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JURIST – Paper Chase: US lawmaker proposes amendment limiting corporate campaign spending

12 December, 2011
| No Comments
| General
Photo source or description

[JURIST] Senator Bernie Sanders (I-VT) [official website] on Thursday introduced a constitutional amendment that would exclude a corporation’s First Amendment [text] rights to spend money on political campaigns. Named the Saving American Democracy Amendment [text, PDF] the proposal would make clear that corporations are not afforded the same constitutional rights as people and that the political activities of corporations can be regulated by the government. Sanders added that the law would also ban unlimited corporate campaign contributions to candidates.

via jurist.org
…

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Tobacco advertising and commercial speech in Australia

22 November, 201111 June, 2018
| No Comments
| Tobacco Control

Philip Morris Asia Ltd. on Monday initiated legal proceedings on behalf of its Australian subsidiary Philip Morris Ltd. against the Australian government to block new plain package labeling requirements for tobacco products set to go into effect in December 2012.

via jurist.org

Update: the challenge failed: JT International SA v Commonwealth of Australia (2012) 250 CLR 1, [2012] HCA 43 (5 October 2012).

Further update: see the Special Issue of the Queensland University of Technology Law Review on the Plain Packaging of Tobacco Products.…

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UK Supreme Court lawyers allowed to dress down (The Independent)

22 November, 2011
| 1 Comment
| General

Lawyers appearing at the UK’s highest court will no longer have to wear traditional dress, it was announced today.

From now on advocates in cases heard at the Supreme Court in London will be able to “dispense with any or all of the elements of traditional court dress”.

The announcement was made by the court’s president, Lord Phillips.

Supreme Court justices do not wear legal dress themselves.

via independent.co.uk
…

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Sturgeon’s Law, n. : Oxford English Dictionary

22 November, 2011
| No Comments
| General

A humorous aphorism which maintains that most of any body of published material, knowledge, etc., or (more generally) of everything is worthless …

via oed.com
…

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The IPKat: Past historic 3: Copyright infringement and the tale of St Columba

15 November, 20119 June, 2021
| 1 Comment
| Columba, Copyright

By Jeremy Phillips, on IPKat, a scholarly source for the hoariest oldest chestnut of Irish copyright law:

Past historic 3: Copyright infringement and the tale of St Columba

The subject of this essay is the story of Columba — saint, scholar and alleged copyright infringer — and the ruling against him: “To every cow its calf and to every book its copy”. Readers of this weblog will recall that its author had cause to return to the story in the course of some Irish copyright blogging towards the end of last year: you can access the follow-up by clicking “Wednesday Whimsies, or a Tale of Three Lams …” here and scrolling down till you find “More on St Columba Again”

via ipkitten.blogspot.com…

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Opening up new digital creative space

11 November, 20117 November, 2012
| No Comments
| Copyright, CRC12 / CRC13, Fair use

Copyright symbol, via the Irish TimesFrom last Friday’s Irish Times (with added links):

Review aims to open up new digital creative space

The Copyright Review Committee is trying to take on board as many viewpoints as possible, writes Karlin Lillington.

… Several successive governments have highlighted digital businesses as an area for major growth in the economy. It’s a sector heavily wooed by IDA Ireland, and also promoted by Enterprise Ireland. But for years, this sector has been critical of Irish copyright law … However, from big multinationals such as Google on down to small indigenous start-ups and individual content creators such as musicians and artists, digital innovators think there’s plenty of room for improvement and argue that this would not only unleash greater national creativity, but would also help drive expansion in the economy. New industries would see Ireland as a good legal environment in which to do business, they say. …

The submissions reflect the interests and concerns of the whole panoply of players across many digital industries … There are submissions from the rights holders, who were concerned to protect copyright; from the intermediaries – the people like Google who are the gateways to the internet – and from the users, the SMEs and entrepreneurs and those trying to do interesting, creative things and who want to consider new business methods, new businesses, and new applications.

…

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Wigs, gowns, and sartorial expression

4 November, 201125 October, 2012
| 8 Comments
| Court dress, General
Sir Robert Megarry, by Anthony Morris, via the RP website
Sir Robert Megarry, by Anthony Morris, via the Royal Society of Portrait Painters website

At the beginning of the current legal year, Irish judges broke with three centuries of tradition, and ceased wearing wigs in court. On 13 October last, the Minister for Justice issued a press release stating that he had signed into law two new Statutory Instruments to make the wearing of ceremonial wigs optional in the courts. The Statutory Instruments came into force the following day, 14 October, just in time for the new legal term (Irish Times, here, here, and here). The making of the SIs was duly gazetted in Iris Oifigúil on 18 October (see (2011) 83 Iris Oifigúil 1417; pdf). Hence, the Circuit Court Rules (Judges Robes) 2011 (SI No 523 of 2011) and the Rules of the Superior Courts (Robes of Bench) 2011 (SI No 524 of 2011) dispensed with the requirement that judges wear ceremonial wigs in court. However, it is only this week, a full three weeks since the Minister’s press release, that the full text of the SIs became available online. (As I have asked many times before on this blog, why does it take so long for such important legal information as cases, SIs, and Acts, to be made generally available online?).…

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Protecting Hyperlinks and Preserving First Amendment Values on the Internet by Anjali Dalal :: SSRN

26 October, 2011
| No Comments
| General

In the same week that the Supreme Court of Canada decides Crookes v Newton, I discover the following fascinating article on SSRN:

Protecting Hyperlinks and Preserving First Amendment Values on the Internet

Anjali Dalal


Yale University – Yale Information Society Project

University of Pennsylvania Journal of Constitutional Law, Vol. 13, No. 4, May 2011

Hyperlinks are critical to communication in part because they facilitate access to information. They provide visitors on one website a way to navigate to internally referenced words, phrases, arguments, and ideas. In addition to being vehicles for communication, this article contends that hyperlinks are communicative in and of themselves. They signal user preferences, democratize the national dialogue, indicate credibility, function as a signature on a virtual petition and help establish virtual associations. This Article presents the first comprehensive examination of First Amendment concerns related to hyperlinks and argues that any judicial or legislative regulation of hyperlinks should be reviewed under a strict scrutiny standard. Nearly 50 years ago, the Supreme Court recognized a constitutional privilege to disseminate information in New York Times v. Sullivan. In Sullivan, the Court extended a constitutional privilege to newspapers because of their role as an incredibly important, unique medium of communication.

…

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Welcome

Me in a hat

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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