Picture this: private space in the public sphere Mar 15, 2010
There are holes in the protection of privacy under our common law, but if Lara Bingle's former boyfriend really did pass that photograph on to others, it does not fall into one of them ... Last year the NSW Law Reform Commission recommended a statutory action for breach of privacy to fill in the gaps of the common law's privacy protection. (Sydney Morning Herald -- Opinion)
Mentally ill forced to wait a month to appeal Mar 13, 2010
Mr James said NSW probably had the best system in the common law world for reviewing involuntary admissions. Join the conversation. (Sydney Morning Herald -- Australia)
Patriotic Nullification Mar 13, 2010
Because the Federalists, Hamilton and Adams and their supporters, justified their legislation by invoking the Common Laws provisions about the punishment of sedition. The Common Law existed in each State to the extent that State had found it worthwhile to adopt it, but it had no place in a written document of delegated powers such as the Constitution for the United States ... If the feds could ignore specified power limitations by grafting Common Law jurisdiction into the Constitution, then... (The American Conservative)
All-Star Panel Mar 12, 2010
I had to give long disquisitions on why European history, which gave us, for example, English, the common law, western science, was slightly more important than Inca history in which my son had been marinated for many years. In fact he could almost speak Inca by 7th grade. (Fox News)
Court: Rights to Tavern on the Green Name Belong to New York City Mar 11, 2010
Soon after, the city attempted to stop the debtors from using the name Tavern on the Green at locations other than Central Park "in violation of the City's longstanding common law rights.". As a "prior user" since 1934, the city argued that the debtors, as licensees, had a limited right to use the trade name, which had become "singularly associated in the minds of consumers with the world-famous landmarked premises in Central Park.". (Law.com)
Excelsior moves ahead with 5th dock Mar 9, 2010
"The residential dock arrangements that have been in place for at least the past 35 years are consistent with the common law dedication of The Commons and, therefore, permissible," he wrote in a memo to the council ... With a common law dedication, the courts generally look at the previous uses of the land to determine if an expanded or new use is permissable. (Minnetonka Lakeshore Weekly News, MN)
Fruits of labor Mar 7, 2010
Any "right of way" or "common law" created by long-term previous activity ... Any "right of way" or "common law" created by long-term previous activity. (Honolulu Star-Bulletin)
Sorry Lara, we have no right to privacy Mar 6, 2010
Modern technologies were recognised by many US courts in 1900 as causing new types of wrongs that traditional English common law was ill-equipped to tackle. Unlike painting and drawing, film (still and moving) could be reproduced, manipulated and circulated more easily, without the consent of the subject. (Sydney Morning Herald -- Opinion)
Miner sues Anglo Gold Mar 4, 2010
Mankayi alleges that Anglo Gold acted in breach of both its common law and statuary duty to take reasonable measures to prevent him from being exposed to harmful quantities of dust and gas in the workplace. Employees prohibited from suing. (iAfrica.com)
Look to past policies to gauge charter's need Mar 1, 2010
Second, where are the human rights abuses in Australia which cannot be remedied by an existing common law remedy. John | Fitzroy - March 01, 2010, 2:09PM. (Sydney Morning Herald -- Opinion)
Student wins Facebook suit against school Feb 27, 2010
I am exceptionally thankful that we are not England and have broken with the common law with the previous motherland. All as for cyber-bullying, it seems another waste of time by legislators as most jurisdictions already have statutes against Terrorist threat or assault. (Atlanta Journal-Constitution -- Opinion)
MD to recognize gay marriage? Feb 26, 2010
He noted that his opinion is "not itself the law of Maryland in the same sense as a statute enacted by the Legislature or court decision elaborating the common law or construing a statute." Rather, it is an interpretation of law intended to guide courts and government agencies, he said. "Thus, what we say in this opinion is a prediction, not a prescription, as to the how the court would approach this issue under current law," Gansler wrote. (CNN)
Who speaks for those who can't? Feb 25, 2010
Currently, state common law forbids the withdrawal of life support without the presence of "clear and convincing evidence" such as a health care proxy, do-not-resucitate order or living will. "Unfortunately, only about 20 percent of people in our state sign health care proxies," said Sen. (Albany Times Union)
