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Author: Eoin

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

Footnote on Fees and Funding

23 September, 200824 September, 2008
| 1 Comment
| college funding, Universities

Student finance logo, via their siteAs the debate about the reintroduction of some form of third level fees rumbles on (and on, and on), the Higher Education Policy Institute (HEPI) – a UK think tank established in 2002 with the laudable aim of ensuring that higher education policy development in the UK is informed by research and by knowledge of the experience of others – has just published a report by Juliet Chester and Bahram Bekhradnia on Financial support in English universities: the case for a national bursary scheme. …

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Hari Puttar and the Delhi High Court

22 September, 2008
| 4 Comments
| Copyright

Hari Puttar image, via the BBC site.By way of updating my earlier post Is Harry Potter making a Parody of Copyright Law? the BBC has the following report:

Warner Bros lose Hari Puttar case

A court in the Indian capital Delhi has rejected a lawsuit filed by Hollywood company Warner Bros against the makers of a Bollywood film Hari Puttar. … The court said Warner Bros could have brought the case three years ago and said readers could easily distinguish Hari Puttar from Harry Potter. The court decision means the film can now be released in India. …

“The case has been dismissed. The court said that Warner Bros had known the title of the film since 2005 and had delayed bringing the case to court until the last moment,” lawyer Pratibha Singh was quoted by news agency AFP as saying. …

…

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Pressing statistics

22 September, 200810 December, 2012
| No Comments
| Press Council, Press Council

Press Council and Ombudsman logoThe statistics for the first six months of operation of the Press Ombudsman make for interesting reading.

According to Ruadán Mac Cormaic in the Irish Times over the weekend:

Press Ombudsman gets 200 complaints

ALMOST 200 complaints were made to the Press Ombudsman in the office’s first six months in operation, new figures show. … Statistics published by the ombudsman’s office yesterday show that, of the 20 cases decided upon, one was fully upheld, six were partially upheld and 12 were not upheld. In the final case, the newspaper offered sufficient remedial action to resolve the complaint.

Here is a sample of some of the data:

Complaints
• Total number of complaints received: 193
• Number of complaints decided upon by Press Ombudsman: 20

Complaints made under the Code of Practice
• Principle 1: Truth and Accuracy: 63
• Principle 5: Privacy: 28

Appeals
• Total number of decisions by Press Ombudsman appealed to Press Council: 12…

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Today is OneWebDay

22 September, 200822 September, 2008
| No Comments
| General

One Web Day logo, via their site.









…

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Censoring Theatre in Britain and Ireland

21 September, 200829 September, 2008
| 1 Comment
| Censorship, Irish Society

Golden Generation exhibition image, from the British Library website.The Licensing Act, 1737, by requiring that every play to be performed on the English stage must first get a licence from the Lord Chamberlain, effectively constituted him a censor of the theatre until the repeal of the Act by the Theatres Act 1968.

An exhibition just opened in the British Library

The Golden Generation, British Theatre 1945-1968

showcases the successful post-war resistance to theatre censorship (see also press release | archive | blog | review). Excellent articles in the Guardian (Yes to pansy but no to bugger) and the Times (A disgusting feast of filth?) put the exhibition into fascinating historical and theatrical perspective. Update: There is an excellent page on the BBC website about this, including a seven minute clip from the Today Show on BBC Radio 4 in which David Hare and Michael Billington discuss the demise of theatre censorship.

In a few weeks time, The Golden Generation will be joined in the British Library by an even more ambitious exhibition: Taking Liberties. The struggle for Britain’s freedoms and rights (blogged here by one of its curators), which promises to

unite[] the pivotal documents which made or changed political history for the nation including Magna Carta, the Bill of Rights 1689, the Articles of Union 1706 ..

…

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Chasing Paper

18 September, 200812 January, 2013
| 4 Comments
| Cinema, television and theatre, Law, law school

Eagle-eyed readers may have noticed the recent addition of a law news feed on the top of the right side bar; it’s called Paper Chase, and it provides Jurist headlines updated every 15 minutes or so. (Update: I deleted the feed when the widget ceased to function, but the website is still there, and it is now a subscription in my blogroll, on the right). I presume it gets its name from the novel (1970, reissued 2004), movie (1973) and television series (1978-1978, 1983-1986) of that name. I was reminded of this wonderful cultural insight into elite US law schools by a post by David Papke on the Marquette University Law School Faculty Blog:

The Paper Chase: What Does the Film Tell Us About Contemporary Legal Education?

I recently screened The Paper Chase (1973) in one of my law school classes. While the majority of current law students are more familiar with recent pop cultural portrayals of legal education such as Legally Blonde (2001) [imdb], The Paper Chase seems to me to set the stage for those portrayals, especially through the character of Professor Kingsfield [wikipedia] and the images from his menacing Socratic classes.

…

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Libel Tourists – Is Ireland selling what they’re buying?

17 September, 200816 November, 2015
| 2 Comments
| Defamation, libel tourism

UN HRC logoIn July, the UN Human Rights Committee, as part of its triennial review of member states’ compliance with human rights norms, criticised the UK’s record on freedom of expression (CCPR/C/GBR/CO/6) in the following terms:

25. The Committee is concerned that the State party’s practical application of the law of libel has served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work, including through the phenomenon known as “libel tourism.” The advent of the internet and the international distribution of foreign media also create the danger that a State party’s unduly restrictive libel law will affect freedom of expression worldwide on matters of valid public interest …

The State party should re-examine its technical doctrines of libel law, and consider the utility of a so-called “public figure” exception, requiring proof by the plaintiff of actual malice in order to go forward on actions concerning reporting on public officials and prominent public figures, …

(The report is on this page, scroll down to the UK section, click on the E in the right-most column; the UN server won’t accept a deeper link, unfortunately.)

Reports and reactions: Amnesty | Blogzilla | Guardian here and here | Independent here and here | Jurist | Media Law Prof Blog | Press Gazette | Telegraph here and here | Scotsman.…

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UDI – Universities’ Declaration of Independence?

16 September, 2008
| 7 Comments
| college funding, Universities

Mortar board, from TCD site.Given the ongoing debate over the possible reintroduction of student payment of third level fees, and the dangers that lurk there for the universities, a rather unnerving thought occurs to me. It may be that the best universities in Europe are not yet private universities, but Irish universities seeking the freedom to set their own fees might decide to “de-nationalise” and “go private” by means of a Unilateral Declaration of Indepdence. My point is not that Universities should declare independence from government on the matter of fees, but that they should declare independence from government in all matters. There would be steep legal and regulatory obstacles to surmount, but assuming that this can be done, it would give any universities that did so complete freedom of action, not only in the realm of fees, but across the board.

Of course, it will never happen. The universities’ ties to the government are very strong indeed, and go well past the question of fees. There are the various research councils and funding bodies which are a vital part of the universities’ cash flow, and they would not want to jeopardise that. Moreover, the government has recently indicated that it will acquire the universities’ pension fund assets; this will afford the government some cash flow in the short term, and meet a significant shortfall in the funds in the long term; and the universities would not want to jeopardise that.…

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Welcome

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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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