US Court rejects constitutional challenge to airport body scans.

on account of prosecutorial misconduct at trial. The prosecuting lawyers put “evidence” in front the jury that the judge had ruled inadmissible. When caught out, they suggested the jury be told to disregard that evidence. The trial judge was not impressed. (http://tsn.ca/mlb/story/?id=371713)

There is to be a Sept 2 hearing to decide if there will be a new trial.

Canadian judges are somtimes equally unforgiving where prosecutorial misconduct is involved which results in the jury hearing inadmissible evidence – see R v. Kusk, 1999 ABCA 49 – even where Charter issues are not mentioned. . . . [more]

This article by Jennifer Ip, Senior Claims Counsel at LAWPRO, follows up on Monday’s post on E&O coverage issues when dealing with foreign law, and appeared in the same December 2010 issue of LAWPRO Magazine.

When you shop for a contractor for a home renovation, you are often reminded about the need to ensure your contractor has third party liability insurance and workers’ compensation insurance – just in case.

Do you ask that same question when you shop for a lawyer outside of Ontario (or whatever is your home jurisdiction)? Do you remember to ask if the foreign lawyer carries . . . [more]

Seems that every couple of years or so I feel compelled to refer to the witticism about the unpleasant nature of making laws and sausages. This time, however, the link between the making of food and laws is rather more serious; this time the laws would compel us to avert our eyes — from farming, at least.

As factory farming has grown over the years, competition has increased and the pressure on farmers to keep the price of food low has remained steady. The result in many, or most, cases has been a deterioration in the conditions in which food . . . [more]

Yesterday the United States Supreme Court delivered a 7-2 opinion about violent video games: Brown, Governor Of California, et al. v. Entertainment Merchants Association et al. [PDF]. Justice Scalia wrote the majority decision, in which it was decided that a California law prohibiting the sale or rental of “violent video games” to minors is invalid as violating the first amendment protecting freedom of speech.

As might be expected, Scalia reviewed those restrictions on speech that have been supported by the courts, finding them in American traditions as spelled out in United States v. Stevens [PDF], a case concerning depiction of . . . [more]

On June 14th, the non-profit Business & Human Rights Resource Centre launched an online portal on Business & Children.

The Portal covers issues such as child labour, dangerous products, education, forced labour, pollution damaging health, pregnancy discrimination, sexual exploitation and trafficking. The content comes from many sources including NGOs, international organizations such as UNICEF and the ILO, governments, journalists, academics, and companies themselves. It features responses by companies to allegations of misconduct as well as positive initiatives they, NGOs and other organizations have taken to protect the rights of children.

The Business & Human Rights Resource Centre tracks the . . . [more]

What do Estonia and Denmark have in common that sets them apart from the rest of Europe?

They’re the only two of the 27 countries in the European Union that have complied with a directive on privacy that came into force on May 26. [The Register has the story.] The directive — a 2009 amendment to the broader directive on privacy — concerns cookies, those tiny bits of script that web servers can lodge on your computer in order to record your preferences, report back on your choices, or perform other relatively simple acts of communication between your machine . . . [more]

It isn’t uncommon to read in local, national and international newspapers stories of domestic workers being ill-treated, underpaid and overworked. While Canadian employment standards offer some protection to domestic workers, this certainly isn’t the case across the globe.

With the International Labour Organization’s (ILO) International Labour Conference currently taking place in Geneva from June 1 to June 17, with the agenda including an item entitled “Decent work for domestic workers”, there are hopes that a Convention supplemented by a Recommendation will be adopted to afford what is seen as urgently-needed protection to domestic workers (see the ILO website for more . . . [more]

From Dr. M Veerappa Moily, the Centre’s Minister of Law & Justice comes a Press Release:

The scope of this program is creation and management of the ‘National Legal e-library’ for 933 schools in India, Bar Associations, Government Legal departments etc. and meet the needs of academic librarians, students, faculty and young practitioners. It aims to provide a practitioners view and a comprehensive understanding of core subject areas of law.

Various technology tools that make the concept of E-Library indispensable are Easy Access to provide a campus wide access using IP Authentication, Results clustering to familiarize new users

. . . [more]

In April 2010, Terry Childs, a former IT employee with the City of San Francisco was sentenced to four years in prison for blocking access to the city’s network (which he designed) and refusing to turn over the passwords. It took Childs...

While the punishment appears for the moment to have been postponed, there is another horrible, barbarous story out of Iran. This time it’s not the stoning of a woman but the deliberate blinding of a man. He is alleged to have blinded a woman by throwing acid in her face when she spurned his advances. A Iranian court has now decided to order that he be blinded in return.

While there was a (justified) international outcry over the threat that a woman would be stoned, there has been none—at least that I’m aware of—over this latest barbarity. The man should, . . . [more]

Should there be a legal duty to notify people about whom a story is to be published, to give them an opportunity to go to court to stop the publication?

Max Mosley, former Formula 1 motor racing chief says so.

The News of the World, a UK tabloid, ran a story a few years ago revealing that Mosley had taken part in a sadomasochistic orgy with prostitutes. In 2008 Mosley won damages from the UK High Court of for breach of privacy.

Mosley claims that the UK is in breach of human rights laws because there is no remedy for . . . [more]