Roma Tre Law Review – 01/2023

Editore: RomaTrE-Press
Data di pubblicazione: ottobre 2023
Pagine: 246
ISBN: 2704-9043
n° downloads ad oggi: 439

Abstract

The Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in law

Contributi

Quality and Pluralism in European Legal Teaching

Maria Cecilia Paglietti 

In the field of modern legal education, the question we should ask our-selves is: what kind of jurists do we want to train? The answer to the question is crucial because the choice of educational model is neither ethically nor politically neutral, neither is legal education. The Clinical Legal Movement (CLM) might contribute to the purpose of reinventing legal education in Europe. I think the time has come for a systematic scholarly debate in the European legal academia and it seems to me that it should polarize around two issues: quality (ensure the inclusiveness of the quality dimensions for law clinics and the preservation of the diversity of the higher education institutions and teaching-learning modalities across the EU) and pluralism (of the models of clinical legal teaching -live-client, externship/internship programs-, of the areas of law covered -traditional/business-, of the students reached (politically minded, social committed or more business oriented).

DOI: 10.13134/2704-9043/1-2023/1

Legal clinics as a leading force for changes in legal education

Laura Bugatti 

Criticisms of legal education have remained persistent over time, and the need for change and reform is a global concern. The current approach to legal education in civil law countries reflects the need to turn from a dogmatic to a problematic approach in order to consider both practical issues and social demands. Against this backdrop, the paper aims to explore the role played by clinical legal education in order to align continental legal education with this ambition, thereby making law school experiences more educational for students and, at the same time, promoting social justice and upholding the rule of law.

DOI: 10.13134/2704-9043/1-2023/2

“The reproduction of hierarchy” in Italian law departments and innovative teaching. The role of law clinics

Giacomo Capuzzo 

The topic of innovative teaching must be framed through a discourse that recognizes the eminently political nature of law departments. It is not possible to disregard, in the study of legal education, the fact that courses of study and teaching activities have nothing merely technical and
neutral about them; they are practices and tools that are functional in placing students within social hierarchies proper to the legal world that awaits them. The law department is thus a hierarchically organized space in which students are taught the body of knowledge necessary to be part of that hierarchy. Every aspect of legal education is functional to hierarchical reproduction, from classes to curricula to teaching methods. The goal of critical study is to question legal education, expose the ideology behind it and propose alternative practices. In this sense, clinical legal education (CLE) can be conceived of as an innovative teaching that eschews hierarchical reproduction, as long as it is configured as a transformative practice that aims to protect general interests through collective conceived access to courts. In this way, students are immersed in an alternative, egalitarian educational space of shared and interdisciplinary knowledge.

DOI: 10.13134/2704-9043/1-2023/3

What is the identity of european clinical legal education?

Paul McKeown 

This article will explore whether there is, or can be, a common identity for the clinical legal education movement in Europe, despite differing traditions across the continent. The definition of clinical legal education will be critically analysed exploring the teaching methods and the purported aims of clinical legal education encompassing both the educational and social justice mission. Different models of clinical legal education will be analysed, such as live-client, placements, policy clinic, public legal education and, perhaps most controversially, simulated legal clinic. Each model of will be evaluated to establish whether it satisfies the perceived identity of clinical legal education. In conclusion, the article will advance the case for a broad notion of clinical legal education within Europe placing the student at the heart of its mission. Clinical legal education should be an inclusive movement, encouraging innovation to address the needs of students and society as a whole.

DOI: 10.13134/2704-9043/1-2023/4

Beyond dichotomies: integrating social aims and market considerations in eu legal clinics

Cristina Poncibò 

Legal clinics in the European Union find themselves at the intersection of social aims and market considerations, navigating a delicate balance to fulfil their mission effectively. While their primary focus is to serve the social good and promote access to justice, they also need to consider the market realities of the legal profession. The Start-up Legal Lab at the Law Department of the University of Turin aligns with the proposed approach by embracing both market-oriented experiential practice and the pursuit of social aims. This approach recognises the interconnectedness of these two aspects and acknowledges that they should not be treated as separate or opposing forces. This approach leads to innovative solutions, a deeper understanding of legal issues, and ultimately, a more just and equitable legal system.

