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Is it unthinkable that an Irish university could go private?

27 October, 201016 November, 2010
| 4 Comments
| Universities

Ivy covered West College, Princeton, via WikipediaSome time ago, I mused that Irish universities seeking the freedom to set their own fees might decide to “de-nationalise” and “go private” by means of a Unilateral Declaration of Independence, but I concluded then that it would never happen. Some time later, the old adage “never say never” proved itself once again, as I noted that the rector of Imperial College London suggested that Imperial, Oxford, Cambridge, the LSE and UCL should go private and form an independent US-style Ivy League. Earlier this year, Ferdinand von Prondzynski also speculated about this issue on his blog. Last week, things moved from speculation closer to reality: the Sunday Telegraph reported that Cambridge University is beginning to consider going private for precisely that reason, and the the Guardian yesterday reported that the LSE is doing likewise, amid fears a rise in tuition fees will not be enough to allow them to do what they already do let alone to compete with elite US universities. Of course, there are less drastic solutions, but the abolition of teaching grants for the humanities in the UK following the Browne Report might be the spur to this course of action:

Andrew Oswald, an economist and professor of behavioural science at Warwick Business School, says … “I certainly expect to see a number of large private universities of the kind that can rival the best on the east coast of America in my lifetime,” ….

…

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Today

26 October, 201015 October, 2010
| No Comments
| General

From Hal’s Progressive Rock Blog, the poster for the San Francisco International Pop Festival-October 26, 1968 (FLAC):


…

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University Strategic Planning

24 October, 201016 October, 2010
| 1 Comment
| General, Universities

From the consistently wonderful MacLeod Cartoons, a cartoon called ‘University Strategic Planning‘:

University Strategic Planning, by MacLeod Cartoons, via their website


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The Defamation Act, 2009 in the courts

22 October, 201010 December, 2012
| 6 Comments
| Defamation, Press Council

Greyscale of logo of radio station, 4FM, via their websiteI was on the radio station 4FM this evening, talking about the defamation action currently being taken by politician Michael Lowry against journalist Sam Smyth over comments Smyth made in an article in the Irish Independent newspaper last May and on TV3 last June. The comments concerned the travails of Lowry and businessman Denis O’Brien with the Moriarty Tribunal (which is enquiring into payments to politicians). At the time, O’Brien threatened to sue Smyth (but not TV3 or the Irish Independent), and now Lowry done precisely that (Irish Independent | Irish Times | RTÉ).

On 4FM this evening, Tom McGurk was particularly concerned with the tactic of suing the journalist but not the news organization, and the question of whether the journalist in such a case would have an indemnity. That indemnity would be a matter for the contract between the journalist and employer, and if there is no contract or it does not provide for an indemnity, then it will be up to the employer to decide whether to indemnify or not.

Suing Smyth but not TV3 or the Irish Independent does not seem quite so extraordinary in this case, since Lowry does not want damages, but only a declaratory order pursuant to section 28(1) of the Defamation Act, 2009 (also here) that the comments are false and defamatory.…

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Advertising politics; political advertising

22 October, 201022 October, 2010
| 1 Comment
| advertising, Freedom of Expression



It is a bad advert for Irish politics that RTÉ (Ireland’s national public broadcaster) has had to decline to broadcast a radio advertisement for the short film Defend The Pension from the Older & Bolder campaign (above, via Vimeo; see also here, via YouTube). Older & Bolder is an alliance of non-governmental organisations that champions the rights of all older people, and seeks to combat ageism. Defend The Pension is directed by award-winning director Ken Wardrop, who directed the wonderful His & Hers; and it shows a number of old age pensioners standing in the pouring rain explaining why the State pension is important to them and should not be cut.

