary policy strategies
• monetary policy after the great financial crisis
• digital currencies
• monetary policy in practice

There is no single text that covers all the topics of the course.
The following texts are useful references:
Frederic S. Mishkin, Stanley G. Eakins, Giancarlo Forestieri, Financial Institutions and Markets 8/Ed, Pearson.
Mishkin, Frederic S., Monetary Policy Strategy, MIT Press 2007 (available in English only).
The lecture slides, which are insufficient for exam preparation, are available on Moodle.

Principles, methods and techniques of private international law.

Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

The European Enforcement Order for uncontested claims.

The law applicable to contractual obligations.

The law applicable to non-contractual obligations.

Jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and international child abduction.

Jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and the creation of a European Certificate of Succession.

Michael Bogdan & Marta Pertegás Sender, "Concise Introduction to EU Private International Law", Europa Law Publishing, 4th edition, 2019.

The training activity is intended to complement the Bioethics and Biolaw course as a means of consolidating the knowledge acquired there, through an innovative practice-oriented teaching approach. To this end, it adopts the methodology of legal clinics, involving students in the discussion of the issues addressed from concrete cases, in collaboration with associative realities active in the field.
This year's activity will focus on end-of-life issues (particularly medically assisted suicide).

Any texts will be indicated by the lecturer during the course.

The activities will be on a seminar basis. The first meetings will focus on the the problem of miscarriage of justice, the evolution of studies on the subject and the most important international leading cases. In the second part of the course, the Italian condition will be analyzed and real court cases will be treated as part of the Italy Innocence Project.

1. History of the birth of the Vatican City State [=VCS]: from the Papal States to the Lateran Pacts
2. Original legal framework of the Vatican City State
3. Structure and elements of the VCS
4. The VCS government
5. Sources of the VCS legal system
6. The criminal law of the VCS
7. The Holy See as a Subject of International Law
8. The Holy See's presence in the international order
9. The jurisprudence of the VCS courts
10. Practical cases of Vatican jurisprudence

Text:
J.I. Arrieta, Corso di diritto vaticano. Seconda edizione riveduta ed ampliata, Roma 2022(limited to the parts that the professor will indicate)
The professor will provide the other necessary material for studying and conducting the final examination

The educational activity will focus in a first phase on the ways in which the relationship between humans and the natural environment is molded in different religious traditions. In a second phase, it will look at the ways in which the religious dimension can support law in achieving the goals of environmental sustainability. The third and final phase of the course will focus on the patterns of meaning, in many ways still anchored in religious knowledge, that the "ecological turn" requires to be developed as a prerequisite for a legal reformulation, on a global and local scale, of human subjectivity and the relations between it and the dynamics of the multiple environmental variables on which the existence of the human species depends.

The course readings will be indicated during the lectures.

L’insegnamento si propone di esaminare il tema del concorso tra responsabilità contrattuale ed extracontrattuale nell’esperienza giuridica romana in chiave casistico problematica e con specifico riguardo alle soluzioni dei giuristi romani. Premessa una breve trattazione istituzionale della distinzione ‘azioni penali private - azioni reipersecutorie’, del contenuto precettivo della lex Aquilia de damno, nonché della struttura e del regime giuridico dell’actio ex lege Aquilia, il corso sarà dedicato all’approfondimento, secondo un approccio prevalentemente casistico, che privilegia cioè l’analisi tecnica dei casi concreti esaminati nei singoli responsi giurisprudenziali, del tema del concorso dell’actio ex lege Aquilia con le altre azioni, sia reipersecutorie (ex contractu ed in rem) sia penali private (in particolare nascenti ex eodem facto). In particolare, costituirà oggetto di analisi casistica l'articolato iter logico argomentativo seguito dai giuristi romani nel suggerire la regolamentazione del regime concorsuale dell'azione aquiliana sul versante sia delle azioni contrattuali sia delle azioni penali private, e la varietà delle soluzioni giurisprudenziali rappresenterà anche lo spunto per approfondire la struttura controversiale del diritto giurisprudenziale romano. Nella sua parte conclusiva il focus espositivo sarà incentrato sulla nuova configurazione assunta dall’azione aquiliana nel diritto giustinianeo e caratterizzata dalla generalizzazione della sua funzione risarcitoria.

I materiali di studio ad uso degli studenti frequentanti, comprensivi dei testi esaminati a lezione (nella traduzione italiana) e della bibliografia di approfondimento, sono forniti dalla docente durante le lezioni e resi disponibili tramite la piattaforma E-learning dell’insegnamento.

