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I.) Introduction

On April 19, 2015, the United States Supreme Court handed down their decision in Williams-Yulee v. The Florida Bar, upholding The Florida Bar rule barring candidates for judicial offices from directly soliciting campaign donations. The Supreme Court’s 5-4 decision saw Chief Justice John Roberts join Justices Sotomayor, Kagan, Ginsburg, and Breyer in rebuking the appellants claim that the restriction violated her First Amendment right to Freedom of Speech. This decision on face value bucks the recent trend of the Court of “invalidating and modifying overreaching campaign finance regulations by citing infringement of protected speech.”
The case will likely have little to no impact on this general direction of the court, exemplified in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), and McCutcheon v. Federal Election Commission, 134 S. Ct. 1434 (2014). The ruling in Williams-Yulee, while apparently in favor of certain limits on a certain type of campaign donations, is so narrowly applicable to the situation of the case at issue, and so narrowly held at 5-4, that it practically illuminates the outer limits on campaign finance and political speech acceptable by this court as being only slightly beyond none at all.

Williams-Yulee v. The Florida Bar: Judicial Elections as the Exception

 

 

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On May 26, 2015 the Supreme Court decided Commil USA, LLC v. Cisco Systems, Inc. Commil USA, LLC, owned a patent, number 6,430,395, for a method of implementing short-range wireless networks. The invention is used, for example, in a wireless system like a mobile device such as a phone and laptop computers. The device communicates with fixed “base stations” according to standardized procedures that govern how data exchanged between devices is formatted, ordered, maintained, and transmitted in a procedure referred to as “protocols.” Effective wireless communication requires that both the transmitting and receiving devices follow the same protocol. The court describes the relationship between the wireless communication and the patent as:

The ′395 patent relates to a method of providing faster and more reliable handoffs of mobile devices from one base station to another as a mobile device moves throughout a network area. The ′395 patent teaches that the communication protocol is divided based on time sensitivity. The portions of the protocol requiring accurate time synchronization—“real-time capabilities”—are performed at the base station. This part of the protocol is called the “low-level protocol.” Other parts of the protocol that are not time-sensitive comprise the “high-level protocol,” which is performed on another device called a switch. The base station and switch cooperate to handle a connection with a mobile unit. To implement the full communications protocol, the base station runs an instance of the low-level protocol for the connection and the switch runs a corresponding instance of the high-level protocol.
Commil claimed that Cisco Systems, Inc., a business that makes and sell wireless networking equipment, directly infringed Commil’s patent with its networking equipment. In addition, they claimed Cisco induced others to infringe the patent by selling the infringing equipment for the other’s use.
The issues of direct and indirect infringement are discussed with an emphasis here on the indirect (induced) infringement and using good-faith as a defense to it. The court held that Cisco did directly infringe and therefore the question becomes if Commil’s cause of action involves induced infringement, can Cisco argue that it believed in good faith that the patent was invalid as a defense? The Supreme Court held that a defendant’s belief regarding patent validity is not a defense to an induced infringement claim. Justice Scalia wrote a dissenting opinion, with whom Chief Justice Roberts joined.

Commil v. Cisco: The Future of Induced Infringement in Patent Law

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Summary of the Text

This article is the product of extensive research on the role of lawyers and ethical legal dilemmas in Italy during the Second World War. Specifically, it represents a concise summation of the attitudes, actions, and effects of Italian lawyers in Fascist society, particularly in relation to the race laws passed by Benito Mussolini in 1938 and the subsequent treatment of Jews living in Italy. Sources consulted include an array of legal and non-legal resources ranging from a complete history of lawyers since the unification of the Republic in 1861 to a collection of narratives authored by Italian Holocaust survivors.

