Daniela Caruso

Professor of Law

Jean Monnet European Union Professor

LLB summa cum laude, University of Bari (Italy)
LLM, Harvard University
Doctorate in Comparative Law, University of Florence (Italy)

Areas of Interest
Contracts, International & Comparative Law
Contact
Biography

Professor Daniela Caruso has taught Contracts and European Union law at BU Law for many years. She has also taught a variety of law seminars and an interdisciplinary course on Autism at the Kilachand Honors College. In her EU Law publications, she has focused on private law as a particularly effective tool for analyzing the political transformation of supranational institutions. She has also written on equality and federalism, on the implications of European integration for state-based social legislation, and on regional policies. Professor Caruso is frequently invited to lecture on such topics. In 2008, she was visiting professor and John Harvey Gregory Lecturer on World Organization at Harvard Law School. More recently, she has lectured at Oxford, at the London School of Economics, and at the Universities of Pisa and Amsterdam. “The legal integration of the European Union illustrates most vividly the impact of free trade on the social and political structures of sovereign nations,” she explains. In matters of contract law, her articles have dealt with the distributive impact of pseudo-contractual mechanisms in the delivery of special education services, and with the links between contract doctrines and welfare reform in domestic and comparative perspectives. Her article “Autism in the US: Social Movement and Legal Change” was published by the American Journal of Law and Medicine (2010). More recently, her articles have been published by the American Journal of Comparative Law and by the European Law Journal. Her pro-bono work concerns special education law and residential mental health units.

Publications
  1. Daniela Caruso, "The Transformation of Europe in US Legal Academia and its Legacy in the Field of Private Law," in Revisiting The Transformation of Europe , M. Maduro & M. Wind, eds., Cambridge University Press (forthcoming).
  2. Daniela Caruso, "Fairness at a Time of Perplexity: The Civil Law Principle of Fairness in the Court of Justice of the European Union," in General Principles of Law: European and Comparative Perspectives , Stefan Vogenauer & Stephen Weatherill, eds., Hart Publishing (2017). Publisher | SSRN | Scholarly Commons
  3. Daniela Caruso & Joanna Geneve, "Melki in Context: Algeria and European Legal Integration," in EU Law Stories: Contextual and Critical Histories of European Jurisprudence , William Davies & Fernanda Nicola, eds., Cambridge University Press (2017). SSRN | Publisher | Scholarly Commons
  4. Daniela Caruso, "Qu'ils mangent des contrats: Rethinking Justice in EU Contract Law," in Europe's Justice Deficit? 367, Dimity Kochenov, Graninne de Burca & Andrew Williams, eds., Hart Publishing (2015). SSRN | Scholarly Commons
  5. Daniela Caruso & Joanna Geneve, "Trade and History: The Case of EU-Algeria Relations," Boston University International Law Journal Online (Feb 17, 2015).
    Publisher | SSRN | Scholarly Commons
  6. Daniela Caruso, "Lost at Sea," 15 German Law Journal 1197 (2014). [Special Section: Europe and the Lost Generation]
    SSRN | Publisher | Scholarly Commons
  7. Daniela Caruso, "The Baby and the Bath Water: The American Critique of European Contract Law," 61 American Journal of Comparative Law 479 (2013).
    SSRN | HeinOnline (BU) | HeinOnline | Scholarly Commons
  8. Daniela Caruso, "Black Lists and Private Autonomy in EU Contract Law," in The Involvement of EU Law in Private Law Relationships 291, Dorota Leczykiewicz & Stephen Weatherill, eds., Hart Publishing (2013). SSRN | Scholarly Commons
  9. Daniela Caruso & R. Pardolesi, "Per una storia della direttiva sulla responsabilità da prodotto difettoso," 2012 Danno e Responsabilta 9 (2012). Special Issue on Product Liability
  10. Daniela Caruso, The Cambridge Companion to European Union Private Law, Christian Twigg-Flesner, ed., Cambridge University Press (2010), 24 European Union Studies Association Review (2011).
  11. Daniela Caruso, "Direct Concern in Regional Policy: The European Court of Justice and the Southern Question," 17 European Law Journal 804 (2011).
  12. Daniela Caruso, "E.U. Law in U.S. Legal Academia," in Symposium The European Union 20 Years after Maastricht? Transatlantic Perspectives, 20 Tulane Journal of International and Comparative Law 175 (2011).
    SSRN
  13. Daniela Caruso, "Autism in the US: Social Movement and Legal Change," 36 American Journal of Law and Medicine (2010).
    SSRN
  14. Daniela Caruso, "(Presidential) Powers in the European Union," 88 Boston University Law Review 561 (2008).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  15. Daniela Caruso, "Contract Law and Distribution in the Age of Welfare Reform," 49 Arizona Law Review 665 (2007).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  16. Daniela Caruso, "Private Law and State Making in the Age of Globalization," 39 New York University Journal of International Law and Politics 1 (2006). Reprinted in Corporate Business Responsibility 121, Justin O'Brien, ed., Ashgate (2009).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw | SSRN
  17. Daniela Caruso, "Bargaining and Distribution in Special Education," 14 Cornell Journal of Law and Public Policy 171 (2005).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  18. Daniela Caruso, "Lochner in Europe: A Comment on Keith Whittington's 'Congress Before the Lochner Court'," 85 Boston University Law Review 867 (2005).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  19. Daniela Caruso, "Private Law and Public Stakes in European Integration: The Case of Property," 10 European Law Journal 751 (2004).
  20. Daniela Caruso, "Limits of the Classic Method: Positive Action in the European Union After the New Equality Directives," 44 Harvard International Law Journal 331 (2003).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw | SSRN
  21. Daniela Caruso, "The Missing View of the Cathedral: The Private Law Paradigm of European Legal Integration," 3 European Law Journal 3 (1997).
  22. Daniela Caruso, Culpa in Contrahendo: l'Esperiènza Statunitense e Quella Italiana, Giuffre (1993).
Courses

