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Category: General

Reputation as Property

31 August, 2018
| 1 Comment
| General

This is a call for papers for a conference on Reputation as Property: Perspectives from Tort and Property, to be held on 18-19 January 2019 in Trinity College Dublin:

Reputation on PropertyHow can tort law account for the harm of defamation? One answer to this question is to argue that our reputation is or is like property. While this analogy may make sense to tort law theorists, particularly those seeking to give an internal account of tort law, it may not make sense to property theorists. In addition, it is not clear whether this approach fits with the case law. Whether or not thinking about reputation as property makes sense raises the question of whether tort law theory understands property differently than property theory does. It also raises the question of whether the theory of the tort of defamation fits the case law. In what ways does it make sense to think about reputation as property, and in what ways does it not?

In this workshop, organised in association with the Private Law Group at Trinity College Dublin, we seek to bring together property and torts scholars to discuss both theoretical and doctrinal approaches to the question of whether reputation is property or not.

…

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Compensation for breach of the General Data Protection Regulation

22 August, 2017
| 2 Comments
| GDPR, General, Privacy

I have just posted a paper on SSRN entitled “Compensation for breach of the General Data Protection Regulation”; this is the abstract:

Article 82(1) of the General Data Protection Regulation (GDPR) provides that any “person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered”. As a consequence, compliance with the GDPR is ensured through a mutually reinforcing combination of public and private enforcement that blends public fines with private damages.

After the introduction, the second part of this article compares and contrasts Article 82(1) GDPR with compensation provisions in other EU Regulations and Directives and with the caselaw of the CJEU on those provisions, and compares and contrasts the English version of Article 82(1) GDPR with the versions of that Article in the other official languages of the EU, and concludes that at least 5 of the versions of Article 82(1) GDPR are unnecessarily ambiguous, though the CJEU (eventually, if and when it is asked) is likely to afford it a consistent broad interpretation. However, the safest course of action at this stage is to provide expressly for a claim for compensation in national law.

…

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Implications of Brexit, North and South

1 March, 20179 May, 2017
| No Comments
| Conferences, Lectures, Papers and Workshops, General

Ire,UK,EuThe Irish Council for Civil Liberties (ICCL) seminar on the Constitutional and Human Rights Implications of BREXIT, North and South this evening at 5:00pm in the Distillery Building, Church Street, Dublin 7 (map via here). It’s something I’ve blogged about here, here, here and here. Since then, the UK Supreme Court has handed down its judgment in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 (24 January 2017). I wrote an OpEd on the case in the Irish Times the following day. …

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Today is World Intellectual Property Day

26 April, 2016
| 2 Comments
| General, Intellectual property

WIPO IP days posterEvery April 26, the World Intellectual Property Organisation (WIPO) celebrates World Intellectual Property Day to learn about the role that intellectual property rights play in encouraging innovation and creativity:

This year, we are exploring the future of culture in the digital age: how we create it, how we access it, how we finance it. We will look into how a balanced and flexible intellectual property system helps ensure that those working in the creative sector and artists themselves are properly paid for their work, so they can keep creating.

To mark the day, Adapt Centre in Trinity is hosting an event on Technology, Freedom and Privacy in the 21st Century.

Intellectual property (IP) refers to creations of the mind for which the law affords exclusive protection. This legal protection can be provided by legislation (as in the case of patents, copyright, trademarks, and design rights) or at common law (as in the case of passing off, or the protection of trade secrets and other confidential information). Patents [main Irish Act here] largely protect inventions, and the ongoing disputes in courts all over the world between Apple and Samsung illustrate the centrality of patents to modern businesses. They are so important, in fact, that section 32 of the Finance Act 2015 (the 2015 Budget) a patent box, a special tax regime for IP revenues, to encourage research and development, innovation and invention.…

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David Bowie – Memory Of A Free Festival

11 January, 201614 January, 2016
| No Comments
| General


… We touched the very soul
Of holding each and every life
We claimed the very source of joy ran through
It didn’t, but it seemed that way …

Bonus links for lawyers: For a brief period in 1968, as a day job while he was still David Jones, Bowie was a paralegal – essentially making photocopies – based near Lincoln’s Inn in London, at the litigation support (and now ediscovery) bureau Legastat.…

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March, that month of wind and taxes

25 March, 201326 March, 2013
| No Comments
| General

Homer Simpson and Ogden NashIndoors or out, no one relaxes
In March, that month of wind and taxes,
The wind will presently disappear,
The taxes last us all the year.

“Thar She Blows“, from Versus (1949) by Ogden Nash



In England, Lady Day – the Feast of the Annunciation of the Blessed Virgin Mary on 25 March – was the traditional New Year’s Day. Taxes for the year, due at the end of the year, were therefore due on 24 March. In 1752, when Chesterfield’s Act, 1750 (facsimile here) moved England from the Julian Calendar to the Gregorian Calendar (170 years after it had been promulgated), 1 January became New Year’s Day. At that stage, the two calendars differed by 11 days, so Wednesday 2 September 1752 was followed by Thursday 14 September 1752. However, although the calendar year moved, by virtue of section 6 of the Act, the tax year did not; and, as a consequence:

from 1753 until 1799, the tax year in Britain continued to operate on the Julian calendar and began on 5 April, which was the “old style” new tax year of 25 March. A 12th skipped Julian leap day in 1800 changed its start to 6 April.

…

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Data Protection and European Developments: a German View

19 March, 201319 March, 2013
| No Comments
| General

Heinrich Wolff, via the IIIS websiteThe Irish Society of Comparative Law, in conjunction with the School of Law, Trinity College, and the Institute for International Integration Studies in Trinity College Dublin, is hosting a public lecture entitled:

Data Protection and European Developments: a German View

by Professor Heinrich Wolff (pictured left), Professor for Public Law at the Europa-Universität Viadrina Frankfurt (Oder) and Visiting Fellow at the Institute for International Integration Studies in Trinity College Dublin.

The event will be chaired by Mr Paul Lambert, of Merrion Legal Solicitors and NUIG, author of Data Protection Law in Ireland (Clarus Press, 2013); and it will take place at 7pm, on Wednesday 20 March 2013, in the IIIS Seminar Room, 6th Floor Arts Building (map here), Trinity College Dublin.

The theme of this timely lecture is data protection and European developments from a German perspective; and it will be divided into parts:

– the basics of the data protection law,
– a description of European data protection and its reform, and
– an evaluation of the reform from the German perspective.

This event is free and all are very welcome to attend. Annual membership of the Irish Society for Comparative Law is available for €50.…

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Irish Law Journal, volume 2

11 March, 201311 March, 2013
| No Comments
| General

Irish Law Journal logoLate to this, with apologies, I am told that the Irish Law Journal is still (just about) accepting submissions (email here) for its second edition. Submissions should be no more then 25,000 words in length, on any matter of law. According to its submissions page:

The Irish Law Journal strives to publish novel scholarship that will have an immediate and lasting impact on the legal community in Ireland and abroad. We invite articles from academics, professionals and students of law or related disciplines. Case comments and book reviews will also be accepted. While each issue might have articles focused on Irish law, the journal’s remit is international and we welcome submissions on all areas of the law irrespective of national boundaries.

I think that this is an excellent endeavour, adding to the range of journals available in Ireland. They largely fall into two parts: student run for student publication, and more professional or academic for professional or academic publication. The Irish Law Journal crosses this divide: it is student-run and student-edited, but seeking to publish professional and academic pieces. Not only will such a journal publish valuable new legal research, it will also help in the development of law students.…

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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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