The course will include a first part on moral and philosophical justifications of freedom of speech, and a second part devoted to discussing some limiting cases where the right to freedom of speech conflicts with other rights or public values.

scholarly papers and court decisions will be made available to students through the e-learning of the University

The selection of students from the Roma Tre team is done in two stages:
- first phase: passing a written multiple-choice test on the subject of the Roman civil process;
- second stage: resolution of a concrete case, through the identification of the elements of fact and law suitable to substantiate the plaintiff's and defendant's reasons based on the rules and principles of Roman law.
The selection of students from the Roma Tre team is made on the basis of participation in the course activities and a final oral test.

Translated with DeepL.com (free version)

Students will receive the necessary teaching materials during the Workshop meetings.

The course will introduce the main topics of constitutionalism from the point of view of the challenges posed by technological development. After a historical introduction of the values ​​of European constitutionalism(s) and their questioning by technological development, the course focuses on the European and Atlantic perspectives in the regulation of the digital dimension, ìthen addressing some specific issues, from the regulation of platforms to freedom of expression.

Readings will be perovided before each class

1) History of health protection. The national dimension: from a matter of public policy to a fundamental right and community interest.
2) History of health protection. The international dimension: from the management of transnational threats to health as a means of maintaining peace and security among nations to the affirmation of the fundamental right to "possession of the best possible state of health."
3) The effects of globalization on the right to health. Focus on communicable diseases and international instruments for their management.
4) "One Health" from approach to strategy. History of a concept and its evolution in the era of pandemics.

Course materials will be indicated to students at the beginning of class and made available on the e-learning portal

illustration of the relevant aspects for the conduct of the constitutional process - examination of the question submitted to the Court for examination - visit to the Constitutional Court during a public hearing - Drafting of defense documents and holding of a simulated hearing in the courtroom

S.M. Cicconetti, Lezioni di giustizia costituzionale, Torino, 2022.

The course will be developed in two training directions. The first is aimed at providing the theoretical and methodological tools to develop a radial approach to the analysis of food and its legal components. The second will focus, on the other hand, on the study of the concrete dynamics underlying the specific processes of food production and fruition. Specifically, these dynamics will be probed so that students can grasp their religious and cultural implications and, at the same time, their impact on the concrete enjoyment of human rights.

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The course aims to provide students with the ability to grasp through a multidisciplinary approach the relationship between food and law. In particular, the category of "radiality" will be used as a hermeneutic tool to make students cognizant of the geographical and anthropological (thus also cultural and religious), political, medical, technological, and more generally spatio-temporal implications of which every food, every recipe and even every ingredient of it, are epitomes: and this from both a retrospective and a prospective point of view. However, the implications now indicated coincides with areas of legal regulation. It follows that every food encapsulates law as a constituent and determining ingredient, since food is a set of “radial relations” even before the "matter" or "mere thing" that stems from them. This course aims precisely to make students aware of this pervasive legal impact on food. The goal is to make them understand how the distribution of food on a global scale, its availability and even its material components are the result of political-normative processes in many cases laden with invisible injustice. More precisely, a kind of injustice capable of radically affecting, according to the different parts of the world, the actual enjoyment of human rights, primarily those related to health and human development, which are inextricably linked to "what people eat and are actually able to eat". A crucial purpose of the course is to highlight how the measurement of the degree of this injustice cannot disregard the anthropological figures inherent in the religion and culture of different peoples.

The course readings will be indicated during the lectures.

The science of public law in the main European countries. In particular: France, Italy and Germany.

Lecture notes and papers to be distibuted to students.

The course will first of all focus on the methodology of intercultural translation of situations to be legally qualified characterized by so-called 'cultural and religious diversity'. The course will adopt an interdisciplinary methodology and will integrate legal hermeneutic approach with analytical skills derived from anthropology and semiotics. The transmission of intercultural legal competence will be managed through constant reference to the application to specific case laws of the normative tools provided by legal systems. Particular attention, in this sense, will be paid in relation to the institutional and professional figures as the judge, the lawyer and the notary.

The course readings will be indicated during the lectures.

