Archive for ‘Substantive Law: Foreign Law’
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]
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]
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]
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]
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.
. . . [more]
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
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]
The high spots for me were on Social Media and a Legislative Map at the State level, which looks simple but is only simple to use.
Social Media Box
In addition to easier access to the Library’s social media, there is a new box to highlight ways . . . [more]
Scotland proposes to join England and Wales in abolishing the rule against double jeopardy in some criminal matters. According to the story on the BBC site, the move appears to have been prompted by the acquittal, three years earlier, of a person suspected of being guilty of some terrible murders.
The Scottish Law Commission released a report on double jeopardy [PDF] at the end of last year, recommending that the law be changed to permit an acquittal to be set aside where the trial was “tainted.” The Commission was unable to reach a conclusion as to whether an acquittal might . . . [more]
U.S. President Obama today signed into law the “Speech Act,” which is aimed at protecting U.S. writers from foreign libel judgments from jurisdictions that, in the opinion of a U.S. court, do not adequately protect freedom of speech. Such foreign judgments will not be enforceable in the United States — where, presumably, the writer’s and publisher’s assets are located. The legislation was prompted, as the BBC report says, by a libel suit against American writer Rachel Ehrenfeld who was sued in England, a notorious destination for libel tourism, because of a book on the funding of terrorism.
I believe that . . . [more]
The Federal Register, the daily journal of the United States Government including changes to rules and regulations, is celebrating its 75th anniversary, has relaunched its website and re-envisioned their services. Federal Register 2.0 is organized like a daily newspaper and is part of the open government initiatives under the Obama administration.
This video (which also appears on the new website under “About Federal Register 2.0″) provides additional detail about the history of the Federal Register and the changes: