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Author: Eoin

Dr Eoin O'Dell is a Fellow and Associate Professor of Law at Trinity College Dublin.

Journalism and Blogging in the New York Review of Books

5 September, 20096 September, 2009
| 1 Comment
| Blogging, journalism, Media and Communications

New York Review of Books image, via their websiteThere is a wonderful essay by Michael Massing in the current edition of the New York Review of Books about the deepening relationship between print and online journalism. In form, it’s a review of Eric Boehlert Bloggers on the Bus: How the Internet Changed Politics and the Press (Free Press | Amazon), which traces the online events that affected the 2008 presidential campaign and reveals the stories of the internet activists who made them all possible, and Bill Wasik And Then There’s This: How Stories Live and Die in Viral Culture (Viking | Amazon), which seeks to demonstrate that the rise of the internet means that our culture is now created from the ground up. Common to both books is the argument that a small online quiver can easily become a massive earthquake in the real world. In fact, Massing’s piece is a fascinating assessment of the state of journalism on the internet, filled with references to all sorts of blogs, but which only tangentially touches on Boehlert’s and Wasik’s book. In that, I suppose, it’s much more like a long blogpost than a traditional book review.

Indeed, Massing’s piece almost resembles a blogpost in another way: the online version has links to many of the online sources referred to in the piece, a practice other publications could adopt, to save me having to add links when I quote paragraphs from newspaper websites – it is this kind of added value that makes online reporting different from the paper kind, and the sooner newspapers realise that the online version is not simply the text of the paper version, the better.…

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A salutary tale of a mistaken price

4 September, 200920 August, 2019
| 8 Comments
| Contract, Mistaken offers

Best Buy logo, via their site.Via ContractsProf, I learn that US discount retailer Best Buy will not honour a $9.99 big-screen TV deal which it had offered for sale on its website, because the terms on the site reserved its right to revoke offers or correct errors even if a credit card has already been charged. This is just the latest example of a common phenomenon; the biggest Irish example was last year’s Aer Lingus mistakenly priced flights fiasco; and they are in good company: it has happened to Amazon (2003); Argos (1999 and 2005); Avon (2004); Buy.com (1998); Dell (several times: 2001, 2003, 2004, 2005, 2008 – twice); Hoover (1992); Kodak (2002); Thai Airways (2003), Sony products in France (2004), and (hat tip Legal Eagle in the comments) JB Hi-Fi in Australia (2009).

Best Buy protected themselves against such errors by providing for them in their Conditions of Use:

Errors on Our Site
… Errors will be corrected where discovered, and Best Buy reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

…

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Announcing the Irish Law Quarterly

3 September, 20092 September, 2009
| No Comments
| Irish Law, Legal Journals and Law Reviews, open access

Image from Boole Library website, UCCIt is exciting news that there is to be a new online peer-reviewed Irish law journal, the Irish Law Quarterly. (Don’t be cynical: it is exciting news; and the world – or at least Ireland – really does need another one). According to the home page:

The ILQ is an innovative journal which aims at broad coverage of legal issues, national and international, both purely doctrinal and interdisciplinary. We aim at a diversity of high quality discussion of the law from any angle. Both commentary on current matters and more considered pieces are invited.

The ILQ is run by members of the Faculty of Law, UCC; and it is supported by a grant from the National Academy for Integration of Research, Teaching and Learning (NAIRTL – I have a similar list in the comments to this post). Contributions are encouraged and readers are needed. Both will benefit: the ILQ will consist of the full mix of articles, review articles, book reviews, notes and comments, and in doing so it will provide another outlet for academic scholarship and considered debate about important legal topics.

Publication will be online (and, as a bonus, the website has a wonderful collection of links to other similar online journals).…

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Globalisation alla Berlusconi: libel suits in many jurisdictions

2 September, 200928 November, 2012
| No Comments
| Freedom of Expression

Image of Times article, via La Repubblica's websiteHere we go again with yet another case of a head of state seeking to use the courts to curb uncomfortable press coverage. It is a popular tactic the world over – Charlie Haughey infamously relied on threats of libel action to stifle investigation of his private and financial affairs – and it is a game to which Silvio Berlusconi seems to devote himself with some alacrity, both at home and abroad. It gives a whole new meaning to globalisation. His latest forays are summarized by the TimesOnline (with added links):

Umberto Eco leads writers’ revolt against Silvio Berlusconi’s attempt to gag press

Richard Owen in Rome

Italy’s artistic and intellectual elite was in open revolt yesterday against Silvio Berlusconi’s moves to sue at least three newspapers at home and abroad. More than 120,000 people have signed an online petition defending press freedom.