Section 41(3) of the Broadcasting Act, 2009 (also here) provides

A broadcaster shall not broadcast an advertisement which is directed towards a political end …

According to today’s Irish Times, Peter Feeney, Head of Broadcast Compliance at RTÉ, said that this section forbids all broadcasters from carrying advertisements towards political ends, and that RTÉ has no discretion in this matter. He also said that RTÉ’s copy clearance committee decided the advertisement breached the Act because it directed listeners to a video and website that sought to influence the Government in the formation of December’s budget.…

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The role of new media in humanities scholarship

20 October, 2010
| No Comments
| Media and Communications

Conversation, via First MondayOne of my favourite reads online is the journal First Monday, one of the first openly accessible, peer–reviewed journals on the Internet, solely devoted to the Internet. The name of the journal was chosen, First Monday, based on its frequency, as issues appear on the first Monday of every month. In this month’s issue (Volume 15, Number 10 – 4 October 2010), there is an excellent article on the new media in the humanities by Oya Y Rieger:

Framing digital humanities: The role of new media in humanities scholarship

The phrase “digital humanities” refers to a range of new media applications that converge at the intersection of technology and humanities scholarship. It is an evolving notion and conveys the role of information technologies in humanities scholarship. Based on a qualitative case study approach, this paper interprets the concept by eliciting the diverse perspectives — which nevertheless express several discernible themes — of a group of humanities scholars. It synthesizes the wide range of opinions and assumptions about information and communication technologies (ICTs) held by these humanists by using Bijker’s (1995) notion of a technological frame. The digital humanities domain is interpreted through three lenses: digital media as facilitator of scholarly communication; digital media as a platform for creative expression and artistic endeavors; and, digital media as context for critical studies of digital culture.

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Subrogation, shipping, and unjust enrichment

18 October, 201022 July, 2023
| 1 Comment
| Restitution, Subrogation

Cheltenham & Gloucester storefront 2007In an earlier post, I discussed the subrogation claim in Bell Lines v Waterford Multiport Ltd [2006] IEHC 188 (28 April 2006) (Dunne J) rvsd [2010] IESC 15 (18 March 2010). My basic point was that subrogation arises for all sorts of reasons. As Lord Diplock put it in Orakpo v Manson Investments [1978] AC 95, followed in this respect by Neuberger LJ in Cheltenham & Gloucester Plc v Appleyard [2004] EWCA Civ 291 (15 March 2004) [32], it “embraces more than a single concept”. Apart from the insurance context where it is largely a matter of contract, several reasons have been proferred to explain when subrogation arises by operation of law.

For example, (i) it can reverse unjust enrichment; (ii) it arises on “well settled established principles and in defined circumstances”; (iii) it will be applied when “reason and justice” demand that it should be; (iv) it reflects the presumed or actual intention of the parties; and (v) it is all simply a matter of discretion. It is unlikely that a single over over-arching theory will explain the whole field. Instead, subrogation is a rather protean doctrine, founded upon many different principles. As a consequence, it is likely that unjust enrichment is simply the theoretical foundation of one facet of the doctrine of subrogation rather than for the whole ambit of the doctrine.…

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Justice is open again

17 October, 20103 May, 2012
| No Comments
| Open Justice

Front door of Four Courts, by Simon McGarr via FlickrThe photo on the left – ‘Access Denied’ by Simon McGarr – shows the main door of the Four Courts in Dublin, with a sandwich board outside announcing

This entrance is now closed. Please use Morgan Place entrance.

Leaving aside jokes about open justice and access to the courts, I was delighted to note during the week that the board is now gone. According to the Courts Service website:

Four Courts main doors re-opened to the public

The public can once again access the Four Courts via the main entrance on Inns Quay.

The reduced numbers using the Four Courts following the transfer of criminal business to the new Criminal Courts of Justice has made it possible to install a security system at the historic entrance and allow for access by the public.

Brendan Ryan CEO of the Courts Service said that “the main doors once again open for daily business is highly symbolic of the courts being held in public. We are delighted to be in a position to facilitate this and still maintain security and safety for all court users”.

…

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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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  • A New Look at vouchers in liquidations
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  • As I was saying before I was so rudely interrupted … the Defamation (Amendment) Bill, 2024 has been restored to the Order Paper
  • Defamation in the Programme for Government – Updates
  • Properly distributing the burden of a debt, and the actual and presumed intentions of the parties: non-theories, theories and meta-theories of subrogation
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