NSW ticketing fiasco a winner for lawyers Feb 24, 2010
Although the PTTC did not know about the review when it terminated the contract, it will argue that the review proves ''there were sufficient breaches of contract to entitle it to terminate at common law. The PTTC will argue that ERG knew by October 2007 the conclusions of the engineering executives, including that ''the quality of the system [ERG] had so far developed was poor,'' that ''development work at the onset of the Sydney project caused major defects within the central system'', and... (Sydney Morning Herald -- Business)
House advances Kan. covenant marriage law Feb 22, 2010
Language creating the option was added Thursday to a bill on common law marriage. The House gave the bill first-round approval. (Alva Review Courier, OK)
Supreme Court hears open records case Feb 20, 2010
Attorney General Bruce Salzburg argued Thursday that common law in other states recognizes the privilege. He said the protection fosters frank discussion between agency employees and executives, such as the governor. (Gillette News-Record, WY)
House bill aims to preserve water rights for landowners (272) Feb 16, 2010
In fact, in written testimony to the House Committee on Water May 8, Ganong stated, "No one in this state questions the statutory and common law that the beneficial right to use irrigation water is appurtenant to the land which beneficially applies the water without waste.". His testimony would appear to be in support of the Sept. 6 Oregon attorney general opinion to the Oregon Water Resources Department which quotes Rights to Waters of Silvies River: "This conclusion is in accord with case law... (Klamath Falls Herald & News, OR)
A review of new work standards can help your business Feb 10, 2010
Employers have a mix of AWAs, common law contracts and awards and agreements with staff on myriad different conditions ... First, a thorough analysis needs to be done of all employment agreements, including AWAs, common law contracts, old awards and agreements in your organisation, compared with the new standards and modern awards. (Sydney Morning Herald -- Business)
Judge approves ex-UCLA star Ed O'Bannon's lawsuit against NCAA Feb 9, 2010
A setback for the players was Judge Claudia Wilken's dismissal of common law accounting claims against the NCAA and Collegiate Licensing. She left open the opportunity, however, to amend those claims. (USA Today -- Sports)
Kirby McInerney LLP Wins City of New York and New York Counties' Affirmative Summary Judgment in Medicaid Fraud Case Against 11 Generic Drug Manufacturers: Court Finds That Defendants Knowingly Reported Fictitious List Prices on Which Medic Feb 6, 2010
The ruling also denied defendants' motions for summary judgment against the City of New York and New York Counties on claims for common law fraud and violation of New York General Business Law 349. The suit on behalf of the City and counties is being led by Joanne M. Cicala, a partner at Kirby McInerney, LLP, a law firm with expertise in health care and consumer litigation. (Primezone Releases)
Can Our Education Be Too Eurocentric? Feb 5, 2010
However, if Ghana will succeed, it must teach her young ones about critical ideas like the genius of Financial Accounting, the intricacies of industrialist entrepreneurship, the philosophical foundations of the common law, the historical and intellectual arguments behind liberal democracy etc ... The fact is that, todays world and contemporary Ghanaian society are largely constructed on the platform of elements of European civilization: the English language, the very concept of statehood,... (Ghana Web, Ghana)
Group Works to Reform International Arbitration Process Feb 3, 2010
"No one has liked [litigation] for a long time," says MaryBeth Wilkinson, a partner in the Chicago office of Lovells, "but it's coming to resemble paranoia." This attitude is most commonly directed at the United States and other common law countries where discovery can be especially burdensome. According to Wilkinson, more businesses now seek to "U.S.-proof" their transactions by insisting on international arbitration clauses. (Law.com)
NM bill first step toward carbon storage Feb 1, 2010
Fesmire said he believes common law is clear: surface owners own the rights to the pore space beneath their land. The legislation is aimed at spelling that out to avoid legal challenges. (KGW Northwest NewsChannel 8, OR -- Business)
Williams vs. the water board Jan 28, 2010
Based upon the concept of absolute ownership under English Common Law, the Rule of Capture became the governing law in the state with respect to groundwater in 1904. It's the foundation of Fort Stockton Holdings LP v. the Middle Pecos Groundwater Conservation District. (Fort Stockton Pioneer, TX)
