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Coalition to amend restrictions on third-level recruitment (Irish Times report with added links and commentary) #ecf11

25 March, 2011
| No Comments
| General, Universities

Coalition to amend restrictions on third-level recruitment

SEÁN FLYNN, Education Editor

CONTROVERSIAL NEW rules on recruitment in the higher education sector are to be amended by the Government within weeks.

Officials at the Department of Education and the Department of Enterprise are working on changes to the rules which have brought angry protests from academics.

The revised Employment Control Framework (ECF) introduced by the last government in its final days restricts employment in the sector, even to research posts funded from non-exchequer sources.

The rules have been labelled as “Stalinist” and damaging to Ireland’s research interests by senior academics.

Last week, Martin Shanagher, assistant secretary at the Department of Enterprise, Trade and Innovation, admitted the framework would penalise research activity. In a confidential memo, he said the rules were introduced before their full implications were considered.

Yesterday, Minister for Enterprise Richard Bruton said the Government could not have a system that might restrict research.

In this context his department, along with others, were looking at decisions made by the last administration.

Minister for Education Ruairí Quinn said the Government would welcome constructive suggestions from third level to overcome this problem. But he also said any potential pension liability for the exchequer would also have to be addressed.

…

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Abramova: judicial deference and the litigious student

23 March, 201117 September, 2020
| 4 Comments
| Academic judgment, Litigation, Universities

After Andrew Croskery and Tony Chinedu Wogu comes Maria Abramova (Above the Law | BBC | Cherwell | Legal Week | Mirror | Oxford Mail | Oxford Times | The Lawyer | PA). In Abramova v Oxford Institute of Legal Practice [2011] EWHC 613 (QB) (18 March 2011) (pdf), the plaintiff sued the [update: now defunct] Oxford Institute of Legal Practice (OxILP) for £100,000 for negligence and breach of contract, but Burnett J dismissed her claim. Her case is the latest example of the increasingly frequent phenomenon of the litigious student, and it raises some very important legal issues.

An important threshold question in such cases is whether the matter can be litigated at all. There is judicial deference to matters of academic freedom, so the courts are very slow to interfere in matters of purely academic judgment, and generally regard such matters as unsuitable for adjudication in the courts (Harelkin v University of Regina 1979 CanLII 18 (SCC), [1979] 2 SCR 561 (30 March 1979); Clark v University of Lincolnshire & Humberside [2000] 1 WLR 1988, [2000] EWCA Civ 129 (14 April 2000); George van Mellaert v Oxford University [2006] EWHC 1565 (QB) (29 June 2006) (pdf) (blogged here); Re Croskery [2010] NIQB 129 (8 December 2010) (blogged here)).…

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Free speech and the rule of law

22 March, 201114 September, 2020
| 10 Comments
| Freedom of Expression, Open Justice, The Rule of Law

Kenny and ObamaLast week, on 17 March, as the world celebrated Ireland’s national day in honour of St Patrick, the Taoiseach (the Irish Prime Minister) made the annual presentation of a bowl of shamrock to the President of the United States (pictured left). I seem to remember being taught in school that the reason the shamrock is one of Ireland’s unofficial national symbols is because St Patrick explained the Christian doctrine of the Holy Trinity by reference to the three leaves of the shamrock. I now work in a College named for the same Holy and Undivided Trinity. So, it might come as little surprise that I have recently been thinking about a trinity, though a rather more secular one. What I have in mind is the constitutional trinity on which many modern states are founded: liberal democracy and the rule of law.

All three elements of this trinity are multi-faceted, contestable, and elusive. Moreover, it is possible to conceive of a state which commits to one of the elements of this constitutional trinity, or even two, but – like a three-legged stool – they have become mutually reinforcing in many modern states, so much so that they often fade into one another both in popular conception and in more considered analysis.…

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If the router don’t store it, you must acquit – War-driving in Holland

22 March, 2011
| 1 Comment
| General

On the main site, I have on several occasions considered the legality of war-driving, ie, piggy-backing on someone else’s open wifi. Here’s an interesting, if minor, example of the genre from the Netherlands:

If the router don’t store it, you must acquit

A court in the Netherlands has ruled that hacking a WiFi connection is not inherently illegal. But the ruling was based more on a technicality in the law than the principle, meaning it’s possible officials could seek to update legislation.

The ruling is actually a small part of a wider case involving a student who posted on the notorious 4chan board threatening to shoot people at a Dutch high school (for which he received a community service sentence.)

