{"title":"Legacy of the Special Court for Sierra Leone: Creating Space for Non-Judicial Alternatives","authors":"L. Carter","doi":"10.25148/LAWREV.15.1.5","DOIUrl":"https://doi.org/10.25148/LAWREV.15.1.5","url":null,"abstract":"","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125201175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Closing Reflections on the Contributions on the SCSL’s Legal Legacy","authors":"C. Jalloh","doi":"10.25148/lawrev.15.1.19","DOIUrl":"https://doi.org/10.25148/lawrev.15.1.19","url":null,"abstract":"","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130151236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Legal Legacy that Opens the Way to Justice in Challenging Places and Times","authors":"S. Rapp","doi":"10.25148/lawrev.15.1.14","DOIUrl":"https://doi.org/10.25148/lawrev.15.1.14","url":null,"abstract":"","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"368 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125202786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The essay focuses on fashion and will cover distinct areas. It will first address the birth of “made in Italy” in the field of fashion from an historical point of view. It will then analyze the measures that the Italian government has launched in recent years to protect “traditional Italian brands”, and the various initiatives of certification and labeling in order to protect “made in Italy” fashion products. It will then focus on the enormous problems related to counterfeiting and, finally, on the new challenges such as the use of Blockchain as a strategy for the protection of “made in Italy” products, and how sustainability is, or should become, a part of the “made in Italy” paradigm. I. “Made in Italy”: A Brand With a Long Story ............................... 545 II. The Codification of “Good Taste” ............................................... 547 III. A New Beginning ....................................................................... 550 IV. The Birth of Fashion “Made in Italy” in the Post-War Times ....... 553 V. The Affirmation of “Made in Italy Fashion”: An Intricate Play of Forces ......................................................................................... 555 VI. Defining “Made in Italy” From a Legislative Point of View: A Complex Task ............................................................................. 556 VII. Counterfeiting and the Protection of Consumers .......................... 561 VIII. The Protection of the Historical Marks ........................................ 564 IX. Behind the Curtain of “Made in Italy” Today .............................. 565 X. The New Challenges ................................................................... 567 XI. Conclusions ................................................................................ 569 I. “MADE IN ITALY”: A BRAND WITH A LONG STORY Fashion has always been an important part of Italy’s cultural life, and more than in any other country, the image of Italy is associated with fashion. * Barbara Pozzo, Professor of Law, Ordinario di Diritto Privato Comparato, Direttore del Dipartimento di Diritto Economia e Culture (DIDEC), Coordinatore del Dottorato in Diritto e Scienze Umane, UNESCO Chair on Gender Equality, Università degli Studi dell'Insubria 1 Simona Segre Reinach, Made in Italy in Motion, 2 ZONEMODA J. 13, 13 (2011). 6 POZZO (DO NOT DELETE) 2/23/2021 3:49 PM 546 FIU Law Review [Vol. 14:545 Since the eleventh century, the development of the Communes in Italy brought about social and political changes that had their repercussions also in the field of fashion, where merchants and artisans played an important role. Slowly, the desire to look well-dressed abandoned the manors and reached a wider range of people. Artisans began to produce objects that, showed in fairs and markets, began to become the object of desire. Fashion can be talked about as early as the thirteenth century, as desire and display of objects conceived and produced to induce the p
{"title":"“Bello e Ben Fatto”—The Protection of Fashion “Made in Italy”","authors":"B. Pozzo","doi":"10.25148/LAWREV.14.3.9","DOIUrl":"https://doi.org/10.25148/LAWREV.14.3.9","url":null,"abstract":"The essay focuses on fashion and will cover distinct areas. It will first address the birth of “made in Italy” in the field of fashion from an historical point of view. It will then analyze the measures that the Italian government has launched in recent years to protect “traditional Italian brands”, and the various initiatives of certification and labeling in order to protect “made in Italy” fashion products. It will then focus on the enormous problems related to counterfeiting and, finally, on the new challenges such as the use of Blockchain as a strategy for the protection of “made in Italy” products, and how sustainability is, or should become, a part of the “made in Italy” paradigm. I. “Made in Italy”: A Brand With a Long Story ............................... 545 II. The Codification of “Good Taste” ............................................... 547 III. A New Beginning ....................................................................... 550 IV. The Birth of Fashion “Made in Italy” in the Post-War Times ....... 553 V. The Affirmation of “Made in Italy Fashion”: An Intricate Play of Forces ......................................................................................... 555 VI. Defining “Made in Italy” From a Legislative Point of View: A Complex Task ............................................................................. 556 VII. Counterfeiting and the Protection of Consumers .......................... 561 VIII. The Protection of the Historical Marks ........................................ 564 IX. Behind the Curtain of “Made in Italy” Today .............................. 565 X. The New Challenges ................................................................... 567 XI. Conclusions ................................................................................ 