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Author: Eoin

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

Perspectives on Academic Freedom

26 June, 200927 June, 2009
| 5 Comments
| Academic Freedom, Freedom of Expression, Universities

ACTA Report cover, via their siteOne of my favourite blogs is Erin O’Connor’s Critical Mass, a blog dedicated to commentary on the state of academe in general and American higher education in particular. She is invariably interesting and unfailingly provocative, if not always right; and her discussions of academic freedom in all its guises have helped to clarify what I think about such matters. Last week, she blogged about a new report from the American Council of Trustees and Alumni (ACTA, where she is a Research Fellow) on Protecting the Free Exchange of Ideas. How Trustees Can Advance Intellectual Diversity on Campus (pdf); its abstract:

This report features ten best practices, gleaned from colleges and universities across the country, for promoting the free exchange of ideas in and out of the classroom. Since intellectual diversity is at the core of any true university education, the report commends institutions that have taken action, urges them to keep at it, and exhorts other boards to play their proper leadership role–working, of course, with administrators, faculty, alumni, and donors–in guaranteeing and enriching the intellectual environment on campus.

The ten principles discussed in detail in the report are

  1. Survey the campus climate.
  2. Incorporate intellectual diversity into institutional statements and policies.
…

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Alien versus Creditor

14 June, 20097 June, 2009
| No Comments
| Cinema, television and theatre, General

A movie morality tale for our times, via Courtoons:

Alien versus Creditor cartoon, via Courtoons

…

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No Supreme Court judgment yet in journalists’ sources appeal

12 June, 200918 January, 2010
| No Comments
| Irish cases, Journalists' sources

Irish Times clock, image originally hosted on Irish Times websiteIt is said that patience is a virtue. It seems that the Supreme Court is determined to make us all virtuous. As we eagerly await their decision in the appeal from the decision of the High Court in Mahon v Keena [2007] IEHC 348 (23 October 2007), it appears we shall have to hold our souls in patience for a while longer. (I think Ambrose Bierce got it right in the wonderfully acerbic Devil’s Dictionary when he defined “patience” as a “minor form of despair, disguised as a virtue”). From today’s Irish Times:

No ruling yet on journalists’ appeal

Mary Carolan

The Supreme Court may rule next month or in the autumn on the appeal by Irish Times editor Geraldine Kennedy and public affairs correspondent Colm Keena against a court order requiring them to answer questions from the Mahon tribunal. The questions relate to the source of an article about financial payments to former taoiseach Bertie Ahern.

The two-day appeal concluded before a five-judge Supreme Court last December, when judgment was reserved. Legislation requires that it be listed for review at regular intervals. The Chief Justice, Mr Justice John Murray yesterday further listed the matter for July 31st, the last day of the existing law term.

…

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European Charter on Freedom of the Press

10 June, 20092 August, 2009
| 1 Comment
| Digital Rights, EU media policy, Freedom of Expression, Journalists' sources, Media and Communications
'Silvio Berlusconi and Mara Carfagna, via New York Times
Jörges hands over the Charter to Reding (Photo: EUobserver)

On 25 May 25 2009, 48 editors-in-chief and leading journalists from 19 countries adopted and signed the European Charter on Freedom of the Press in Hamburg. In ten articles, the Charter formulates principles for the freedom of the press from government interference. Yesterday, the Charter was presented to the EU Commissioner for the Information Society and Media (hat tip: European Media Blog; see EU press relase).

From the EUobserver:

European press freedom charter launched

In an effort to counter increasing worries about infringement of press freedom by governments in Europe, both within the EU and beyond, the editor-in-chief of Germany’s weekly Stern magazine [Hans-Ulrich Jörges], together with EU media commissioner Viviane Reding on Tuesday (9 June) celebrated the launch of the European Charter on Freedom of the Press … In March, the Open Society Institute‘s media programme – a pressure group focussing on media freedom in emerging democracies – criticised the European Commission in a report that argued that broadcasting across Europe, particularly in the east but also in Italy, is undergoing a “counter-reformation” – a backsliding towards overt political control after the post-Cold War period, when leaders relaxed their grip on TV and radio.

