The Australian Attorney General has recently published a discussion document “to explore the scope for reforming Australian contract law”.

The document asks for comments on whether and how contract law impairs economic activity within Australia and separately for international economic activity. Australia’s contract law is basically the English Sale of Goods Act and common law, of course with legislative changes and the contributions of Australian courts. Australia is a member state of the Convention on the International Sale of Goods.

The consultation document starts off well, in my view, with this statement: “Our legal system is a form of infrastructure . . . [more]

A Committee of UK Members of Parliament has recommended that search engines should have to remove material from search results that infringe privacy. Here is a news report on the committee’s recommendations. Here is The Committee’s document.

It looks as if they are talking about material that has been found by a court to be an invasion of privacy, rather than having to make that initial decision. But once a court has found a story or a picture to offend privacy interests, the search engines should have to develop a method of hunting down that story or picture and . . . [more]

I thought Slaw readers might be interested in the actual text of the Florida legislation that, in theory at least, governs the Trayvon Martin case. Title XLVI, Chapter 776.012 governs “Use of force in defense of person”:

A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

One of the satisfying moments that recurred regularly in Star Trek, the Next Generation, was Captain Jean-Luc Picard’s simple executive gesture and the words, “Make it so.” A lot of magic thinking was bound up with that. The United States Supreme Court, however, has recently told attorneys that no such wishful assertion can be as effective, at least in the universe where human laws intersect with the laws of nature.

Two days ago the court released the decision in Mayo Collaborative Services et al. v. Prometheus Laboratories, Inc. No. 10–1150. The following is from the headnote:

Although “laws of

The recent St. Patrick’s Day publicity, most of which seemed to involve drinking, put me in the frame of mind to notice this development from the home of St. Andrew, where the Scottish government has introduced a bill that would fix mandatory minimum prices for alcohol. The Scottish National Party’s first attempt in the prior parliament was defeated. However, SP Bill 4^* has this time received approval in principle and will proceed on through the legislative process.

There is a basis for concern about the consumption of alcohol in Scotland. The government has set out the argument in favour . . . [more]

Here’s a good review of the law on shrink-wrap, click-through and ‘browse-wrap’ contracts . I expect the law of New York is much like the law in at least common law Canada on the topic. The comment is inspired by a recent dispute about Facebook’s ability to enforce its forum-selection clause. The author says that most lawyers would have thought that FB’s sign-up process was ‘bullet-proof’, but the court still made a thorough analysis of it.

The process required the person signing up to click on the terms of service to see them, In other words, the assent to those . . . [more]

GPO Access, the online disseminator of official U.S. government publications, is shutting down permanently tomorrow, March 16th. It has gradually been replaced over the past two years by the new FDsys or Federal Digital System.

FDsys offers authentic, digitally signed PDF documents from dozens of different collections of U.S. Federal Government information (Congressional, Presidential, judicial and federal agency materials)

Some of the new system’s highlights:

• Information is preserved for permanent public access
• Search multiple publications at once
• Conduct complex searches
• Narrow, sort, and filter search results
• Access documents in multiple file formats
• Access metadata in standard XML formats

Parliamentary websites are too often overlooked as sources for legal research. And that’s a shame because the best ones tend to offer access to an amazingly broad range of material.

The new website of the Australian Parliament, launched last week, is a case in point. There is a ton of stuff there. Most interesting, from my researcher point of view, are the research publications written by the Parliamentary Library, the bill digests (summaries) and the committee pages.

The Library of Congress blog, In Custodia Legis, has a description and evaluation of many of the site’s new features. . . . [more]

The Association of American Publishers announced yesterday that they have successfully taken two websites offline that were freely distributing copyrighted e-books. One of these sites, library.nu, was said to contain more than 400,000 protected digital works.

PaidContent.org has a post up describing how publishers are banding together to fight against book piracy, similar to the battles the RIA has fought over the past decade. The piece also correctly notes how this takedown was conducted without any new legislative powers, such as those in the failed US SOPA bill.

But perhaps the best read of the bunch (at least for . . . [more]

Library Boy told us last year about some tentative steps that courts were making to embrace – or to sniff around tentatively – the whole subject of social media. Today’s announcement from the UK Supreme Court that it will start official tweets of judgments – this in anticipation of the Assange extradition decision – represents the first wholesale adoption by a final court of appeal.

It overshadows Chief Justice McLachlin’s announcement within a speech at Carleton University on the Media and the Courts, that the Canadian judiciary should start to think seriously about social media.

See the Globe, the . . . [more]

The Paris court of appeals has decided that a suggested search query generated by the Google Suggest function defamed the company whose name was first entered into the search box. This feature works by displaying the most popular searches performed by other Google searchers associated with the text typed into the search box. So Google doesn’t decide what is displayed; its machines just count and show.

Turns out that one of the most popular associations with the name of the plaintiff company was ‘escroc’, which in French means crook or swindler.

Is this a kind of ‘crowd-sourced’ defamation? What can . . . [more]

The state of Indiana may soon become the 23rd state in the US to adopt right-to-work legislation. With the Senate Committee having already passed the Bill, it will go to the full Senate. If there are no amendments, the governor of Indiana could be signing the Bill as early as tomorrow (see a news article here).

Back-to-work legislation prohibits contracts between employers and unions which require all employees to pay union dues as a condition of employment. As such, this type of legislation gives the non-member employee the option of paying union dues (or not). Supporters of this type . . . [more]