11th Circuit Judges Pounce on Plaintiffs Attorney in Tobacco Case Jan 27, 2010
It ruled that Florida common law would permit common findings to be "retained" in follow-on damage actions. In other words, some of the jury's classwide findings would be given preclusive effect in subsequent individual trials of one-time class members. (Law.com)
1,043 Ways For Government to Enter Your Home Jan 26, 2010
One of the specific protections carried to the United States was the restraint of the executive from entering private property granted by the English common law. This was enshrined in Article Four of the Constitution, thanks to which searches and seizures generally require warrants; as a result, American homes can t be entered without permission or a search warrant. (Human Events Online)
Photographers' terror law protest Jan 24, 2010
"It's a common law right to take pictures in public places and we are here to show that.". The demonstration comes after a year of rising tensions between professional photographers and police over the exact scope of Section 44 of the Terrorism Act 2000. (BBC News -- UK)
PAPER: BRANGELINA SEE TOP DIVORCE LAWYER... Jan 24, 2010
Golden couple Brad Pitt & Angelina Jolie see top divorce lawyer. Golden couple Brad Pitt & Angelina Jolie sign contract to split 205m fortune. (The Drudge Report)
Look to history for lesson on le00004000gal fees Jan 22, 2010
The common law was accessible by every man ... Seventy-five per cent of barristers turned away from the common law to the Court of Chancery, which concentrated on commercial disputes and deceased estates. (Sydney Morning Herald -- Opinion)
Silicon Valley companies get funding source for litigation Jan 20, 2010
The concept isn t new to common law legal systems. Third-party funding has been a part of Australia s class action litigation system for more than 20 years, and recently the practice has found its way into the United Kingdom s legal system. (San Jose Business Journal, CA)
Opinion: South Africa's Zuma a God to Many African Men >> Jan 19, 2010
Death here has the propensity for the sudden release into the light of other common law or customary 'wives' and the slew of children that tend to accompany them, setting the stage for not just pain at the humiliation and the realisation of the lie that is the lawful marriage way, but also for interminably drawn-out legal battles over inheritance and property. Not all Kenyan men are cowardly and deceitful though - and these belong to the camp openly cheering for Zuma. (allAfrica.com)
post yesterday Jan 15, 2010
There's this less elaborate claim in Wikipedia: "By about 1790, [Haiti] had greatly overshadowed [what now is the Dominican Republic] in terms of wealth and population. It quickly became the richest French colony in the New World due to the immense profits from the sugar, coffee and indigo industries. Posted by: at Jan 13, 2010 2:08:18 PM Funny. I googled the exact title of this blog post no more than an hour ago. Posted by: Alex at Jan 13, 2010 2:08:32 PM Re: #2, there is research (Andrei... (Harper's Magazine)
Redknapp charged with tax evasion Jan 15, 2010
" A CPS spokesman told the BBC that, as a common law offence, there is technically no maximum sentence for the charge - meaning that an unlimited fine or prison sentence could be decided at a judge's discretion. Ian Burton, Mr Redknapp's solicitor, said: "Harry has co-operated fully with investigators during the course of this inquiry and is confident of a successful outcome to these court proceedings. " Mr Burton, of law firm BurtonCopeland, added: "The 40,000 figure is our estimate. (BBC News -- Business)
Klass action Jan 12, 2010
But under common law, waving a knife at someone might constitute common assault. Despite what most laymen might assume, you do not need to have touched somebody to be guilty of assault, says Mr Brown. (BBC News -- UK)
to the Jeff Landry for Congress Jan 10, 2010
citizen wrote on Dec 30, 2009 8:05 AM:" Constitutional common law the true law! Not there so called admarality law which YOU need a lawyer to interpert. So who needs to be educated?Educate yourself before spitting in the air fred ". To Fred wrote on Dec 30, 2009 8:02 AM:" Sounds like you are jealous that you are not Tommy Leblanc's son-in-law. Sorry Fred, it wasn't meant to be. Go Jeff Landry. A cajun for Congress. I'm loving it. Go Jeff, go Jeff. ". (New Iberia, LA)
Depositions Taken In Anthrax Case Jan 10, 2010
Both asserted a privilege under the First Amendment and federal common law not to be required to identify confidential sources, Baine said. Newsweek's Washington bureau chief, Dan Klaidman, also has been subpoenaed, but no date has been set for his deposition, Baine said. (Yahoo News -- Biological and Chemical Weapons)