3 credits

The first half of this seminar surveys the origins and development of the WTO, with emphasis on the WTO legal process and its interaction with U.S. trade agencies. It explores the philosophical underpinnings of free trade and its impact on developed, developing, and least developed countries. Each session compares U.S. and EU approaches to trade regulation. Meanwhile, in consultation with the instructor and Law Library staff, students develop individual research projects and produce thick outlines. The second half of the semester is devoted to students' presentations of their work in progress. A polished paper is expected of each student by the end of the exam period. Shorter response papers may also be required. A limited number of second-year law students will be allowed to satisfy the upper-class writing requirement through this seminar with the instructor's approval (first come, first served). This seminar is open to law students, graduate students in International Relations and advanced IR majors. As it originates in the Law School, it will follow the Law School's calendar and time schedule. GRADING NOTICE: This class does not offer the CR/NC/H option.

SPRG 2018: LAW JD 880 A1 , Jan 22nd to Apr 23rd 2018
Days Start End Credits Instructors Bldg
Mon 2:10 pm 4:10 pm 3 Daniela Caruso LAW
SPRG 2019: LAW JD 880 A1 , Jan 28th to Apr 22nd 2019
Days Start End Credits Instructors Bldg
Mon 2:10 pm 4:10 pm 3 Daniela Caruso

3 credits

The first half of this seminar surveys the origins and development of the WTO, with emphasis on the WTO legal process and its interaction with U.S. trade agencies. It explores the philosophical underpinnings of free trade and its impact on developed, developing, and least developed countries. Each session compares U.S. and EU approaches to trade regulation. Meanwhile, in consultation with the instructor and Law Library staff, students develop individual research projects and produce thick outlines. The second half of the semester is devoted to students' presentations of their work in progress. A polished paper is expected of each student by the end of the exam period. Shorter response papers may also be required. A limited number of second-year law students will be allowed to satisfy the upper-class writing requirement through this seminar with the instructor's approval (first come, first served). GRADING NOTICE: This class does not offer the CR/NC/H option.

SPRG 2018: LAW JD 858 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg
Wed 10:40 am 12:40 pm 3 Daniela Caruso LAW
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