569 I. “MADE IN ITALY”: A BRAND WITH A LONG STORY Fashion has always been an important part of Italy’s cultural life, and more than in any other country, the image of Italy is associated with fashion. * Barbara Pozzo, Professor of Law, Ordinario di Diritto Privato Comparato, Direttore del Dipartimento di Diritto Economia e Culture (DIDEC), Coordinatore del Dottorato in Diritto e Scienze Umane, UNESCO Chair on Gender Equality, Università degli Studi dell'Insubria 1 Simona Segre Reinach, Made in Italy in Motion, 2 ZONEMODA J. 13, 13 (2011). 6 POZZO (DO NOT DELETE) 2/23/2021 3:49 PM 546 FIU Law Review [Vol. 14:545 Since the eleventh century, the development of the Communes in Italy brought about social and political changes that had their repercussions also in the field of fashion, where merchants and artisans played an important role. Slowly, the desire to look well-dressed abandoned the manors and reached a wider range of people. Artisans began to produce objects that, showed in fairs and markets, began to become the object of desire. Fashion can be talked about as early as the thirteenth century, as desire and display of objects conceived and produced to induce the p","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121450565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Letter from the Editor in Chief","authors":"","doi":"10.25148/lawrev.15.2.4","DOIUrl":"https://doi.org/10.25148/lawrev.15.2.4","url":null,"abstract":"","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129531063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
How do failures to reconcile international law with local knowledge in moments of political crisis frustrate compliance, foment conspiracy, and foster backlash? This article illuminates this puzzle through a case study of the law and politics surrounding the destructive outbreak of xylella fastidiosa amidst the olive groves of Italy since 2013. The epidemic prompted interventions by the European Commission and the European Court of Justice to limit the pathogen’s diffusion by applying EU environmental regulations and mandating the eradication of thousands of trees. Yet given limited consultations of local stakeholders and lackluster local knowledge, the EU’s containment efforts backfired, sparking a farmers’ revolt and prompting Italian judges to traffic in conspiracy to obstruct compliance. Drawing on theories of legal mobilization and political sociologies of contentious events, Italy’s olive crisis exemplifies the rise of a contentious politics of resentment that can desiccate the on-the-ground authority of even well-entrenched transnational legal orders.
在政治危机时刻，未能将国际法与当地知识协调起来，如何阻碍遵守、煽动阴谋并助长反弹?本文通过对2013年以来意大利橄榄林中爆发的苛性木杆菌破坏性疫情的法律和政治案例研究，阐明了这一难题。这一流行病促使欧洲委员会(European Commission)和欧洲法院(European Court of Justice)采取干预措施，通过实施欧盟环境法规和强制铲除数千棵树木来限制病原体的扩散。然而，由于与当地利益相关者的磋商有限，对当地的了解也很有限，欧盟的遏制措施适得其反，引发了农民的反抗，促使意大利法官串通一气，阻挠合规。借鉴法律动员理论和争议事件的政治社会学，意大利的橄榄危机体现了一种有争议的怨恨政治的兴起，这种政治可能会使根深蒂固的跨国法律秩序的实地权威变得干涸。
{"title":"Like Oil Floating on Water: Italy’s Olive Crisis and the Politics of Backlash against Transnational Legal Orders","authors":"T. Pavone","doi":"10.25148/LAWREV.14.3.13","DOIUrl":"https://doi.org/10.25148/LAWREV.14.3.13","url":null,"abstract":"How do failures to reconcile international law with local knowledge in moments of political crisis frustrate compliance, foment conspiracy, and foster backlash? This article illuminates this puzzle through a case study of the law and politics surrounding the destructive outbreak of xylella fastidiosa amidst the olive groves of Italy since 2013. The epidemic prompted interventions by the European Commission and the European Court of Justice to limit the pathogen’s diffusion by applying EU environmental regulations and mandating the eradication of thousands of trees. Yet given limited consultations of local stakeholders and lackluster local knowledge, the EU’s containment efforts backfired, sparking a farmers’ revolt and prompting Italian judges to traffic in conspiracy to obstruct compliance. Drawing on theories of legal mobilization and political sociologies of contentious events, Italy’s olive crisis exemplifies the rise of a contentious politics of resentment that can desiccate the on-the-ground authority of even well-entrenched transnational legal orders.","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132717625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As data breaches become more frequent, those whose data has been stolen have begun to sue the companies that kept their personal data. In order to sue in federal court for this issue, the plaintiffs need to satisfy Article III standing. To satisfy Article III standing, plaintiffs need to show that they suffered an injury in fact. The Sixth, Seventh, Ninth, and D.C. Circuit Courts of Appeals have held that the risk of future identity theft arising from a data breach is enough to establish the injury requirement under Article III. Although not in a data breach case, the Eleventh Circuit has also found that the risk of identity theft is sufficient to establish an injury in fact. In contrast, the Second, Third, Fourth, and Eighth Circuit Courts of Appeals have refused to find an injury in fact based on the increased risk of identity theft arising from a data breach. Although not in a data breach case, the First Circuit Court of Appeals has also found that the risk of identity theft is not sufficient for a plaintiff to have standing to sue in federal court. The Fifth and Tenth Circuits have not yet weighed in on the issue. The Supreme Court has also refused its opportunity to address the circuit split. The Supreme Court should address the issue and find that a data breach victim has suffered an injury in fact based on an increased risk of identity theft because (1) previous Supreme Court decisions regarding an injury in fact support that finding; (2) statistics and legislative action show a correlation between data breaches and identity theft; and (3) finding an injury in fact is the equitable result based on the pervasiveness of data breaches and the burden a data breach imposes on a victim, including economic and emotional burden. The Court should find an injury in fact for all victims of a data breach, including victims of data breaches that occurred during a physical laptop or box theft, and when the information stolen in the breach is credit or debit card information.
