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University of Bologna Law Review
Number of Followers: 1

This is an Open Access Journal

Open Access journal
ISSN (Online) 2531-6133
Published by Università di Bologna

[34 journals]

Criminal Copyright Infringement: Forms, Extent, and Prosecution in the
United States
- Authors: Ioana Vasiu, Lucian Vasiu
  Pages: 229 - 260
  Abstract: This article highlights the importance of copyright industries for the developed economies and argues that criminal copyright infringement is a widespread offense, producing major economic losses for stakeholders, negatively impacting creativity, and raising significant cybersecurity and rule of law concerns. The article explains why there is a need for criminal protection of copyright protection and outlines the U.S. framework.
  In a comprehensive approach, based on a large corpus of data, consisting of cases brought to federal courts, in violation of Section 506 of Title 17 of the U.S. Code, and press releases and reports by law enforcement and industry groups, Section 3 describes the forms and extent of the phenomenon. Section 4 discusses essential aspects involved in the prosecution of these cases. Based on the number of cases brought to courts versus the criminal copyright infringing reports and estimates, the article concludes that this criminal phenomenon is significantly under-prosecuted and proposes a number of measures that could improve the criminal protection of copyrighted works.
  PubDate: 2019-08-23
  DOI: 10.6092/issn.2531-6133/9782
  Issue No: Vol. 4, No. 2 (2019)
The C.J.E.U. Case Law Relevant to the General Anti-Avoidance Rule
(G.A.A.R.) Under the Anti-Tax Avoidance Directive (A.T.A.D.)
- Authors: Błażej Kuźniacki
  Pages: 261 - 282
  Abstract: This study concentrates on the Court of Justice of the European Union (CJEU) case law in order to reconstruct from it an interpretative guidance for the proper understanding and thus application of general anti-abuse rule included in Article 6 ATAD (the ATAD’s GAAR). Although Article 6 aims to harmonises general anti-abuse rule in the domain of tax law among all MSs, its wide scope and its phraseology raises a plethora of issues, in particular in respect of its proper – EU compatible – understating and thus application. The analysis of the relevant CJEU case law, as undertaken in this paper, will set a scene for the question of compatibility of the ATAD’s GAAR with the concept of abuse developed by the CJEU in cases regarding abusive practices of taxpayers. This piece aims to contribute in determining the reasonable understanding of the core elements of the ATAD’s GAAR in accordance with the EU primary law, as interpreted by the CJEU. This may provide the readers with a useful interpretative guideline to the ATAD’s GAAR, which could be of an assistance not only for tax authorities, but by all stakeholders, including taxpayers, courts, and MSs’ legislative bodies.
  PubDate: 2019-11-21
  DOI: 10.6092/issn.2531-6133/10023
  Issue No: Vol. 4, No. 2 (2019)
Party Laws and Party Nationalization: a Critique of Afghan Political Party
Laws
- Authors: M. Bashir Mobasher
  Pages: 283 - 324
  Abstract: Afghan party laws have consistently discouraged ethnic parties and politics. Taking an implicit approach to party nationalization, the laws have set three qualification thresholds for parties: consisting of at least 10,000 members; having offices in at least 20 provinces; and having at least 35 founders, who represent a minimum of 20 provinces. Although these thresholds have not explicitly referred to the ethnic composition of political parties, they were indeed designed to encourage broad-based parties given the regional concentration of ethnic groups. Even so, these laws have failed to encourage cross-ethnic parties or coalitions. Afghan parties have remained fragmented, personalized, and ethnic-based. In fact, no cross-ethnic party has grown in Afghanistan. Although some cross-ethnic coalitions have emerged during elections, they have failed to institutionalize as stable and cohesive political forces. This paper shows that the failure of laws to encourage cross-ethnic parties and coalitions has been due to their command-and control nature (as compared to incentive-based) and the fact that the laws have failed to set a regulatory framework for the cross-ethnic coalitions that have emerged, particularly during the presidential elections.
  PubDate: 2019-12-31
  DOI: 10.6092/issn.2531-6133/10333
  Issue No: Vol. 4, No. 2 (2019)
A Mistake of Natural Law: Sir William Blackstone and the Anglican Way
- Authors: Craig A. Stern
  Pages: 325 - 366
  Abstract: It is said that no book on the common law surpasses the importance of Sir William Blackstone’s Commentaries on the Laws of England. But it is also said that the Commentaries is of questionable merit, with aspects of it downright incoherent. The most fundamental element of the Commentaries to attract this disparaging characterization is its discussion and use of what it usually calls “the law of nature” — and what we these days usually call “natural law.” Does the Commentaries perpetrate a mistake — actually many mistakes — of natural law' This article answers that it is not the Commentaries, but rather its critics that perpetrate mistakes of natural law. The mistakes arise from the expectation that Blackstone’s natural law would take after Thomas Aquinas’s (or even Christopher St. German’s) natural law. But readers of the Commentaries who allow Blackstone his own way with natural law will find it a valuable treatment that animates the whole. Blackstone’s natural law owes much to two influences, Roman law and the Anglican Church. The second influence is the more distinctive and guides Blackstone’s response to the first. Both led Blackstone to view the natural law as an order immanent in human law, an order especially prominent within the common law. Seen in this light, natural law provides the foundation for the Commentaries and a foundation for understanding law in our own day.
  PubDate: 2019-12-31
  DOI: 10.6092/issn.2531-6133/10402
  Issue No: Vol. 4, No. 2 (2019)
Eu-China Bit and FTA Enhance Labor Cooperation and Protection
- Authors: Ronald C. Brown
  Pages: 367 - 389
  Abstract: Presentation at the 17th International Conference in Commemoration of Professor Marco Biagi, "The Collective Dimensions of Employment Relations: Organisational and Regulatory Challenges in a World of Work in Transformation", March 18th-19th, 2019, Marco Biagi Foundation - University of Modena and Reggio Emilia (Modena, Italy).
  PubDate: 2019-12-31
  DOI: 10.6092/issn.2531-6133/9820
  Issue No: Vol. 4, No. 2 (2019)
The Constitutional Dimension of European Criminal Law
- Authors: Valsamis Mitsilegas
  Pages: 390 - 397
  Abstract: Keynote speech for the Annual Colloquium of the University of Bologna Law Review, February 20th, 2019, Alma Mater Studiorum University of Bologna (Bologna, Italy).
  PubDate: 2019-12-31
  DOI: 10.6092/issn.2531-6133/10426
  Issue No: Vol. 4, No. 2 (2019)