Race Law Revisited: A Brief Review of Anti-Semitism and the Role of Lawyers in Fascist Italy

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The Key Importance of Data Protection

Progress and innovation have brought about in-depth changes in the way we live, move around and shape our world. Proof is given not only by the manifest changes in communication systems, but also by the even more substantial changes impacting business relations – such as the development of a data-driven digital economy, which is modifying the geographic distribution of power worldwide.

There are companies whose growth has caused havoc in time-honored mechanisms of competition since they can lay hands on the whole gamut of knowledge that is generated day by day by seven billion people.

This has to do with the exponential growth of Big Data, fueled by the intensive use of increasingly sophisticated and accurate computing techniques. This has to do with the Internet of Things and its manifold applications – from domotics to wearable technologies – which provide everyday objects with digital identities.

Vulnerable Person. Data Protection and Digital Society

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A new novel has been added to the pantheon of notable Italian literary words. The first novel by Andrew Anselmi, a New Jersey attorney, called the “Autumn Crush” is a story of immigration and immigrants coming to the U.S. On one level it is a story of the Benedetto family (named changed in America to “Bennett”), which family immigrated from Frosinone, province of Lazio, Italy, to the U.S. The novel discusses the angst of immigrants as well as their simultaneous joy and anguish. That is, their feelings include having to leave one’s birth country to come to America, and the joy to come to a country to allow to seek their fortune and escape their destiny. However, the novel exists and operates on multiple levels. That is, it discusses the relationship between the immigrants and the following generations, the progress of the generations as they seek the American dream and American prosperity, the clash between generations, the clash between American culture and traditional Italian culture, and continuing as well as on-going discrimination against Italian-Americans in the United States.
Because the author is an attorney, it should not surprise anyone that a good part of the novel deals with a criminal case in which case the main character, Guy Bennett, is accused of murdering his business partner, Vito Petrozzini, and his wife Lena. On that level ,the novel deals with Court strategies, legal ethics, legal mechanisms, and American law.

Review of Autumn Crush by Andrew Anselmi

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On global trends and national issues

Europe and Italy are finally emerging from recession. The OECD forecasts 0.6% growth in GDP for Italy in 2015, with potentially even more significant growth in 2016 (1.5%). The European Commission, too, is forecasting recovery, albeit limited, in Europe and Italy. The signs of recovery are weak but certain. In our country, sustained economic growth is essential both to maintaining social cohesion, which has been severely put to the test by high unemployment, and to ensuring the sustainability of the public debt.

During the years of crisis, anti-trust enforcement has held firm in Europe. Former European Commissioner for Competition Joaquín Almunia has always maintained that competition policy is one of the key instruments to end the crisis and get back on track to growth. The new Commissioner Margrethe Vestager began, in 2015, with a series of hardhitting competition protection measures, i.e. the statement of objections against Google of favoring its own Google Shopping sites, followed by the filing of antitrust charges against Russian energy giant Gazprom.

Competition Policy in the Italian Economy: Current Developments and Lines of Action

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I. INTRODUCTION

From the time Shannon Morell of Sterling, Michigan, underwent in vitro fertilization for the birth of twins in 2006, she and her husband, Paul Morell, regarded the six leftover frozen embryos as sacred. Then, on Feb. 17, 2009, Shannon and Paul Morell received astonishing news from the fertility clinic: all six of their frozen embryos had been accidentally transferred into the womb of another woman — and she was pregnant. For 36 weeks, Carolyn Savage of Sylvana, Ohio, carried the couple’s child, delivering a healthy 5-pound, 3-ounce boy. On Sept. 24, 2009, in an act of generosity and faith, Savage, then handed the baby back to his biological parents only 30 minutes after his birth, sealing a connection between the two families.

Unfortunately, not every case has a happy ending like the one experienced by Shannon and Paul Morell. Issues on custody of frozen embryos and parentage of the resulting child may sometimes arise even before the child is born. Beginning in 1985, Mary Sue and Junior Davis went through six attempts at in vitro fertilization (IVF). After fertilization was completed, a transfer was performed on December 10, 1988; the rest of the preembryos were cryogenically preserved. Unfortunately, a pregnancy did not result from the December 1988 transfer, and before another transfer could be attempted, Junior Davis filed for divorce. The controversy arose when Mary Sue requested custody of the couple’s seven frozen embryos during the divorce proceedings.