{"title":"Circuit Courts Split: Victim of a Data Breach? Can You “STAND” and Sue in Federal Court?","authors":"Darlyn de la Rosa","doi":"10.25148/lawrev.15.1.21","DOIUrl":"https://doi.org/10.25148/lawrev.15.1.21","url":null,"abstract":"As data breaches become more frequent, those whose data has been stolen have begun to sue the companies that kept their personal data. In order to sue in federal court for this issue, the plaintiffs need to satisfy Article III standing. To satisfy Article III standing, plaintiffs need to show that they suffered an injury in fact. The Sixth, Seventh, Ninth, and D.C. Circuit Courts of Appeals have held that the risk of future identity theft arising from a data breach is enough to establish the injury requirement under Article III. Although not in a data breach case, the Eleventh Circuit has also found that the risk of identity theft is sufficient to establish an injury in fact. In contrast, the Second, Third, Fourth, and Eighth Circuit Courts of Appeals have refused to find an injury in fact based on the increased risk of identity theft arising from a data breach. Although not in a data breach case, the First Circuit Court of Appeals has also found that the risk of identity theft is not sufficient for a plaintiff to have standing to sue in federal court. The Fifth and Tenth Circuits have not yet weighed in on the issue. The Supreme Court has also refused its opportunity to address the circuit split. The Supreme Court should address the issue and find that a data breach victim has suffered an injury in fact based on an increased risk of identity theft because (1) previous Supreme Court decisions regarding an injury in fact support that finding; (2) statistics and legislative action show a correlation between data breaches and identity theft; and (3) finding an injury in fact is the equitable result based on the pervasiveness of data breaches and the burden a data breach imposes on a victim, including economic and emotional burden. The Court should find an injury in fact for all victims of a data breach, including victims of data breaches that occurred during a physical laptop or box theft, and when the information stolen in the breach is credit or debit card information.","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127460991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Geographical indications are a type of intellectual property right that can be used to protect a source indicator when some quality, characteristic, or reputation of a good is attributable to its geographic origin. To the extent that geographic location and culture overlap, geographical indications could be described as a form of cultural protection. Italy, which is known for both its food and fashion, has geographical indications for a range of items, such as extra virgin olive oils, pastas, and wines. Can geographical indications protect other aspects of culture, such as fashion? For example, the famous Italian designer, Valentino, received both praise and criticism for footwear modeled on royal sandals from Ghana. This essay explores the potential to use geographical indications as a form of cultural protection that extends beyond food and wines to protect culturally identifiable fashion items.
{"title":"Protecting Culturally Identifiable Fashion: What Role for GIs?","authors":"J. J. OseiTutu","doi":"10.25148/LAWREV.14.3.10","DOIUrl":"https://doi.org/10.25148/LAWREV.14.3.10","url":null,"abstract":"Geographical indications are a type of intellectual property right that can be used to protect a source indicator when some quality, characteristic, or reputation of a good is attributable to its geographic origin. To the extent that geographic location and culture overlap, geographical indications could be described as a form of cultural protection. Italy, which is known for both its food and fashion, has geographical indications for a range of items, such as extra virgin olive oils, pastas, and wines. Can geographical indications protect other aspects of culture, such as fashion? For example, the famous Italian designer, Valentino, received both praise and criticism for footwear modeled on royal sandals from Ghana. This essay explores the potential to use geographical indications as a form of cultural protection that extends beyond food and wines to protect culturally identifiable fashion items.","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126135654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This short symposium contribution discusses the concept of greatest responsibility for international crimes in the context of Charles Jalloh's excellent book on the legal legacy of the Special Court for Sierra Leone.
{"title":"Who Bears the Greatest Responsibility for International Crimes?","authors":"Margaret M. deGuzman","doi":"10.25148/lawrev.15.1.7","DOIUrl":"https://doi.org/10.25148/lawrev.15.1.7","url":null,"abstract":"This short symposium contribution discusses the concept of greatest responsibility for international crimes in the context of Charles Jalloh's excellent book on the legal legacy of the Special Court for Sierra Leone.","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"269 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132539040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Continued Relevance of the Contributions of the Sierra Leone Tribunal to International Criminal Law","authors":"C. Jalloh","doi":"10.25148/lawrev.15.1.4","DOIUrl":"https://doi.org/10.25148/lawrev.15.1.4","url":null,"abstract":"","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115756359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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