Umberto Eco, perhaps the country’s leading writer, Dario Fo, the playwright, and Roberto Saviano, author of Gomorrah, the bestseller about the Naples Mafia, were among those signing the petition, started by La Repubblica. The paper is being sued for questioning the Prime Minister’s behaviour and private life.

Mr Eco said: “When someone has to intervene to defend freedom of the press it means that the society, and with it a great part of the press itself, is already sick.”

…

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From Lefkowitz via lines to Limerick

1 September, 20095 November, 2012
| No Comments
| Contract

One of the fur coats at issue in Lefkowitz, via the St Thomas courseweb site.It has become a rite of passage to stand in lines overnight or longer to be early in line to buy concert tickets, or houses off the plans (at least during now extinct Celtic Tiger years), or places in a school, or early into a sale in a favourite shop. Indeed, sometimes, shops advertise (in the shop window, a newspaper, etc) extra-special offers for the first few people in line. Have you ever wondered whether the shop’s advertisment of the special offer is enforceable? If so, you will consider that Lefkowitz v Great Minneapolis Surplus Store 251 Minn. 188, 86 N.W.2d 689 (Minn. 1957) (pdf | pdf | pdf | summary | wikipedia) is an entertaining contract law case (no, really, it is).

The store advertised in a Minneapolis newspaper that it would sell 3 fur coats for $1 each on a first-come first-served basis the following Saturday; the following week similarly advertised that it would sell 2 mink scarves and 1 lapin stole for $1 each on a first-come first-served basis the following Saturday (the image on the top left might or might not be one of the furs). On each occasion, Mr Lefkowitz was first through the door; on the first occasion, the store refused to sell on the grounds that the offer was intended for women; on the second, the store refused on the grounds that he now knew the store’s rules.…

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University Reform would set a Dangerous Precedent!

24 August, 200916 August, 2009
| 1 Comment
| Universities

Cambridge sunset, via Cambridge University websiteOn the process by which decisions are taken in the University, Intersecting Sets has this quote from Cornford’s sardonic Microcosmographia Academica (html | pdf):

No one can tell the difference between a Liberal Conservative Caucus and a Conservative Liberal one. There is nothing in the world more innocent than either. The most dare-devil action they ever take is to move for the appointment of a Syndicate ‘to consider what means, if any, can be discovered to prevent the Public Washing of Linen, and to report, if they can see straight, to the Non-placets.’ The result is the formation of an invertebrate body, which sits for two years, with growing discomfort, on the clothes-basket containing the linen. When the Syndicate is so stupefied that it has quite forgotten what it is sitting on, it issues three minority reports, of enormous bulk, on some different subject. The reports are referred by the Council to the Non-placets, and by the Non-placets to the wastepaper basket. This is called ‘reforming the University from within.’ (pp 6-7)

In a similar vein:

The Principle of the Dangerous Precedent is that you should not now do an admittedly right action for fear you, or your equally timid successors, should not have the courage to do right in some future case, which, ex hypothesi, is essentially different, but superficially resembles the present one.

…

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Laff, laff

23 August, 200923 August, 2009
| No Comments
| General

On Cobh’s misappropriation of Australia Day, if you can’t forget Skippy, then you can’t forget Lassie either. From Strange Brew via the Language Log:

Strange Brew

Language Log adds a further joke – I wonder if Simon Fodden would call this a lapdog?…

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Two journalists’ conceptions of source privilege

22 August, 200923 August, 2009
| 2 Comments
| General, journalism, Journalists' sources

Cover of Novak's autobiography In today’s Irish Times obituary of Robert Novak (pictured left, on the cover of his autobiography), there is an excellent summary of the Judith Miller affair. From the obituary (with added links):

Conservative US columnist revealed identity of CIA officer

… Six years ago, he crowned his long record of controversial disclosures by revealing the name and position of Valerie Plame, a clandestine CIA officer involved with intelligence on weapons of mass destruction. Her husband, Joseph Wilson, a former US diplomat, had enraged the Bush administration by publicly questioning the White House’s misuse of such intelligence to justify its invasion of Iraq.

Publishing Plame’s name broke federal law and there was a ferocious hunt for Novak’s source, which he stoutly refused to name. This witch-hunt eventually brought prison sentences for a New York Times reporter, Judith Miller, and for Lewis Libby, the chief of staff of former US vice-president Dick Cheney.

Under continuing pressure, Novak told all to a federal grand jury, naming the deputy secretary of state, Richard Armitage, and US president George W Bush’s political adviser Karl Rove as his sources. He justified his action on the basis that both officials had already identified themselves.

…

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Welcome

Me in a hat

Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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