…

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Creative Commons in Ireland: Cimín Cruthaitheach in Éireann

8 June, 20098 June, 2009
| 4 Comments
| Copyright, Digital Rights, Irish Law, Language

Creative CommonsThere is a tension at the heart of creativity. On the one hand, I might be moved by the muse to write/paint/create something interesting (I know, if you’ve read anything on this blog, you might wonder if that muse has ever struck, but bear with me). If I am, the law is likely to reward me for doing so by giving me a copyright (or similar intellectual property right) in what I have written/painted/created. On the other hand, the muse might strike you in such a way as to develop what I have done (entirely plausible, if you ask me), but my copyright protection can make this hard for you. You could email me and ask me if I’d let you do it, and I’d probably say yes. But now, multiply this a million million fold, to take into account everyone who has copyright and everyone who wants to develop a copyrighted work. Asking for individual permission every time becomes a logistical nightmare. So, Creative Commons has filled the gap, by drafting licences which any copyright holder may use to determine how others may exercise their copyright rights. If you look below the last post at the bottom of this page, you will see that I use just such a licence to allow you to use and share the contents of this blog, provided that you do so for non-commercial reasons and give me an attribution.…

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Laptop fever

8 June, 20097 June, 2009
| 3 Comments
| General

Laptops in law school classroom.Ireland’s leading celebrity academic blogger discusses a the theme of Laptops in class:

Laptop fever

… the laptop is now a common sight in the lecture theatre or classroom, with an increasing number of students bringing them along and using them visibly. … Generally I am a supporter of the use of technology where it assists, and I see no reason why this should not apply to the laptop. …

Anyway, I am now bringing my own laptop along to meetings. It’s useful, and great when things get boring.

Ah, boring meetings. That explains a lot. It must be when he gets the time to write his blog posts :-)…

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Facebook and Privacy

7 June, 20097 June, 2009
| No Comments
| Privacy

Via Chris Slane‘s wonderful Privacy Cartoon Portfolio, a poster for last month’s Privacy Awareness Week in New Zealand:

Facebook Friend, for Privacy Awareness Week in NZ

…

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Cowengate caricatures “didn’t bother” Cowen: why the fuss?

6 June, 200920 January, 2013
| No Comments
| Blogging, Censorship, Freedom of Expression, Irish Society, Sedition

Hot Press cover, via their siteOn the top right hand corner of a cover of Hot Press (pictured left) runs a quote from the Taoiseach (Prime Minister), Brian Cowen:

Those paintings didn’t bother me

It is a teaser for a full interview with Jason O’Toole in which Cowen talks about the current economic crisis and his party’s electoral prospects. This is what he said about those paintings:

Do you read any of the political blogs written about you and your government?
No, I don’t. I’ve been too busy trying to do my job.

Do you think the recent controversy over the painting was blown out of proportion?
I made no comment about it at the time. As far as I was concerned, it was obviously a stunt. I know some people thought it wasn’t in great taste, but I just stayed out of it. I have a thick enough political skin at this stage – formed over the 25 years I’ve been in this business – not to be bothered by something like that.

So, just what was all the fuss about?…

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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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  • A trillion here, a quadrillion there …
  • A New Look at vouchers in liquidations
  • Defamation reform – one step backward, one step forward, and a mis-step
  • As I was saying before I was so rudely interrupted … the Defamation (Amendment) Bill, 2024 has been restored to the Order Paper
  • Defamation in the Programme for Government – Updates
  • Properly distributing the burden of a debt, and the actual and presumed intentions of the parties: non-theories, theories and meta-theories of subrogation
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This blog is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. I am happy for you to reuse and adapt my content, provided that you attribute it to me, and do not use it commercially. Thanks. Eoin

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