DOI: 10.13134/2704-9043/1-2023/5

Learning by caring: a proposal for a feminist perspective on clinical legal education

Enrica Rigo 

Rather than maintaining a contraposition between the professional and the social justice model of legal clinics, the article proposes a care-oriented approach to clinical legal education. The learning by caring methodology provides a lens for a feminist perspective on clinical legal education that goes beyond the ‘feminization’ of the themes confronted in the clinics. Caring implies an approach to law and social justice that calls into question traditional paradigms of access to justice centered on legal decisions and rights adjudication. More than calling for problem solving approaches caring calls for medium- and long-term strategies that take charge of the problems at stake.

DOI: 10.13134/2704-9043/1-2023/6

Access to free legal aid in Uzbekistan: the case of tsul legal clinic

Islambek Rustambekov Otabek Narziev 

This paper outlines the practice of Uzbekistan in launching a free legal aid initiative in the form of legal clinic activity at Tashkent State University of Law. It mainly focuses on a brief analysis of clinical education in Uzbekistan; shapes the legal status, main tasks, and forms of activity of the TSUL legal clinic; and highlights the main problems and development perspectives of legal clinic activity in Uzbekistan.

DOI: 10.13134/2704-9043/1-2023/7

The effectiveness of judicial protection of prisoners’ rights

Anna Maratea  Giulia Fiorelli  Patrizio Gonnella  Silvia Piergiovanni 

The paper results from a research project which aims at critically reconstructing the different levels at which the system of protection of prisoners' rights is articulated. In par- ticular, after analysing the non-jurisdictional instruments, the essay will focus mainly on the forms of jurisdictional complaints, in order to highlight the profiles that still risk undermining their effectiveness.

DOI: 10.13134/2704-9043/1-2023/8

Nascent machines: a comparative look toward united states and italian constitutional copyright protections

Mariagrazia Ientile 

Just like Victor Frankenstein’s infamous monster, artificial intelligence is a devel- oping hodgepodge in need of supervision. The broad applicability of AI in its current, nascent state warrants specific regulation that addresses the need for (1) a uniform, legislative definition of artificial intelligence, (2) a determination of the requisite degree of human participation in artificial intelligence machine usage that is both sufficient and necessary for copyright protec- tion, (3) an ad hoc approach to future litigation involving artificial intelligence usage, and (4) both the precautionary and innovation principles to be considered as overarching guidance in the regulation of artificial intelligence. This paper provides a comparative analysis of United States and Italian Constitution and copyright protections afforded to humans as contrasted to artificial intelligence. As such, this paper will first establish some background on artificial in- telligence regarding how it is used to derive outputs under its human user’s direction. The ap- plicability of United States and Italian laws will also be briefly overviewed alongside the precautionary and innovation principles. An analytical comparison of United States and Italian Constitution and copyright provisions will provide the foundation for the above referenced four-part solution. Responses to possible counterarguments will also be addressed and rebutted.

DOI: 10.13134/2704-9043/1-2023/9

Automating the judicial system: embracing artificial intelligence for transparency and efficiency

Gulyamov Said Saidakhrarovich 

This article describes the mechanism for using artificial intelligence (AI) in leg- islative, executive and judicial activities, defines the goals, objectives and functions of AI, as well as the positive and negative aspects of its implementation in the state management system. The author argues that the use of AI in the legal field can help increase transparency, fairness and efficiency of the judicial process, and can also contribute to the development of new human rights, such as the predictability of the law and the right to peace of mind. The article also high- lights the risks associated with the use of AI in the legal field, such as the possibility of dehu- manizing the justice system, the need to establish ethical, legal and technological principles for the implementation of AI in the judicial process.

DOI: 10.13134/2704-9043/1-2023/10

Between law and academic novel: obiter dicta by F. Annunziata

David De Concilio 

DOI: 10.13134/2704-9043/1-2023/11

Towards psd3: the dynamics of digitalized payment services market

Federico Di Silvestre 

DOI: 10.13134/2704-9043/1-2023/12

Making the manifold: private law to the test of the commons in a book by M. Spanò

Sirio Zolea 

DOI: 10.13134/2704-9043/1-2023/13

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