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Archive for ‘Substantive Law: Foreign Law’

Le Code Pénal – 200 Ans Aprés – en Fête

While of course legal scholars consult the current version of the text, both the Senate and the Cour de Cassation held parties and conferences recently to celebrate the fact that the legislature passed the original Code pénal on February 12, 1810, and it entered into force on 1 January 1811. This is of course six years later than the even more influential Code civil.

You can see the original text on Google Books.

Here is an audio discussion by Yves Mausen, Yves Jeanclos and Yves Mayaud of the background to the history of the Code.

The celebration . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Legislation

For Wikileaks Geeks: How to Decipher a State Department Cable

The National Security Archive, based at George Washington University, has provided a guide explaining How to Decipher a State Department Cable:

“This guide … might come in handy as you peruse the 251,287 Department of State cables recently released by wikileaks (…)”

“At the Archive, we have lots of practice reading declassified government documents. Since we will be using this space to share with you some documents from our trove of government releases, we thought it would be useful to give you some tips on what to look for in these documents. Several of our experienced analysts have created

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

Black Sheep Out – Switzerland and Direct Democracy

In another act of direct democracy, 52.9% of the Swiss voting public yesterday approved a referendum proposal to automatically expel foreigners convicted of various crimes. The Swiss Federal Department of Justice and Police press release reads, in part, as follows:

The people and the cantons have today adopted the popular initiative on the expulsion of foreign criminals. In future, foreign nationals who have committed one of the criminal offences named in the text of the initiative should automatically lose their right of residence and be deported to their country of origin. Federal Councillor Simonetta Sommaruga will set to work on

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Posted in: Substantive Law: Foreign Law

Some Notes on Benjamin on Sale of Goods

Thanks to our neighbour, Mary Saulig of Goodmans for lending me her copy of an old acquaintance, Benjamin on the Sale of Goods. But this post isn’t about presumptions of delivery or FOB contracts. It’s about one of the most remarkable stories of a legal author I’ve heard.

Let’s start at the Cimetière du Père Lachaise‎ in the 20th arrondissement, though the website doesn’t list this grave, which has this inscription on the tombstone:

Judah Philip Benjamin, Born St. Thomas West Indies August 6,1811, Died in Paris May 6,1884, United States Senator from Louisiana, Attorney General, Secretary of

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Posted in: Legal Information: Libraries & Research, Legal Information: Publishing, Miscellaneous, Reading: Recommended, Substantive Law: Foreign Law

Internet Jurisdiction – Based on Location of Server?

A recent English court case, Football Dataco Ltd et al. v Sportradar GmbH [2010] EWHC 2911 (Ch), has held that at least for some purposes, the jurisdiction of a court over Internet content should be based on where the server was located, and not where the information online was read or used.

This seems to me to be half right. Jurisdiction should not be based on where the information was read or received, unless there is some separate activity going on there. But the location of the server should be irrelevant too. It is the location of the business . . . [more]

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

Busy Week for Law Reform Commissions

I confess: I love law reform commission reports. I find they are wonderful sources for legal research. Many of the reports provide historical background on an issue and you can often find comparative information about how other jurisdictions have responded.

In the past few days, by pure coincidence, I have come across a wealth of new reports by law commissions in New Zealand, Ireland and Australia:

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

The Sound of Silence

Six Canadian provinces have legislative recognition of Remembrance Day, though only two mention Two Minutes Silence, Ontario and Alberta. Nova Scotia for example says:

Every employer carrying on or engaged in an industry to which Section 3 does not apply shall, subject to Section 8, relieve the employees in the industry from duty, and suspend the operations of the industry, for a period of three minutes, at one minute before eleven oclock in the forenoon.

This post is about silence, and the legal protection of silence.

You have the right to silence. And in Quebec, a judge cannot refuse . . . [more]

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

Social Media Use in the Workplace – Slagging Your Boss

Today’s New York Times is reporting on a Federal labor relations board decision last week to proceed with a complaint against a Connecticut ambulance service, American Medical Response, that canned an emergency medical technician for breaching a company policy that bars employees from depicting the company “in any way” on Facebook or other social media sites in which they post pictures of themselves.

This is the first case in which the US board has stepped in to argue that employees’ criticisms of their companies or bosses on a social networking site will be a protected activity and that employers would . . . [more]

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

A Spring Bill in Autumn

Perverse as it may be in November to contemplate Spring, today’s postings on the law of time and Bills prompt me to dredge out the wonderfully quirky piece of parliamentary draftsmanship, A.P. Herbert’s Spring Arrangements Bill.

The statute is referred to in Drafting Cayman Islands trusts, by James Kessler, Tony Pursal at page 148.

A.P. Herbert was the MP for Oxford University and a passionate advocate for Newfoundland independence – which made him a bete noire of Joey Smallwood in the Book of Newfoundland – see Peter Neary’s Newfoundland in the North Atlantic World, 1929-1949. Herbert’s . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation

Tweeting, Jurors and the Florida Clampdown

If you’re summoned for jury duty in Florida keep your thoughts on your civic responsibilities and leave your personal electronics at home.

Many of you have cell phones, computers, and other electronic devices. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about using your cell phones, electronic devices and computers. You must not use any device to search the Internet or to find out anything related to any cases in the courthouse.
Between now and when you have been discharged from jury duty by the judge, you

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

Hammurabi… Live!

The great Code of Hammurabi, nearly 4,000 years old, was written in cuniform script in Akkadian, a lingua franca for much of the middle east and north Africa at the time.

Thanks to the efforts of scholars at Cambridge, you can now hear what it might have sounded like. (Obviously, there’s no way to know with any certainty how Akkadian sounded, but certain clues, comparisons, and good guesses can give us an idea.) Here is a link to an MP3 file on Slaw’s server; you can also access the recording on the Cambridge site.

The . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

Labour Standards Reciprocal Enforcement Agreements

On September 29, 2010, new legislation allows Quebec to enter into reciprocal agreements with other Canadian provinces and territories to enforce the payment of wages and other moneys owed to local employees of Quebec-based organizations, as laid out in the other jurisdictions’ respective employment standards legislation.
Posted in: Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation