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Author: Eoin

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

Libel reform and the public – review of MST/INFORRM debate at Gray’s Inn – Gavin Freeguard « Inforrm’s Blog

12 January, 2011
| No Comments
| Defamation, General

Libel reform and the public – review of MST/INFORRM debate at Gray’s Inn – Gavin Freeguard

12 01 2011

Gavin Freeguard Gray's InnCould libel reform have a damaging impact on the public’s access to justice? This was one of the key questions to emerge last night from ‘Libel Reform: in the public’s interest?’, a public debate organised by Gray’s Inn in association with the Media Standards Trust and INFORRM.

Chaired by Helena Kennedy, an audience of lawyers, journalists, politicians and campaigners listened to the panel range over everything from the affordability of libel claims, the difference between individual bloggers and large media organisations and whether libel is too ‘claimant friendly’, to standards in journalism, alternative dispute resolution mechanisms and the impact of the government’s libel reform bill (expected in March) on news reporting.

via inforrm.wordpress.com

The summary of the event in this long post (also available here) is very interesting indeed.

Another interesting post on the issue of libel reform is Opinion: “Balancing Libel Reform” – Kevin Marsh, arguing that we must be slow to reform libel laws because, whatever journalists profess, “not all journalism is honest, well-sourced, fair-minded or in the public interest”. In similar vein, but more strongly, Paul Tweed argues that the current libel laws keep journalists honest:

The irony is that the UK broadsheets are generally regarded to be among the most credible and respected in the world, which is in no small measure due to our fair and balanced libel laws!

…

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Review: MOBiLE CLOTH — quickly clean your iPhone and iPad screen – iPhone J.D.

12 January, 2011
| No Comments
| General

The MOBiLE CLOTH is a 9 inch by 9 inch cloth made of microfiber.  When you touch the cloth it instantly sticks to your fingers because of the large number of tightly woven microfiber nubs.  It feels a little strange at first, almost like you are touching something that is sticky as if you are touching cotton candy.  But the stickiness is simply the result of the way that the microfibers are woven, and it makes this cloth much more powerful at picking up dust than those lens cloths that I have used for years with my eyeglasses.

DSC_0770

Does it work?  Yes, amazingly well.  For example, the other day I had been typing on my iPad screen using the virtual keyboard, and when I was done my screen was covered with smudges, dust, etc.  It would have taken a lot of rubbing on a shirt to try to clean it off, and even using a normal lens cloth it would take a short while to get this clean.  But with simply a few quick swipes of the MOBiLE CLOTH, the screen looked amazing. 

via iphonejd.com

The full post is even more laudatory. The MOBiLE CLOTH sounds like a great product (even if the almost all-capital name is a bit silly).

…

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My legal hero: Thomas More | Linda Lee | Law | guardian.co.uk

12 January, 2011
| No Comments
| General

My legal hero: Thomas More

One-time lord chancellor’s principled defence of the rule of law is an ideal that all lawyers should aspire to, writes Linda Lee

Portrait Of Thomas More

Portrait of English lawyer, politician, and writer Thomas More (1478 – 1535) …

… While his legacy remains complex and academics continue to dissect his work and argue over what Thomas More wrote, thought and represented in the heady political, religious and social context of the 15th and 16th centuries, I admire him for that most fundamental of things; his passion for, and commitment to, the rule of law.

Although it has been suggested his most famous work, Utopia, is a sustained satire on the rule of law, I choose to take from it the deep affinities between the rule of law and humanism. In fact, it has been said that More was the “most human” of lawyers. …

Linda Lee has been president of the Law Society since July 2010

via guardian.co.uk
…

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EU proposes online right ‘to be forgotten’ – Telegraph

12 January, 2011
| No Comments
| Data Protection, General, Privacy

The proposed EU rules are called “A comprehensive approach on personal
data protection in the European Union”, and suggest that an online “right
to be forgotten” and to privacy could be enshrined in criminal law.

The “right to be forgotten” would give users the power to tell websites to
permanently delete all personal data held about them.

via telegraph.co.uk

This isn’t the freshest of news. On 4 November 2010, as part of a review of the EU’s data protection legal framework, the EU Commission adopted a strategic Communication on a comprehensive strategy on data protection in the European Union (COM (2010) 609). The “right to be forgotten” is one of the Communication’s proposals. It has returned to public debate at this stage as the public consultation on the proposals included in the Communication will close on 15 January 2011.

