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Archive for ‘Substantive Law: Foreign Law’

67 Minutes in Honour of Madiba

At a session at the Fourth International Legal Ethics Conference at Stanford Law School yesterday afternoon Freddy Mnyongani Senior Lecturer of the Jurisprudence Department at the University of South Africa told us that today has been marked by the United Nations as Mandela Day, in honour of the great man’s 92nd birthday.

On Mandela Day people are called to devote just 67 minutes of their time to changing the world for the better, in a small gesture of solidarity with humanity, and in a small step towards a continuous, global movement for good. . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

The Legal Matrix

At a session at the Fourth International Legal Ethics Conference at Stanford Law School this morning Laurel Terry pointed us to a very elegant model for organizing legal information. It was developed a decade ago by the Project on International Courts and Tribunals. Simon noticed the link in the post here, but didn’t drill down.

The PICT Research Matrix is the first comprehensive, systematic and holistic mapping of the international judicial system. It encompasses 18 international judicial bodies, grouped in six clusters according to their geographical scope and/or subject-matter jurisdiction. For each institution, 29 issues, grouped in five . . . [more]

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

European E-Justice Portal

The European Community has placed a new online front end on its law-related offerings, aiming to make it easier to find what you want amid the welter of languages, systems, and regulations. The recently launched European e-Justice Portal contains sections directed at the public, businesses, the legal profession, and the judiciary. Within the Legal Profession section are the following resources:

  • Law – providing general information and links with respect to the laws of the union, member states, and international treaties
  • Case law – offering links to databases containing judgments for these various jurisdictions (and notably lacking any references to WorldLII
. . . [more]
Posted in: Substantive Law: Foreign Law, Technology: Internet

Responsible Journalism Defence – Online Archives Have to Be Updated

The Court of Appeal for England and Wales has recently decided, in Flood v Times Newspapers Ltd [2010] EWCA Civ 804 that the ‘responsible journalism in the public interest’ defence to defamation requires that an online archive of a story must be updated to take account of exculpatory developments.

Since the Canadian version of that defence (‘public interest responsible communication’) expressly applies to blogs and other non-mainstream-media publications, will bloggers have to update their stories too? Will they have to go back and amend or annotate the original posting? Does the usual blogging software allow for that?

(In Flood, . . . [more]

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

Investment Treaty Arbitration Site at UVic Law

Earlier today I stumbled across an excellent, free Investment Treaty Arbitration website at UVic Law that has so far appears to have gone unnoticed by SLAW.ca commentators.

According to the site, it provides access to all publicly available investment treaty awards along with information and resources relating to investment treaties and investment treaty arbitration and links to further resources.

Readers of the site are encouraged to send investment treaty materials and awards to Professor Andrew Newcombe for posting.

You can access awards chronologically or alphabetically by claimaint or by respondent state. Information is also provided for expert opinions and ICSID . . . [more]

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

EPIC Files Suit Against the Deployment of Full Body Scanners in US Airports

The Electronic Privacy Information Center (EPIC) in the United States filed a petition against the US Department of Homeland Security (DHS) in federal court for an independent review of the airport body scanner program, and a motion for an emergency stay of said program.
Posted in: Substantive Law, Substantive Law: Foreign Law

Russian Artists Convicted of Inciting Religious Enmity

In a prosecution that has garnered steadily growing criticism since it’s inception in 2008, two Russian art exhibit organizers were convicted today under the Russian Criminal Code section that sanctions “incitement of national, racial, or religious enmity.” See the Associated Press story. A 2008 post on GiF.ru – Art of Russia sets out a careful translation into English of the (long) Russian indictment. The text of Article 282 of the Criminal Code of the Russian Federation reads as follows in English:

Article 282. Incitement of National, Racial, or Religious Enmity

1. Actions aimed at the incitement of national, racial,

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

Indian Suit Proceeds Against Foreign Law Firms

A lawsuit launched to enjoin foreign law firms from practising law in India is lurching ahead in Chennai. Originally begun in March, the suit names 30 international law firms and one LPO as respondents. According to Legally India, the court has just ruled that the respondents will now be served and must defend against the suit.

The individual plaintiff, a lawyer, rests his case on the Advocates Act, 1961, which governs who may practice law. According to his petition (available here in PDF via Legally India), only Indian citizens may practice law in India, though foreigners may be admitted . . . [more]

Posted in: Practice of Law, Substantive Law: Foreign Law

United States Government Suing the State of Arizona Over Immigration Law

On Tuesday July 6, I heard that the United States government filed a lawsuit against the State of Arizona over the immigration law, arguing that it is meant to supersede the federal government's authority under the US Constitution to regulate immigration.
Posted in: Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Moving Day – La Journée Nationale du Déménagement

In a very curious custom, today seems to be the day when leases renew in Montréal, so it’s Moving Day, when a few hundred thousand Québecois decide to switch residence on the same day. Movers are sitting on their hands much of the rest of the year, but are booked solid for July 1 months in advance. Even at rates that are triple normal.

Why? . . . [more]

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

If America Was Going to Be a Great Legal Country, It Needed to Have Its Own Legal Reports.”

The oldest law reports in North America were originally written by Josiah Quincy Junior (1744-1775), recording the cases of continental America’s oldest court, the Superior Court of Judicature of the Province of Massachusetts Bay. That is the direct ancestor of today’s Supreme Judicial Court of Massachusetts, which has been in continuous existence since 1692.

My friend Daniel R. Coquillette, former Dean of Boston College Law School has edited a new edition of the law reports published this month.

Quincy’s court reports offer a rare legal insight into life in the American colonies prior to the American Revolution, and cover such

. . . [more]
Posted in: Legal Information: Publishing, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Cyberbullying in the News

This is a short note with some links related to cyberbullying, starting with one to the June 27th New York Times feature article, Online Bullies Pull Schools Into the Fray. Reporter Jan Hoffman details how American school administrators are dealing with the pressure to intervene in cyberbullying cases despite challenging questions about the scope of their power to deal with “off campus” student conduct.

The pressure for intervention is understandable because the prospect of taking on a cyberbully through the courts can be daunting. Whether this cost should be mitigated by protective orders is the issue in a Nova . . . [more]

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

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