This course is meant to introduce students to legal English. The main aims of the book and of the matarials available at the professor dashbord are:
1- the students' acquisition of a specific legal terminology and usage of legal English;
2- providing an overview of the UK and U.S. legal systems and a stimulate a comparison between them and the Italian and the European legal systems (CLIL);
3- Through daily lectures, written assignments, and in-class exercises students will practice a wide array of legal English skills ranging from legal reading and writing strategies to oral presentations thus developing a linguistic and metalinguistic awareness.
4- developing competences of textual analysis and of critical analysis of texts dealing with legal issues;

Boyd, Michael S., English for Law, Bari, Neldiritto Editore.
BOOK PAGES [2018 EDITION]
PAGES 118-124 (READING 2);
PAGES 127-128.
PP. 137-139;
PP. 143-144;
PP. 145-150;
PP. 152-159
PP. 186-193
PP. 197-206
PP. 207-216
PP. 230-240
PP. 241-254
- BOOK PAGES [2021 EDITION]
PP. 132-135 (PART ONE AND PART TWO);
PAGE 138 (WHAT ARE THE LAWS);
PAGES 141-145;
PAGES 145-153 (READING 2);
PAGES 156-157:
PP. 170-172;
PP. 176-178;
PP. 179-186;
PP. 188-197;
PP. 231-240;
PP. 245-258;
PP. 259-270;

All the materials available at the e-learning page for this course.

This course is meant to introduce students to legal English. The main aims of the book and of the matarials available at the professor dashbord are:
1- the students' acquisition of a specific legal terminology and usage of legal English;
2- providing an overview of the UK and U.S. legal systems and a stimulate a comparison between them and the Italian and the European legal systems (CLIL);
3- Through daily lectures, written assignments, and in-class exercises students will practice a wide array of legal English skills ranging from legal reading and writing strategies to oral presentations thus developing a linguistic and metalinguistic awareness.
4- developing competences of textual analysis and of critical analysis of texts dealing with legal issues;

Boyd, Michael S., English for Law, Bari, Neldiritto Editore.
BOOK PAGES [2018 EDITION]
PAGES 118-124 (READING 2);
PAGES 127-128.
PP. 137-139;
PP. 143-144;
PP. 145-150;
PP. 152-159
PP. 186-193
PP. 197-206
PP. 207-216
PP. 230-240
PP. 241-254
- BOOK PAGES [2021 EDITION]
PP. 132-135 (PART ONE AND PART TWO);
PAGE 138 (WHAT ARE THE LAWS);
PAGES 141-145;
PAGES 145-153 (READING 2);
PAGES 156-157:
PP. 170-172;
PP. 176-178;
PP. 179-186;
PP. 188-197;
PP. 231-240;
PP. 245-258;
PP. 259-270;

All the materials available at the e-learning page for this course.

The Course is divided into five sections:
I. General overview of the most important systems of administrative law around the
world.
II. The role of government, public powers and human rights.
III. Delegation, expertise and contracting out.
IV. The regulation of administrative action. Cost-benefit analysis, administrative
procedures and transparency.
V. Judicial review and administrative litigation.

Required reading for the class discussion

Napolitano, Giulio, “Comparative Administrative Law. Cases and Problems.”
(2023).

Suggested preliminary readings

Bignami, Francesca. "Comparative Administrative Law." The Cambridge
Companion to Comparative Law (2012): 145-170.
Boughey, Janina. "Administrative Law: The Next Frontier for Comparative Law."
International and Comparative Law Quarterly 62.01 (2013): 55-95.
Napolitano, Giulio, “The Transformations of Comparative Administrative Law.”
Rivista trimestrale di diritto pubblico (2017): 997-1003

The preliminary and the required readings will be available on the platform
Elearning.

The course "Law and Gender", in English language, aims to investigate the relevance of the gender concept in the legal debate, focusing on the philosophy and criminal law.

Syllabus:
Making trouble: a difficult definition of gender
Histories and theories of feminism
The gender of modernity
Making rights from below: the CEDAW
Criminal Law and Gender: general framework
Gender violence: the crime of stalking 
Gender, anti-discrimination law and human rights
Culturally motivated crimes
Gender, migrations and human rights
Gender and social reproduction Theory 
Sexual orientation and politics
Gender violence: the crime of sexual violence
Pornography and law
L'esame di profitto si compone esclusivamente di una prova orale, il cui obiettivo è valutare l'apprendimento delle nozioni fondamentali legate alla tematica di genere, l'acquisizione di un livello di inglese giuridico adeguato, in una prospettiva maggiormente casistica.

Learning material is indicated during the lessons

Introduction to comparative legal systems
Course description:
The course cuts across traditional – and by now outdated – divisions between public law and private law, between substantive law and procedural law, and between the so-called civil law/common law divide. The course is focused on the Western Legal Tradition and explains the pitfalls of comparisons with non-Western systems.
The course is divided in eight modules with the following content
I MODULE: DEMOCRATIC SYSTEMS
US presidentialism. - British parliamentarism. - Semi-presidential models. - EU concentration of powers. – Electoral systems.

