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Archive for ‘Substantive Law: Foreign Law’

European Court of Human Rights Factsheets

The European Court of Human Rights (ECHR) in Strasbourg decides thousands of cases every year on an unimaginably vast range of topics. And it has often heard cases on controversial subjects years before Canadian courts have tackled them.

The ECHR has been publishing a series of Factsheets that describe key jurisprudence of the institution broken down by subject.

The ECHR recently added new Factsheets on:

The ECHR hears complaints from individuals living in any of the member states of the Council of Europe about violations of the European Convention of . . . [more]

Posted in: Substantive Law: Foreign Law

The Laws of 2014 FIFA World Cup

Today is the finals for the 2014 World Cup between Argentina and Germany.

Although I don’t follow sports much, you cannot but help notice the sea of multicoloured jerseys around you. So I did what any disinterested lawyer would do, and I started taking a look at the laws around the FIFA competition.

Of course FIFA has its own Laws of the Game, a 140 page document which details how the matches will be taking place. I’ll be carrying this handy document to the finals to look closely for any contraventions of the rules, though it’s unlikely any of . . . [more]

Posted in: Substantive Law: Foreign Law

US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?

Lower courts in both Canada and the US have been deeply divided on the application of their respective Supreme Courts’ precedents on whether the police need a warrant to search the contents of a smart/cell phone seized during a lawful arrest. On June 25, 2014, the US Supreme Court unanimously settled US law in Riley v. California, No. 13-132. The court found that privacy interests at stake outweigh any legitimate governmental interest, absent any “exigent circumstances”.

The Fourth Amendment of the US Constitution provides protection against unreasonable search. A common law exception to the protection under the Amendment . . . [more]

Posted in: Case Comment, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Law Reform Commission Reports: Recent Releases

Legal researchers too often overlook law reform commission reports as sources of vital information and analysis.

Law commissions consult widely with stakeholders, sometimes compare how other jurisdictions have dealt with the same problem and they frequently dig into the history of an issue.

Here are a few reports released in the past few weeks.

  • British Columbia Law Institute Report Proposes Franchise Act : The report recommends that British Columbia become the 6th Canadian province to adopt franchise legislation. The report analyzes franchise legislation in force in Canada, the U.S., and elsewhere, and contains a detailed legislative proposal with commentary. Alberta,
. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law

Grand Chamber Judgment Validates the Prohibition on Wearing the Full-Face Veil in Public in France

On July 1, 2014, in a final judgment that cannot be appealed, the European Court of Human Rights (ECHR) in the case of S.A.S v. France (application no. 43835/11), validated French Law no. 2010-1192, which prohibits concealment of one’s face in all places open to the public in France and found that the law does not violate the applicant’s rights under the European Convention on Human Rights.
Posted in: Case Comment, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

More Comparative Law Reports From D.C. and Down Under

This is a follow-up to last week’s Slaw.ca post Law Library of Congress Report on Restrictions on Genetically Modified Organisms.

The Law Library of Congress has recently released two other comparative law reports. They are:

  • Child Restraint and Seat Belt Regulations: “This report contains citations to the laws on seat belt use in Antigua and Barbuda, Australia, Bahamas, Brazil, Canada, China, Cyprus, Egypt, England and Wales, Fiji, Ghana, Indonesia, Kiribati, Malta, Nauru, Netherlands, New Zealand, Oman, Philippines, Singapore, South Africa, South Korea, Sri Lanka, Trinidad and Tobago, Turkey, and Vietnam, with information on provisions concerning children where available.”
. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law

Law Library of Congress Report on Restrictions on Genetically Modified Organisms

The Law Library of Congress in Washington, D.C. has published a new comparative law report on Restrictions on Genetically Modified Organisms.

The report analyzes legislation on genetically modified organisms (GMOs) and genetically modified (GM) plants and foods in Argentina, Belgium, Brazil, Canada, China, Egypt, England and Wales, France, Germany, Israel, Italy, Japan, Lebanon, Mexico, the Netherlands, New Zealand, Norway, the Russian Federation, South Africa, South Korea, Sweden, and the United States.

There is also a bibliography.

Earlier comparative law reports from the Law Library of Congress have covered topics such as:

. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law

The Nature of Partnership

By some weird synchronicity, the Supreme Courts in both the United Kingdom and Canada in the last 24 hours have considered the nature of partnerships and the extent to which employment law protections also applied to partners.

Yesterday’s decision in Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 held that a junior partner (unhelpfully called an Equity Partner) in a London firm was protected by the whistle-blowing protections of the Employment Rights Act 1996. She had been involved in a rather dubious file in Tanzania and reported to the firm’s money laundering reporting . . . [more]

Posted in: Practice of Law: Practice Management, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Climate Change Class Actions Could Spur Greater Emergency Preparedness

There are no such things as natural disasters, only situations with disastrous consequences due to lack of social preparedness. This sentiment was a quite common one to encounter during my time working in emergency management. For example, Ilan Kelman states,

The term “natural disaster” is often used to refer to a disaster which involves an event originating in the environment. The term has led to connotations that the disaster is caused by nature or that these disasters are the natural state of affairs. In many belief systems, including Western thought, deities often cause “natural disasters” to punish humanity or

. . . [more]
Posted in: Practice of Law: Future of Practice, Substantive Law: Foreign Law

Extraordinary Video Dramatizing a Discovery Transcript

Today’s New York Times has started a new feature, taking the more outrageous elements of the US litigation system and dramatizing them.

This is quite wonderful – stick until the end.

They take verbatim (word for word) legal transcripts into dramatic, and often comedic, performances. Here you will find re-creations of actual events from the halls of law and government. You, our readers, can help us find material for future episodes. Have you come across court trials, depositions or government hearings that you think are surprising, bizarre or baffling — and lend themselves to performance?

Hat tip to Stan Freedman . . . [more]

Posted in: Legal Information: Information Management, Practice of Law: Practice Management, Substantive Law: Foreign Law, Technology: Office Technology

More Thoughts on Information as Property

There have been discussions on whether information can be ‘property’ for legal purposes (such as here and here), and the limits on that equivalence and the reasons for them. The English (and Welsh) Court of Appeal has recently addressed itself to that question again, in Your Response v Datateam Business Media [2014] EWCA Civ 281.

In that case, Your Response was working on a database of Datateam’s customers. In a dispute about payment, Your Response claimed a lien over the database and refused to return it to Datateam in the absence of payment.

The Court of Appeal held that . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, ulc_ecomm_list

Law Library of Congress Report on Biometric Data Retention for Passport Applicants and Holders

The Law Library of Congress in Washington, D.C. has published a new comparative report on Biometric Data Retention for Passport Applicants and Holders.

The report compares the regulation of biometric data obtained in connection with passport applications and the preservation of such data in fifteen selected countries: Argentina, Australia, Brazil, Canada, France, Germany, Hong Kong, Israel, Japan, South Korea, Mexico, New Zealand, Sweden, Ukraine, and the United States.

The Library occasionally publishes reports that compare the laws on a given theme in a number of countries.

Earlier comparative law reports from the Law Library of Congress have covered topics . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law