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Archive for ‘Substantive Law: Foreign Law’

Thomson West Appeals Professors Damage Award

Louis reported earlier this month on the story of a US federal jury which awarded $2.5-million in punitive damages and $90,000 in actual damages to each of two law professors who said that Thomson West had put their names on an annual supplement to a leading Pennsylvania practitioners’ text, even though they had refused to update the supplement when their pay was unilaterally halved.

Surprise to no-one – Thomson West will be back in court next month seeking an injunction to restrain what they say is prejudicial publicity – and we suspect, saying that the punitives are excessive.

We . . . [more]

Posted in: Legal Information: Publishing, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Is It a Crime to Read Your Spouse’s Emails?

My mother used to say something to the effect that “gentlefolk do not read each others’ mail.” Of course, she didn’t reckon with spies or spouses in distress. It comes as no surprise to me, a one-time family law prof, that, as the Huffington Post reported yesterday, a Michigan man at odds with his wife got hold of her password and read her emails in order to confirm her affair. Very much a “dog bites man” story, you’d think.

Not so, apparently — thanks to prosecutor Jessica Cooper, who has charged the husband with “felony computer misuse,” which has a . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

Estates Litigation, a Staged Law Library and the SFO

Okay a seasonal quiz question – in which work of art do a law library and a complex question of estate litigation feature prominently?

Okay – a big hint. It’s opera. . . . [more]

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

Baldwin v Costner, and the BP Oil Spill

Most people are too busy shopping during the holidays to be worried about filing suits. Unless, maybe, you’re a celebrity.

Stephen Baldwin filed a lawsuit on Wednesday against Kevin Costner, not for any work they had done together in the entertainment industry, but for Baldwin’s investments in Costner’s company, Costner in Nevada Corporation (CNIC).

Baldwin claims he met Costner in April and decided to become a 10% partner in an invention backed by CNIC which could separate oil from water. With the backdrop of the April 20, 2010 BP oil spill, it seemed like a good venture. Interestingly . . . [more]

Posted in: Substantive Law: Foreign Law

Facts and Trends in Dispute Resolution in Sweden and Finland

Companies are clearly interested in exploring alternative ways of resolving disputes. While only 14 % of corporations surveyed by Rochier in Finland and Sweden say they have so far participated in mediation or another alternative dispute resolution process, this percentage may rise as companies continue to seek simplified dispute resolution procedures and flexible solutions. The second most important conclusion is that corporations in Sweden and Finland are cost conscious, with an eye on cost cutting and improved cost management when it comes to conflict management and resolution. Conflict prevention is the buzz word over dispute resolution.
Posted in: Substantive Law: Foreign Law

Justice Judge Lays Down the Law on Twitter

And now a post from snowbound London.

During the bail hearing of Julian Assange, the presiding magistrate, District Judge Howard Riddle, gave permission for journalists in attendance to use live blogging technology in reporting proceedings. In doing so, in the interests of practicality, he waltzed past provisions in the Contempt of Court Act 1981, which prohibited the use of recording media in court. It spurred a debate in England about the appropriate limits.

This spurred the senior judge in England – the wonderfully named Lord Chief Justice of England and Wales, Lord Judge – to issue formal guidance to the . . . [more]

Posted in: Legal Information: Information Management, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Technology: Internet

Lord Chief Justice of England and Wales Complains of “Impenetrable Legislation”

England’s top judge, Lord Chief Justice Lord Judge (that’s a great name!) has complained that “impenetrable” criminal justice legislation is causing major delays in British trials.

The remarks are contained in the most recent annual report of the Court of Appeal Criminal Division.

In his introduction, Lord Judge writes:

“It has been another year of unremitting commitment to the administration of criminal justice. That is as it should be. What remains less tolerable is the continuing burden of comprehending and applying impenetrable legislation, primarily but not exclusively in relation to sentencing. The search for the legislative intention in the

. . . [more]
Posted in: Substantive Law: Foreign Law

Government Access to Stored Communications – Warshak and Gomboc Compared

Yesterday’s United States Court of Appeals for the Sixth Circuit finding that e-mail held by a service provider cannot be accessed without a warrant has already been much discussed. For good American commentary, see blog posts by Professors Paul Ohm and Orin Kerr and the Electronic Frontier Federation’s news release. This is a short note to identify the links with our recent Supreme Court of Canada decision in R. v. Gomboc.

The American decision, United States v. Warshak, is very much about the societal value of confidential e-mail communications. The Court recognizes such value and grants it . . . [more]

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

This Week’s Biotech Highlights

This week in biotech was very slimming:

There have been three obesity drugs presented to the FDA for approval this year. The agency has very stringent criteria for obesity drugs because while they could see wide application (sic), the condition they treat is not generally life-threatening. So any signs of dangerous side effects can doom candidates’ applications. The third and final drug, however, Orexigen’s “Contrave” product, won a positive panel vote this week.

The Indian Drug Manufacturers’ Association is lobbying heavily to slim down the free trade agreement being negotiated between India and the EU. They want to . . . [more]

Posted in: Substantive Law: Foreign Law, Technology

Saving Libraries From Chocolate by Law

Young Mr. Byron Bennett sells chocolate. He has an elaborate shop in Manhattan offering 36 brands of the luxurious substance, hailing from ten countries. He also believes in order, so his chocolates are ranged on shelves with careful precision as to type and origin. To reflect this combination of succulence and seriousness he named his shop The Chocolate Library. It would seem to be a sensible and harmonious marriage…

…to everyone, that is, except the New York State Education Department.

What, you might ask, does a department of education have to do with a chocolate shop? The answer makes about . . . [more]

Posted in: Miscellaneous, 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

. . . [more]
Posted in: Substantive Law: Foreign Law, Technology: Internet