II MODULE: VALUES
Constitutionalism. - Bill of rights, fundamental rights, human rights. - Constitutional adjudication. - Rule of law. - Universalism vs Relativism. - The religious factor

III MODULE: GOVERNMENT
The structure of Government. - Administration. - “Independent Agencies”. - Public participation in administrative procedures. - Judicial control over Government

IV MODULE: THE ECONOMIC DIMENSION
Private autonomy. - Legal entities. – Insolvency. – Regulation. - State aid

V MODULE: THE “WELFARE STATE”
Taxation. - Social services. - Labour relations and legislation

VI MODULE: REPRESSION OF CRIMES
Substantive law vs. Procedural law. - What is a crime? - Who establishes crimes? – Sanctions. - Investigation, prosecution, trial. - Offenders and victims

VII MODULE: JUDGES AND JURISDICTION
Status of judges. - Judicial organization. - Rules of procedure. - Judicial power. - Legal education. - Judges and/as literature

VIII MODULE: MODELS FOR A GLOBALIZED WORLD
International conventions. - Uniform laws. - Lex Mercatoria. - International institutions. – Comparative international law.

Course Learning Activities

V. ZENO-ZENCOVICH, Comparative legal systems. A short and illustrated introduction, Second edition, Roma TrE-Press, 2019 (volume in open access downloadable form the Roma TrE-Press website http://romatrepress.uniroma3.it/repository/3/pdf/411cd19a-ecff-457b-a14a-815988f7ada5.pdf)

The following topics will progressively be covered during the course:

1) Introduction to International Human rights Law (IHRL). Historical Overview of the Development of IHRL.
2) Human Rights as Part of International Law. The Sources of International Human Rights Law:
- human rights as customary international law; human rights as general principles of international law; human rights and jus cogens; human rights and international soft law.
- human rights as treaty law. Limitations, derogations and reservations to human rights treaty obligations: generalities. The interpretation of human rights treaties.
3) An overview of the substantive content of human rights in international law. ‘Generations’ of human rights and the distinction between civil/political rights and economic/social rights. Human rights as indivisible, interdependent, interrelated and mutually reinforcing rights.
4) Nature and typologies of State obligations under human rights treaties. The tri-partite typology of ‘respect, protect and fulfil’. Immediately prescriptive obligations and obligations of progressive realization.
5) International oversight and protection of human rights: universal and regional systems and bodies.
6) The UN system: the two International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights; the UN treaty bodies and individual communications.
7) The UN Human Rights Council, the Universal Periodic Review, and other UN mechanisms.
8) The European system: the Council of Europe; the European Convention of Human Rights and the Strasbourg Court; the European Social Charter and the European Committee of Social Rights.
9) The European mechanisms for the protection of human rights. Lodging an application with the European Court of Human Rights. The collective complaints procedure provided for by the European Social Charter.
10) Human rights and international criminal responsibility of individuals: the role of international criminal courts and tribunals in prosecuting crimes against human rights.
11) Human rights and State responsibility for internationally wrongful acts: content and implementation of the responsibility of the State for the violation of human rights obligations under general international law. Use of force and protection of human rights. The “responsibility to protect” doctrine.
12) Use of force and protection of human rights. The “responsibility to protect” doctrine. Humanitarian intervention. The protection of human rights in armed conflicts and the rules of international humanitarian law.

Recommended textbook:

D. Shelton, Advanced Introduction To International Human Rights Law. 2nd edition. Cheltenham - UK: E. Elgar, 2020.


Further readings (including selected articles and excerpts from relevant literature) will be suggested during the course.

The course is a legal clinic in the field of international human rights law. It works on projects that, in the said field, have a clear social justice aim. In this academic year, the clinic has been entrusted with two projects. Projects are usually commissioned by international organizations (e.g. UN agencies), State organs (e.g. the judiciary) or NGOs. Projects usually require students to provide their support to one or more strategic litigation cases before international human rights jurisdictions (e.g. ECtHR) or quasi-judicial bodies (e.g. UN CEDAW), or national tribunals; or to draft human rights reports.

Against this background, the program is composed of two phases.

In the first phase, students get acquainted with the competences necessary to work on the projects. Accordingly, lectures will concern: (i) general issues: legal framework (rules, practice and institutions); methodology of research in international law; drafting skills; (ii) issues specific to the two projects, entrusted to guest lecturers.

In the second phase, the class works as a laboratory, during which drafts prepared by students are discussed on a weekly basis.

Reference textbook is: Riccardo Pisillo Mazzeschi, International Human Rights Law: Theory and Practice (Routledge/Giappichelli, 2021). The volume can be acquired at a discounted price. Please follow the guidelines of the Professor on this matter.

