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Category: General

Whitewashing the Art World: What’s Behind the Climate of Censorship « Clancco

16 January, 2011
| No Comments
| Censorship, General

Whitewashing the Art World: What’s Behind the Climate of Censorship

January 11th, 2011 in Constitutional / Feature / Free Speech / Nonprofit

 

The New York Observer’s Alexandra Peers tackles the issues of censorship and silencing that seems to be pervasive in her article, Whitewashing the Art World: What’s Behind the Climate of Censorship.

The art world has a reputation as free-thinking and tolerant, if not overly so. But in recent weeks, there have been several instances, far more than usual, of alleged censorship involving some of the bigger names in the field. What’s going on?

Charles Gaines has also written about this very same issue, and so have I.

What is going on?

via clancco.com

 

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Airlines make €285m on ‘no shows’ | Irish Examiner

14 January, 2011
| No Comments
| General, Restitution

IRELAND’S two leading airlines are making over €285 million clear profit per annum by holding on to taxes and charges paid by passengers who fail to show up for flights. The operators of a new service to assist Irish air travellers to reclaim refunds of taxes, fees and charges (TFCs), claim Ryanair and Aer Lingus are engaging in “unfair practice” over their handling of the issue. The company, Airtaxrefund.com, said it had dealt with passengers of over 500 flights since its service was launched last October. A survey of such claims indicated Aer Lingus owes an average refund of taxes, fees and charges of €40 per passenger and Ryanair an average refund of €35 per passenger. … The National Consumer Agency has also warned airlines that it is considering a High Court challenge to compel them to refund TFCs to passengers who cancel flights. …

via examiner.ie

If the NCA does take the claim, it has a very good chance of success. See my posts Can you recover taxes and charges from airlines when you don’t travel? (16 Nov 2010); What are websites for? (9 March 2008); Airlines are facing legal challenge over refunds (30 October 2007); Refunding unincurred airport taxes and charges (26 March 2007).

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Bad bank has four remedies for ‘clawback’ – Irish, Business – Independent.ie

14 January, 2011
| No Comments
| Contract, General

By Dearbhail McDonald Legal Editor

Friday January 14 2011

THE National Asset Management Agency has four legal ways to overturn property transfers — including transfers by developers to spouses, children and other third parties — that it believes were aimed at defrauding current or future creditors. …

If a developer is bankrupt, transfers in the two years leading up to the bankruptcy can be set aside. Transfers in the previous five years can also be set aside in a bankruptcy unless a developer can prove that he was solvent at the time he transferred or gifted the asset.

If property was transferred before 2009, NAMA can use the 1634 Conveyancing Act Ireland which allows property conveyances and other transactions to be declared void if they are made for the purpose of delaying, hindering or defrauding creditors. If property was transferred after December 1, 2009, the 2009 Land and Conveyancing Reform Act allows for transfers to be set aside if there was an intention to defraud a creditor.

Finally, the NAMA Act itself contains a miscellaneous provision that gives the toxic loans agency powers to void transfers effected by debtors and those who provided loan guarantees, including personal guarantees.

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via independent.ie
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Court orders life-saving transfusion – The Irish Times – Wed, Jan 12, 2011

12 January, 2011
| No Comments
| General

Court orders life-saving transfusion

Related
  • The stark choices that can mean life or death | 01/06/2010
  • ourt rulings urged as coma death followed blood refusal | 18/12/2009
  • Call for new approach to transfusion refusals | 27/02/2010
  • Hospital allowed give girl transfusion against parents’ wishes | 26/11/2008

MARY CAROLAN

A life-saving blood transfusion was administered to a critically ill baby under a court order secured by a Dublin hospital at a late night court hearing in a High Court judge’s home after the child’s parents, members of the Jehovah Witness faith, objected on religious grounds to the procedure, it has emerged.

The baby boy, who became very unwell on Christmas Day and whose condition continued to deteriorate, received the transfusion shortly after a hearing which concluded at 2.30am on December 27th in Mr Justice Gerard Hogan’s home, the judge revealed today.

via irishtimes.com

The decision is Temple Street v D [2011] IEHC 1 (12 January 2011):

35. There is thus no doubt at all but that parents have the constitutional right to raise their children by reference to their own religious and philosophical views. But, as Article 42.5 [of the Constitution] makes clear, that right is not absolute. The State has a vital interest in ensuring that children are protected, so that a new cohort of well-rounded, healthy and educated citizens can come to maturity and are thus given every opportunity to develop in life.

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60 Holmes quotes on free speech via firstamendmentcenter.org

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

As Justice Holmes said …
Oliver Wendell Holmes Jr. on free speech & related matters: selected quotations

Introduction by Ronald K.L. Collins  
First Amendment scholar
05.21.08

Oliver Wendell Holmes Jr.

 

  • Holmes case tables
  •  

    Modern free-speech jurisprudence begins with the words and wisdom of Oliver Wendell Holmes Jr.

    Whatever one may make of that, it is impossible to deny. Whether Holmes was a liberal or a libertarian, a pragmatist or a nihilist, a defender of individual rights or majority will, a social Darwinist or a totalitarian, or a “Jekyll-Holmes and Hyde-Holmes” as law professor Albert Alschuler has branded him, is difficult to say without nuanced elaboration. What is easier to gauge is his enormous impact on how we — laypeople and lawyers alike — think and talk about our system of freedom of expression. This is not necessarily because of the analytical soundness of his opinions, but rather, to echo Judge Richard Posner, because of his “rhetorical skill.” That is, “Holmes was a great judge because he was a great literary artist.”

    …

    Mindful of all of this and more, the selection of 60 quotes offered below is submitted for the reader’s examination, duly mindful of his or her right to dissent.

    …

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    Man ‘used TV legal dramas to impersonate lawyer’ – Telegraph

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

    Man ‘used TV legal dramas to impersonate lawyer’

    A man has been accused of impersonating a lawyer in more than 50 court cases after watching TV legal dramas including ‘The Good Wife’ and ‘Boston Legal’for tips.

    Tahir Malik, who has no legal training, often watched the shows and picked up what to say and how to file court motions, according to his father.. [and]fooled courts in Cook County, Illinois, for several years. … He was eventually discovered last month when a court clerk became suspicious about his behaviour and asked to see his legal credentials.

    via telegraph.co.uk

    An interesting use for court-room dramas, eh, Ted? But what does it say about law schools that Malik got that far?

    …

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


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