Vita e Pensiero

The article, after some reflections on the essence of the principle of subsidiarity, analyses some particularly critical profiles concerning his implementation: the economic dimension of participation; the weakness of the connection between citizen’s participation and institutions; the ambiguous inhibition of conflictual participation.

The essay explores the complex intersection of artificial intelligence (AI) and intellectual property (IP) law, analyzing the legal implications concerning both the data inputs used to train AI systems and the outputs they generate. Regarding training data, the essay examines the increasing legal disputes over the alleged unauthorized use of copyrighted materials as well as the legality of web scraping for training purposes and the applicability of text and data mining exceptions. Concerning AI-generated outputs, the essay addresses the challenge of securing IP rights, particularly copyright, highlighting the ‘‘human author’’ requirement...

[A. TRAVI] D. Mantovani, La letteratura invisibile. I giuristi scrittori di Roma antica - [L. NIVARRA] C. Castronovo, Dogmatica del diritto

This contribution reconstructs the scientific journey of Franco Anelli, from his early work with the monograph Caso fortuito e rischio di impresa nella responsabilità del vettore (Accidental Event and Business Risk in Carrier Liability) (Milan, 1990) to his most significant work: L’alienazione in funzione di garanzia (Alienation for Guarantee Purposes) (Milan, 1996); and concludes with the works – Il matrimonio...

Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. Academics and policymakers have recently proposed a possible solution: require those entrusted with people’s data and online experiences to be loyal to those who trust them...

The essay takes its cue from a recent book in which, in adherence to studies that were conducted by Alessandro Giuliani, an argument is made for a return to the use of the regulae iuris. The author argues that this proposal is the result of an ideological adherence to methodological individualism that overshadows the fact that law always regulates relations between individuals in which a plurality of fundamental rights is at stake...

The Author, while examining the multifaceted theme of the ‘‘res judicata’’ through some innovations that pave the way for further prospects, imagines a declaratory jurisdictional function,redeemed from any stabilization of effects...