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Tag: blawg

Is Apollinaire obscene? The ECHR says: no!

7 July, 201028 April, 2020
| 5 Comments
| Censorship, ECHR, Freedom of Expression, James Joyce, Obscenity

Cover of 'Les Onze Mille Verges' via AmazonWhen I was growing up, I read a children’s book called The Arabian Nights, an innocent version of the Islamic classic One Thousand and One Nights. Perhaps surprisingly, a group of Egyptian lawyers has recently called for a ban of a newly-released version of the Nights, on the grounds that it is “obscene” and could lead people to “vice and sin”. At the same time, another Egyptian group has called for a ban on the controversial novel Azazeel (Beelzebub) by Youssef Ziedan, which won the 2009 International Prize for Arabic Fiction. And, irony of ironies, just in time for Bloomsday, a manga comic book version of James Joyce’s novel Ulysses had almost been banned from the Apple App Store for obscene images, but Apple then relented, and reversed its earlier decision to remove panels containing nude images, though it still continues to reject less famous apps.

These examples of censorship of literature on the grounds of obscenity are simply the latest instances of a long and dishonourable tradition. In an earlier post, I considered whether Lady Chatterley’s Lover is obscene. In Akdas v Turkey 41056/04 (15 February 2010) (judgment in French; press release in English), the European Court of Human Rights was faced with a similar question earlier this year, when it had to consider whether a Turkish ban on Guillaume Apollinaire‘s Les Onze Mille Verges (or, The Eleven Thousand Rods) was consistent with Article 10 of the European Convention on Human Rights.…

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Student vs. University

5 January, 20096 January, 2009
| No Comments
| Universities

ABA Journal Blawg 100 logoYou know how it goes at this time of the year – there are lists, lots of them, both of the best/worst of the year that is past and of resolutions and predictions for the year that is coming. I don’t usually go in for either, but one of those lists directed me to such an interesting post that in this case I’ll make an exception. The list is the 2008 ABA Journal Blawg 100, the 100 best Web sites by lawyers, for lawyers, as chosen by the editors of the ABA Journal. The winning blog in the Law Professors category is Jonathan Turley, and this recent post of his caught my eye:

Punitive Extraction: Dental Student Wins $1.7 Million From Four Faculty Members for Dismissal

Tooth, from Turley.In an impressive verdict, Alissa Zwick a former dental student at the University of Michigan has won a $1.72 million verdict with punitive damages from four faculty members (Dr. Marilyn Lantz, an associate dean, and Drs. Bill Piskorowski, Mark Snyder and Fred Burgett) for her dismissal for alleged academic deficiencies. It is a rare verdict in an area generally left to the discretion of faculty.

The trial in the case lasted 14 days and the jury found that the faculty had violated Zwick’s due process rights, awarding a $1 million punitive damages award and $500,000 for emotional distress.

…

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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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  • Samsoondar v Capital Insurance and Surrey Co Co v NHS Lincolnshire CCG – Part 7 – Defences: Change of Position, and Enrichment Pursuant to Obligation
  • Samsoondar v Capital Insurance and Surrey Co Co v NHS Lincolnshire CCG – Part 6 – Defences: Voluntariness, and Assumption of Risk
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  • Samsoondar v Capital Insurance and Surrey Co Co v NHS Lincolnshire CCG – Part 3 – Causes of Action: Compulsory Discharge of the Debt of Another; and Policy
  • Tá stair déanta maidin Lá Fhéile Pádraig i gCúirt Bhreithiúnais an Aontais Eorpaigh
  • Samsoondar v Capital Insurance and Surrey Co Co v NHS Lincolnshire CCG – Part 2 – Enrichment, at the Plaintiff’s Expense

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