…

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SSRN-Freedom of Speech, Support for Terrorism, and the Challenge of Global Constitutional Law

12 January, 2011
| No Comments
| 1A, General

Freedom of Speech, Support for Terrorism, and the Challenge of Global Constitutional Law

by Daphne Barak-Erez (Tel Aviv University – Buchmann Faculty of Law) and David Scharia (Counter Terrorism Committee Executive Directorate UN Security Council)

forthcoming Harvard National Security Journal, Vol. 2, 2011; via SSRN

Abstract:

In the recent case of Holder v. Humanitarian Law Project, [here] the Supreme court of the United States ruled that a criminal prohibition on advocacy carried out in coordination with, or at the direction of, a foreign terrorist organization is constitutionally permissible: it is not tantamount to an unconstitutional infringement of freedom of speech.

This Article aims to understand both the decision itself and its implications in the context of the global effort to define the limits of speech that aims to support or promote terrorism. More specifically, the Article compares the European approach, which focuses on whether the content of the speech tends to support terrorism, with the U.S. approach, which focuses on criminalizing speakers who have links to terrorist organizations. Both approaches are evaluated against the background of the adoption of Resolution 1624 by the United Nations Security Council in 2005, which called on states to prohibit by law incitement to commit terrorist acts.

…

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Marital property agreements (pre-nuptial and post-nuptial agreements): Law Commission of England and Wales

12 January, 2011
| No Comments
| Contract, General

Marital property agreements (pre-nuptial and post-nuptial agreements)

Consultation paper

On 11 January 2011 we published a consultation paper.  This reviews the current law of marital property agreements, discusses options for reform and puts forward questions for consultees.  The consultation closes on 11 April 2011.

Other documents

We have prepared a summary of the consultation paper and a press release.

via lawcom.gov.uk

For the position in Ireland, compare the Report of the Study Group on Pre-nuptial Agreements (2007). Unless and until these reports are implemented, the leading case in the UK is Radmacher v Granatino[2010] UKSC 42 (20 October 2010); the most recent case in Ireland is S v S [2009] IEHC 579 (27 July 2009); and the leading case is still MacMahon v MacMahon [1913] IR 428, in which the Court of Appeal (Palles CB, Holmes and Cherry LJJ) held that pre-nuptial agreements were invalid, unless made between married but separated parties to achieve a re-union (though many of the authorities relied on in that case were less persuasive in Radmacher).

…

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Our Desperate, 250-Year-Long Search for a Gender-Neutral Pronoun | The Awl

12 January, 2011
| No Comments
| General
He and She and You and Me

56

Our Desperate, 250-Year-Long Search for a Gender-Neutral Pronoun

by Maria Bustillos on January 6th, 2011

All of a sudden Supreme Court judge Antonin Scalia decided to revive the crazymaking debate regarding the Fourteenth Amendment’s protection for women—or, apparently, lack thereof. … In any case, the original rationale for excluding women from the protections of the Fourteenth Amendment did not hold and has not ever held any water from the moment it was ratified until now. All of which brings us to the backstory of the Fourteenth Amendment, and to the thorny history of gender-neutral language in English.

via m.theawl.com

This is a great post: polemical, enlightening, entertaining. Go, read, enjoy.

…

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The Faculty Lounge: Law and Film: Despicable Me

12 January, 2011
| No Comments
| General, Law and movies

Law and Film: Despicable Me

Despicableme

… I’ve been reminded of this back-and-forth interplay between parties (the law professor and the student, or the secured party and the debtor) as my daughters have watched (over and over and over and …) one of the DVDs they received for Christmas:  Despicable Me.  In this delightful animated film, the lead character (Gru) adopts three little girls (Margo, Agnes, and Edith) to assist him in stealing a “shrink ray” gun from a competing villian.  Gru is not used to having three little girls in his house, and he quickly sets about to establish some boundaries. …

It really is quite charming.  But it also is a wonderful illustration of what can happen if a person states an overly broad position — a concern that can arise in the law school classroom, as well as during document negotiations.  For that reason, perhaps this snippet from the film merits consideration for inclusion in any “law and film” course.   

via thefacultylounge.org

This is plainly another candidate for Ted Tjadan’s list of law-related movies of 2010! And Jordan Furlong even sees lessons for the legal profession in an episode of Thomas the Tank Engine.

…

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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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