The post was made while using somebody else’s WiFi connection without permission, which led to prosecutors tacking on a hacking charge to the case — a charge that was dismissed, even though the network had been secured.

The reason for the ruling is that the wording of Dutch law says only computers can be hacked, and defines a computer as a machine that processes, transmits and stores data. The student accessed the Internet connection through a wireless router which — because it doesn’t store data (beyond user settings) — is not classed as a computer.

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These daft Soviet-style controls on universities must be abolished – The Irish Times – Tue, Mar 22, 2011

22 March, 2011
| No Comments
| General, Universities

FERDINAND VON PRONDZYNSKI

LEFTFIELD: If the Government insists that the civil service micro-manages our colleges, it will destroy third level education

…

It cannot be said loudly enough. This scheme is mad. It is senseless and destructive. It harms Ireland’s recovery. And it must be reversed as a matter of absolute priority.

via irishtimes.com
…

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Suppose the law: M. NourbeSe Philip’s The Zong!

21 March, 201130 November, 2020
| 3 Comments
| Contract, The Zong

Cover of M. NourbeSe Philip's 'Zong!' via the Dartmouth UP websiteThe Zong (Gregson v Gilbert (1783) 3 Doug 232, 99 ER 629, [1783] EngR 85 (22 May 1783) (pdf)) is an infamous case. It concerned a claim against an insurer for the value of slaves thrown overboard from The Zong to allow the crew to survive a chronic lack of drinking water (it is voyage 84106 on the Trans-Atlantic Slave Trade Database). The claim succeeded at first instance, but failed on appeal before Lord Mansfield and Willis and Buller JJ. I have already blogged about Nate Oman’s review of Simon Schama’s Rough Crossings: Britain, Slaves, and the American Revolution (Harper Collins, 2007) which discussed the case, and about an episode of a television drama inspired by the case. Now Kate Sutherland brings news that poet (and recovering lawyer) M. NourbeSe Philip has published an extended poetry cycle about the case: Zong! As told to the author by Setaey Adamu Boateng (Wesleyan University Press | The Mercury Press | Google Books (2008)). The abstract describes the book as “a haunting lifeline between archive and memory, law and poetry” and continues:

In November, 1781, the captain of the slave ship Zong ordered that some 150 Africans be murdered by drowning so that the ship’s owners could collect insurance monies.

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News: Reframing Libel event – papers now available « Inforrm’s Blog

21 March, 2011
| No Comments
| Defamation, General


19
03
2011

In November 2010 we reported on the Reframing Libel” event at City University London.  This brought together academics, practitioners, and campaigners to discuss the future of libel reform.   We subsequently published posts based on the contributions by Razi Mireskandari (one of our most popular posts), Dominic Crossley and Hugh Tomlinson (Part 1 and Part 2).

Writing on her “Meeja law” blog journalist and researcher Judith Townend (who was involved in the organisation of the event) reports that,  to coincide with the government’s publication of the Draft Defamation Bill, the Centre for Law, Justice and Journalism at City University London has made digital papers available here.

via inforrm.wordpress.com
…

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Would you recognise the signs of elder abuse? Attend a free Age Action workshop this Spring. | Age Action Ireland

15 March, 2011
| No Comments
| General

Age Action is organising a series of workshops for the public in the coming weeks to help raise awareness about elder abuse.

The workshops will take place between March 28 and April 8 at venues in Dublin, Cork, Galway and Athy, Co. Kildare.  They aim to raise awareness about what elder abuse is, the warning signs of abuse, the supports available if a person is being abused, and how to access them.

The workshops, which are funded by the HSE, will take place as follows:

Dublin: Wynn’s Hotel, Lower Abbey Street, Dublin 1,  Monday, March 28 (9.45am to 12 noon);

Athy: Carlton Abbey Hotel, Athy, Friday, April 1 (1.45pm to 4pm);

Galway: Croi na Gaillimhe Resource Centre, Mills Street, Galway, Monday, April 4 (9.15am to 11.30am);

Cork: Imperial Hotel, South Mall, Cork, Friday, April 8 (1.45pm to 4pm).

If you are interested in attending any of the workshops, or are part of a group that might benefit from attending one, please contact us to register.  Pre-registration is necessary as each workshop is limited to 40 people.

To register your place at one of the workshops: phone 01-4756989; email info@ageaction.ie or write to Age Action, 30/31 Lower Camden Street, Dublin 2.

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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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