The course will assess students' language skills particularly in international arbitration through the writing of essays and participation in a moot court

I. INTRODUCTORY PART, LAW TOWARD DIGITIZATION

II. DATA AND SOVEREIGNTY

III. OWNERSHIP OVER DATA?

IV NEW TECHNOLOGIES AND NEW RIGHTS

V. ARTIFICIAL INTELLIGENCE: EMERGING ISSUES

VI. DIGITAL PLATFORMS

The materials and readings, detailed in the syllabus, will be gradually provided through the e-learning platform.

The purpose of the course is twofold: (i) to provide the tools to analyze the legal phenomenon through the economic lens and, more specifically, through the notions of neoclassical economics, and (ii) to offer an in-depth economic analysis of contract law and, more specifically, of international commercial contracts.

The predictive ability of the economic reasoning allows one to determine which incentives are placed on individuals by different laws and, consequently, which effects should be reasonably expected from the adoption of a certain rule. The “Law and Economics” method aims at selecting efficient rules capable of maximizing the social welfare.

Besides the methodological issues, the course covers the main topics of the Economic Analysis of Contract Law. In particular, after explaining the interaction between the “Law and Economics” method and Contract Law, the course will focus on the scope and function of international commercial contracts, offering an economic analysis of their most important clauses.

Finally, the course will analyze the different contractual remedies to supervening events, an area of contract law that is on the forefront of the legal discourse, both from an academic and practical perspective, as a consequence of the Covid-19 pandemic, the rise of armed conflicts and the consequent imposition of international sanctions.

A selection of readings from various sources will be used as indicated during the semester and will be sent by the Professor ahead of classes.

Basic knowledge of EU financial law using relevant legal texts and European Court of Justice decisions.

Material circulated by the professor

PROGRAM
The Course aims at conducting a comparative analysis of some of the key institutions of private law, including contract and tort, and their role in digital markets. By introducing students to the comparative methodology in the study of law, it furthers a better understanding of national law and it aims at developing critical and analytical tools through which students will be able to identify and research relevant issues in the private law of digital markets, through a direct approach to normative, jurisprudential and doctrinal sources of foreign and supranational law.
The following topics will be covered in the course:
-A framework of digital markets and their regulation, beginning with a reconstruction the different phases of the so-called digital revolution (including algorithms, coding, AI, big data, IoT and the blockchain technology);
-An analysis, from a private law perspective, of some of the main business models that have developed in the digital economy (such as digital platforms, smart contracts, digital labor);
-An analysis of selected profiles of contract, property and tort in digital markets, with a special focus on EU and US law.

Details and Syllabus can be found on the E-learning (Moodle Platform) page of the course (https://giurisprudenza.el.uniroma3.it/).


COURSE LEARNING ACTIVITIES
During the course the activities will be divided as follows:
-frontal lectures;
-presentations assigned to students with the scope of supporting the lectures and encouraging interactive student participation;
-case simulations.


ASSESSMENT TOOLS
Student evaluation will be based on class work (class participation, presentations given
during the semester) and on a final written exam.

COURSE MATERIALS
Materials, academic papers and cases for the course will be made available on the E-learning platform (Moodle).

COURSE MATERIALS
Materials, academic papers and cases for the course will be made available on the E-learning platform (Moodle).

The course includes a general part where the fundamental concepts and areas of Comparative Constitutional Law are introduced (constitution, constitutionalism, State and democracy, government vs. governance, separation of powers, systems of government, federalism and other types of State organization). It then focuses on selected topics of digital democracy: such as the rise of private (vs State) powers and digital constitutionalism, issues of digital surveillance, regulation of Artificial intelligence and the use of technology in relation to state structures (Judiciaries, Parliaments, Governments).

Readings will be provided on the e-learning platform.

• Historia constitucional: 1812-1978

• Características esenciales básicas del sistema constitucional.

• El título i de la constitución: “de los derechos y deberes fundamentales”

• La jefatura del estado. La corona

• El poder legislativo. Las cortes generales.

• El poder ejecutivo. El gobierno.

• El poder judicial

• La organizacion territorial del estado. El estado de las autonomías

• El tribunal constitucional

Los textos de estudio se proporcionarán en clase.

Principles, methods and techniques of private international law.

Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

The European Enforcement Order for uncontested claims.

The law applicable to contractual obligations.

The law applicable to non-contractual obligations.

Jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and international child abduction.

Jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and the creation of a European Certificate of Succession.

Michael Bogdan & Marta Pertegás Sender, "Concise Introduction to EU Private International Law", Europa Law Publishing, 4th edition, 2019.