Indentured servitude and a power akin to undue influence – contract reasoning in Pringle (ESM) and Sebelius (Obamacare)
Occasionally, Contract Law principles infiltrate into constitutional discourse. Two recent Supreme Court decisions illustrate the point, one from Ireland, the other from the US. Each relates to an Continue Reading
The Council of State and the recusal of judges
Two very different stories in the media over the last few days have coalesced in my mind over the weekend. The first story is the announcement by the President of seven appointments to the Council of Continue Reading
Speech Art
Randall P Bezanson has just pubished another very important book on on Art and Freedom of Speech (University of Illinois Press, 2009), exploring the decisions of the US Supreme Court relating to Continue Reading
So, does Irish law now recognise a journalist source privilege?
As I wrote in my previous post, the Supreme Court in Mahon Tribunal v Keena IESC 64 (31 July 2009) (also here (pdf)) allowed the appeal against the decision of the High Court in Mahon v Keena IEHC Continue Reading
The original Brandeis brief
Louis D Brandeis (left), as lawyer, and as judge of the US Supreme Court, championed such unpopular causes as freedom of speech, privacy and worker protection. Arising from his belief that law is a Continue Reading
Recent speech cases
From a European Court of Human Rights press release: Orban v France (application no. 20985/05) The Court held unanimously that there had been a violation of Article 10 (freedom of expression) Continue Reading
The first Monday in October
NPR CNN New York Times here and here Washington Post here and here. Full size image here. Back row (l to r): Stephen Breyer, Clarence Thomas (is it significant that he's looking to his Continue Reading
Is DC v Heller a Roe v Wade for our times?
Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state. For a people who are free, and who mean to remain so, a well-organized and Continue Reading
Hi there! Thanks for dropping by. I'm Eoin O'Dell, and this is my blog: Cearta.ie - the Irish for rights.