Legal and Ethical Considerations on the Use of Assisted Reproductive Technology in the United States and Italy

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Abstract:

Chief Justice Rehnquist, the Rehnquist Court, and the era of devolution have spawned a great deal of scholarly attention on the Court’s role in federalism. The Rehnquist Court itself has been the decider in a number of cases that have strengthened the role of state government under the 10th Amendment, and has led some in the field to argue that this Court waged a revolution of sorts to reestablish the lines of federalism. To find out if this argument has merit, we ask if the conservative justices of the Rehnquist and Roberts’ Courts based their vote decisions on their ideological policy attitudes or on their belief in federalism. We examine both conservative Courts to accomplish our goal, which is two fold. First, we are generally examining whether the prescribed federalism revolution of the Rehnquist Court is still being waged today, leading to the argument that conservative ideology produces more rulings in favor of state sovereignty, and if not, secondly, make the argument that the federalism doctrine of the Rehnquist Court was distinctive to that Court and not all conservative leaning Courts. In the end, this work seeks to add to the expanding literature on judicial decision-making, generally, and the Rehnquist and Roberts Courts, specifically.

Federalism Lost: The Roberts Court’s Failure to Continue Rehnquist’s Federalism Revolution

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The first annual report of the new Italian National Anti-Corruption Authority (ANAC), presented to the Italian Parliament on the 2nd of July 2015, was particularly significant for the Authority. I have the honour to preside over; it is an “official baptism”, considering that last year was the year in which in Italy an Authority charged with preventing corruption functions was effectively structured.

Preventing Corruption and Transparency

The Anti-Corruption Law, Law No. 190/2012, in execution of the Article 6 of the United Nations Convention against Corruption, designed an anti- corruption system based on prevention and introduced in Italy the National Anti-Corruption Authority that is the central actor of the system. The provisions introduced by the Anti-Corruption Law find an essential complement in the Legislative Decrees No. 33 and No. 39 of 2013, to which the Law has delegated the implementation of important principles and guidelines with reference, respectively, to the transparency and to the system of ineligibility and incompatibility of positions in public administration and in the Presidential Decree No. 62/2013 which sets out the rules of conduct for all civil servants.
The system has been completed in 2014 with the integration of the supervision on public contracts in the system of corruption prevention, according to the law decree No. 90/2014, converted with modification by the Law No. 114/2014.

The New Italian Anti-corruption Authority: Duties and Perspectives

Issue 24

ARTICLES

Race Law Revisited: A Brief Review of Anti-Semitism and the Role of Lawyers in Fascist Italy…………………………………………………………………….Brandon Gatto, Esq.

Legal and Ethical Considerations on the Use of Assisted Reproductive Technology in the United States and Italy……………………………………………….Valeria Camboni Miller

Federalism Lost: The Robert’s Court Failure to Continue Rehnquist’s Federalism Revolution Case……………………………………………………….Joshua R. Meddaugh, Ph.D   ………………………………………………………………………………John R. Theoadore, Esq.

ANNUAL REPORTS TO THE ITALIAN PARLIAMENT

The New Italian Anti-Corruption Authority: Duties and         Perspectives…………………………………………………………..Raffaele Cantone

Competition Policy in the Italian Economy: Current Developments and Lines of Action……………………………………………………………………Giovanni Pitruzzella             

 Vulnerable Person. Data Protection and Digital Society…..Anotonello Soro

BOOK REVIEW

Review of Autumn Crush by Andrew Anselmi…………………Joseph A. Sena, Jr., Esq.

CASE COMMENTS

2016 Case Comments……………………………………………..Editorial Staff (1) (2)