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Archive for ‘Substantive Law: Foreign Law’

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

Guidelines to Sharia Law in Great Britain

On March 13, 2014, the Law Society of England and Wales announced that it had released guidelines to help solicitors in the United Kingdom apply Sharia law succession rules. Specifically, the guide deals with drafting wills, trust issues and disputes over estates, and explains in detail how to write wills that respect Islamic traditions while complying with UK law.
Posted in: Miscellaneous, Practice of Law, Practice of Law: Future of Practice, Substantive Law, Substantive Law: Foreign Law

Can You Be Prosecuted for a Facebook ‘like’?

A US appeals court found – properly, in my view – that clicking ‘Like’ on the Facebook page of a political candidate was political speech protected by freedom of expression law.

Another US court found that clicking on ‘Like’ on the Facebook page of someone who has a restraining order against any contact by the clicker is contempt of the restraining order. That too seems sensible, if severe. (Restraining orders often need to be severely enforced.)

Here is an account of a bit of a confused British situation, where someone is apparently being investigated by police for Liking a Facebook . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet, ulc_ecomm_list

English Law Commission Report on Contempt of Court: Court Reporting

The English Law Commission earlier this week released its report on Contempt of Court: Court Reporting.

The report is part of the Commission’s Contempt of Court Project that also looked at juror misconduct on the Internet and contempt in the face of the court.

Under the Contempt of Court Act 1981, publication of material which has the effect of risking serious prejudice to active court proceedings can in some circumstances be punished as a contempt of court. Liability can arise irrespective of whether the publisher was aware that the publication would create such a substantial risk.

The Commission’s . . . [more]

Posted in: Substantive Law: Foreign Law

Wearing My Religion: The European View

That’s me in the corner
That’s me in the spotlight
wearing my religion.
[apologies to R.E.M.]

As surely everyone in Canada will know there’s currently an attempt in Québec to impose a “charter of values” that would restrict the ability of some government employees to wear conspicuous religious symbols. Indeed, there has been discussion of extending to employers the freedom to impose rules excluding the use of conspicuous religious symbols.

In light of this, you might be interested to read “Religious Symbols, Conscience, and the Rights of Others” by Andrew Hambler and Ian Leigh in the Oxford Journal of Law . . . [more]

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

Collection and Dissemination of Unauthorized Information

Yesterday we concluded the Third Annual UCLA Cyber Crime Moot Court Competition in Los Angeles. This year the moot problem dealt with access of a public website through a scraper program to collect e-mail addresses for the purposes of illustrating security vulnerabilities.

The first issue in the case was roughly modelled after United States v. Auernheimer, 2012 WL 5389142 (D.N.J. 2012), which is expected to appear before the Third Circuit in the near future. In this case, a data breach at AT&T resulted in the theft of personal information of approximately 120,000 AT&T customers through the use of a . . . [more]

Posted in: Education & Training: Law Schools, Substantive Law: Foreign Law