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Archive for ‘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

. . . [more]
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

DOJ Review of FBI Investigations

The United States Department of Justice (DOJ) released last month a report out of the Oversight and Review Division, Office of the Inspector General (OIG). The mandate of the OIG is to conduct independent investigations and special reviews of DOJ personnel and programs. The purpose of this 200-page redacted report, A Review of the FBI’s Investigations of Certain Domestic Advocacy Groups, was to respond to media reports and Congressional inquiries alleging that the FBI had improperly targeted domestic advocacy groups between 2001-2006bsolely based on their peaceful exercise of their First Amendment Rights.

Congresswoman Zoe Lofgren’s letter to the . . . [more]

Posted in: Substantive Law: Foreign Law

Youtube Confirmed as a Channel Not a Publisher

Today the Audiencia Provincial in Madrid released a significant ruling in the fight between Spanish television channel Telecinco and Google’s Youtube service. Surprise, surprise, sometimes fans post videos from television broadcasts on Youtube without tracking down rights owners to clear copyright.

But is Youtube liable for any infringement?

The Spanish company argued that its intellectual property rights were being violated, but a court in Madrid ruled that it was the responsibility of the copyright owner to identify such infringement and alert Google. It had set out to obtain what it believed would be an international precedent.

Historically, . . . [more]

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

A Great Month for Online IP Resources

Intellectual property researchers should have a look at WIPO Lex, a new reference resource from the World Intellectual Property Organization (WIPO) that provides up-to-date information on national IP laws and treaties of the members of WIPO, the World Trade Organization and the United Nations. It currently features the complete IP legal texts for over 60 countries with substantial coverage for a further 100 legal systems.

IP history buffs can also explore Primary Sources on Copyright (1450-1900) sponsored by the Arts & Humanities Research Council (Great Britain). It is a “collection of key primary documents from five countries—the United States, . . . [more]

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

TransLex.org: Online Transnational Legal Research

A colleague has made me aware of TransLex.org, a free website providing access to and information about transnational legal research.

The site can be searched by keyword with filters for such things as type of text (Court Decision, Arbitral Awards, Doctrine, Clause, Legislation or Principles) or language (English, French, German, Italian, Spanish, Dutch, Portugese and Latin).

The site can also be searched or browsed by one of 4 categories (the descriptions below are taken directly from the site):

1) Principles: The TransLex-Principles contain more than 120 principles and rules of transnational law, the New Lex Mercatoria, supported by . . . [more]

Posted in: Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Using Shari’ah to Protect Women Under the Common Law

Rafia Zakaria is an American lawyer and Ph.D. candidate at the Political Science at Indiana University. She writes in the September 2010 issue of Guernica about how she has used Shari’ah (Islamic law) to enhance the rights of a female client from Jordan who had been married, abused in the U.S., and finally divorced.

Rudi Stettner of the IndyPosted gives a summary of the predicament of Zakaria’s client,

The woman had married a fellow Jordanian in a whirlwind courtship and followed him to America. It very quickly became apparent that the man had an American mistress. When Zainab (The young

. . . [more]
Posted in: Education & Training, Substantive Law: Foreign Law

Jersey, Law and Social Media

Though we frequently mention New Jersey, we haven’t mentioned the Channel Islands – and their unique local laws and language. The local BBC news on Jersey mentions today that the Jersey Legal Information site was according to the BBC designed by Richard Susskind and that Richard is leading a conference on the use of social media within law, and how social media might enhance a legal information institute portal.

The event will look at using social media such as Twitter and Facebook to provide legal information for lawyers and citizens alike.

Richard notes that smaller jurisdictions may be . . . [more]

Posted in: Legal Information: Information Management, Substantive Law: Foreign Law