Promises and contract law >> European Private Law News
Recent developments in European contract law were prominent in the discussion at the seminar on Promises and Contract Law which was held in Edinburgh on 21st March.
Recent developments in European contract law were prominent in the discussion at the seminar on Promises and Contract Law which was held in Edinburgh on 21st March.
On Friday, the US House of Representatives voted, 240-179, along largely partisan lines to strip the Federal Communications Commission of any authority to regulate net neutrality. The vote has been viewed as mostly symbolic — the Democratic-controlled Senate is unlikely to pass the bill as well, and if it does, President Barack Obama has hinted he would veto it.
But the vote bodes poorly for net neutrality supporters who expected the concept to be enshrined in government regulation by now, more than two years into the Obama era. Those supporters, many of whom have gathered this weekend in Boston for the National Conference for Media Reform, have been deeply disappointed by Obama’s tepid advocacy and the weak net neutrality rules his hand-picked FCC chairman presided over last December.
See my post on Network Neutrality in the EU and Canada.
UK law (backed by Strasbourg) is now impinging on a particular set of prurient cultural tastes common among both the poor and the poorly educated. The impact is so direct that the working-class media nine pins are starting to fall: this week saw the demise of the Daily Sport and the Sunday Sport, the most down-market of the Red Tops. As I shall argue, blaming the internet is only the half of it: much of the blame can be laid at the feet of the European Court of Human Rights in Strasbourg and its protection of celebrity privacy to the same degree as that of common folk.
Courtesy of the Constitutional Law Blog, Justice Ginsburg and Justice Scalia tussle operatically in footnotes in Minnesota v. Carter, 525 U.S. 83 (1998). Since both Justices are fans of that wonderful art, we knew such erudite footnotes were coming.
More on law and opera here from Daniel F. Tritter (by way of the Law and the Humanities Institute and the Opera Quarterly), here from Arkansas Online (a court clerk by day and an opera singer by night, and probably by day also); diva Renee Fleming (or at least her voice) guests on Law & Order: SVU (“Bully”), aired March 30, 2011.
The new electronic independence re-creates the world in the image of a global village.
– Marshall McLuhan
In 2011, the University of Alberta will host the Herbert Marshall McLuhan Edmonton Centenary. Being the city of McLuhan’s birth, Edmonton boasts a special connection to the Canadian icon, even though others are also celebrating.
I offer you this link as tribute to Marshal McLuhan – the 1971 convocation address when the University of Alberta awarded him with an honorary Doctor of Laws.
Considering the number of times he has been mentioned here, I wonder what Prof. McLuhan would say about Slaw?
There are a number of forms of State-funded legal aid in Ireland but, in summary, they will be of no use to you unless charged with a reasonably serious crime or involved in family law proceedings. … It is almost unheard of for legal aid to be obtained to initiate a civil, non-family law case. In addition, many people who would not qualify for legal aid would still find it prohibitively expensive to fund many cases (particularly those relating to serious personal injury or medical negligence). Conditional fee arrangements, commonly known as no foal/no fee, fill the void. Despite this fact, cases which usually involve such arrangements are often characterised as being somehow of questionable merit or a feature of ambulance chasing.
It is, presumably, fear of the profession being tarnished by such characterisation that led the Law Society to severely restrict how solicitors can advertise their services. … Fee arrangements are currently the subject of debate in the UK, … Andrew Dismore suggests on the Guardian website that the UK reforms might only reduce legal costs by scaring potential claimants off. … Dismore’s charge that the UK Government’s proposals are unfair because they favour insurance companies have some resonance here.
This made me wonder whether the notion of customer lists being protectable trade secrets is sustainable in the era of social media. Will it seem quaint or Big Brotherish in the future that companies tried to “own” the social capital created by their employees?
This is an interesting question. The title of the post refers to Faccenda Chicken Ltd v Fowler [1987] Ch 117, [1986] 1 All ER 617 (CA) (available here (.doc)).
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