Eoin – Page 126 – Cearta.ie

The Law of Trek

Posted on 1 June, 20093 June, 2009 by Eoin

I just couldn’t resist this piece by Christine Corcos from the Law & Humanities blog [with added links]:

Re-Examining Star Trek

In his review essay on Star Trek: The Exhibition [link], Edward Rothstein [wikipedia] points out a number of anachronisms and anamolies, most stemming from the original television series and its spin-offs. He notes that mixing reality and pop culture may do neither justice. Points taken. (I saw this exhibition in San Diego). For those of us who grew up on ST: TOS and its offspring and who are fond of the Star Trek mythos, however, this show doesn’t represent the reality or history of space flight. But that, as I understand it, isn’t really the point of Star Trek: The Exhibition. The point is to examine the effect of the show on the generations who have watched and grown up with the show, and the effect of those viewers on Star Trek. See also the program (available on DVD) How William Shatner Changed the World [imdb], based on his book I’m Working On That: A Trek From Science Fiction To Science Fact (2004) [Amazon].

Can one exhibition capture all of that involvement and energy?

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A bank error in your favour is not a gift from God

Posted on 31 May, 200919 September, 2022 by Eoin

Well, I mean, yes idealism, yes the dignity of pure research, yes the pursuit of truth in all its forms, but there comes a point I’m afraid where you begin to suspect that if there’s any real truth, it’s that the entire multi-dimensional infinity of the Universe is almost certainly being run by a bunch of maniacs. And if it comes to a choice between spending yet another 10 million years finding that out, and on the other hand just taking the money and running, then I for one could do with the exercise.

Frankie, one of the white mice in Chapter 31 of The Hitchhikers’ Guide to the Galaxy by Douglas Adams

It seems that a New Zealand couple, faced with a bank error in their favour of NZ$10m (€4.5m), similarly decided that they could do with the exercise: they, too, took the money, and ran; David Randall brings the story up to date in today’s Independent on Sunday (substantially reprinted in today’s Sunday Tribune:

On the trail of the 10 million dollar runaways

A month ago, Leo Gao and his girlfriend Kara [Hurring] were like millions of couples around the world as they struggled to pay their bills and keep their business [a filling station] afloat.

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Another tweet

Posted on 31 May, 20093 June, 2009 by Eoin

The first one’s here. Today’s comes from this week’s New Yorker:

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Rugby, property, and the interpretation of contracts

Posted on 28 May, 200931 May, 2009 by Eoin

Perhaps rugby is replacing property as the Irish obsession du jour. There are many ways in which they overlap. For example, during the property boom, it was not uncommon for sports clubs to sell off some of their lands to developers, in return not only for the cash but also for improved facilities provided by the developers. Just such a transaction was at issue in Hannon v BQ Investments [2009] IEHC 191 (24 April 2009). A rugby club sold some of its property, and the special conditions of sale provided that the developers would grant the club a right of way over the lands being sold to access the club’s remaining property. In particular, special condition 10 provided

There will be reserved in favour of the [club] for the use of the … pitches and the clubhouse a right of way over the roadway having a width of six metres with a footpath on both sides and appropriate public lighting with the location of the said right of way to be decided upon by the [developer] who will consult with the [club] on the Planning Application with regard to the location of the said right of way.

The basic question for the court was whether the developer’s obligation to construct the road arose simply on the completion of the transfer of the property, or was in some sense conditional upon the club putting in “the … pitches and the clubhouse”.…

The liability of rescuers

Posted on 27 May, 200931 May, 2009 by Eoin

The Law Reform Commission last night (pdf) launched its new Report on The Civil Liability of Good Samaritans and Volunteers (pdf), following up on its November 2007 Consultation Paper (pdf) on the issue.

The Common Law does not recognise a duty to attempt a rescue, even where the rescue would be relatively easy, and the Commission recommended against imposing one by statute. However, where a rescuer feels compelled to attempt a rescue, the Commission’s recommendations cover the duty of care owed by rescuers to those being rescued. …

Oh defamation, where is thy sting?

Posted on 19 May, 200919 May, 2009 by Eoin

Two defamation stories from the Irish Times. The first concerns an interesting variation on the old defamtion saw, the sting of the libel:

An Irishman’s Diary

… In the Language of Flowers – a Victorian invention by which tortured lovers and the like used to send coded messages – nettles signified “cruelty” or “slander”. So in a sense, Shakespeare’s Cordelia is defaming the symbol of defamation when she lumps nettles (in King Lear Act IV) with “cuckoo flow’rs, darnel, and all the idle weeds that grow in our sustaining corn”. …

The second concerns what seems like an important development in the defence of public interest publication:

Quinn group loses action to limit ‘Tribune’ libel defence

Quinn Insurance Group has lost a High Court bid to strike out parts of the Sunday Tribune’s defence to forthcoming libel proceedings taken against it by the insurance company.

The libel action is over articles alleging the group recruited gardaí to approach solicitors to offer them bonuses on their fees to recommend reduced settlements to clients in cases against Quinn Direct.

Ms Justice Elizabeth Dunne yesterday ruled the defendants had provided adequate details of its plea of justification for the article and also sufficiently set out the nature of the public interest being relied upon to justify the article.

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It’s not Smart, it’s unjust enrichment

Posted on 12 May, 200912 May, 2009 by Eoin

From today’s Irish Times comes news of a pending claim for restitution of unjust enrichment:

Former Smart Telecom CEO sued for sum of €1.16m

SMART YUROE Broadband (SYB) and related companies have sued former Smart Telecom chief executive Oisin Fanning for more than €1.1 million over alleged unjust enrichment during his time as chief executive.

SYB, Switchcom Ltd and Smart Telecom Holdings Ltd claim Mr Fanning received some €1.16 million in sums allegedly due to the companies for their use while he was chief executive of Smart from September 2004 to September 2006. …

The action against Mr Fanning is the latest of several sets of proceedings involving the company, Mr Fanning and others to come before the Commercial Court following the October 2006 buyout of Smart by SYB, a company controlled by businessman Brendan Murtagh.Mr Justice Peter Kelly yesterday made orders consolidating all the actions and fixed a hearing date for November 3rd next. The proceedings are expected to run for more than four weeks. …

Why protect free speech?

Posted on 11 May, 200919 May, 2009 by Eoin

Index on Censorship has published a short edited extract from Ideas That Matter: Key Concepts for the 21st Century (Weidenfeld & Nicolson, 2009) by AC Grayling, Professor of philosophy at Birkbeck College, University of London, in which he provides a compelling and pithy case in favour of free speech and against censorship:

It’s a surprise to learn how universal censorship is

While even the most tyrannical regime will pay lip service to free speech, it is a right that is constantly denied.

There are two bedrock civil liberties without which the very idea of civil liberty is empty. They are freedom of speech and due process of law. … The fundamental justifications for freedom of expression are as follows. First, it is an intrinsic right of every individual not to be forced to think, speak and believe at the dictate of others, but to do these things of their own free accord. Secondly, it is of the essence to the possession and protection of other liberties that individuals have this right. Thirdly, in the absence of the first two considerations, the full development of the human individual is vastly more difficult and in most cases not even possible, Fourthly, freedom of expression is essential to the interchange of ideas and views, and discussion of them, without which society cannot be healthy or mature.

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