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3 Mar 2022, 8:52 am
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. (1) The trial court properly denied the defendant’s motion to suppress where officers had reasonable suspicion to search the vehicle involved in an accident to find the identification of the purported driver and developed probable cause to search the defendant’s person and backpack. (2) The trial court’s instructions to the… [read post]
24 Feb 2022, 4:08 pm
Strand 4 involves the creation of new and reformed criminal offences that would apply directly to users, in parallel with the government’s proposals for an online duty of care, the Law Commission has been conducting two projects looking at the criminal law as it affects online and other communications: Modernising Communications Offences (Law Com No 399, 21 July 2021); Hate Crime Laws (LawCom No 402, 7 December 2021). [read post]
23 Feb 2022, 4:08 pm
Strand 4 involves the creation of new and reformed criminal offences that would apply directly to users, in parallel with the government’s proposals for an online duty of care, the Law Commission has been conducting two projects looking at the criminal law as it affects online and other communications: Modernising Communications Offences (Law Com No 399, 21 July 2021); Hate Crime Laws (LawCom No 402, 7 December 2021). [read post]
23 Feb 2022, 4:05 pm
The most heavily debated aspect of the government’s proposals has been, Strand 2, the ‘legal but harmful content’ duty. [read post]
22 Feb 2022, 4:51 pm
It is time – in fact it is overdue – to take stock of the increasingly imminent Online Safety Bill. [read post]
24 Jan 2022, 6:04 pm
It can also be understood as shared perceptions of the meaning of reality backed by massive background consensus (Jürgen Habermas, Between Facts and Norms (William Rehg (trans) MIT Press, 1996); pp. 22, 322); or as biopolitics (the narratives through which social and political power may be normalized over the control and management of the bodies of the living and their relationship to physical and abstract objects and the technologies of control) (Michel Foucault, The Birth of Biopolitics:… [read post]
21 Jan 2022, 3:00 am
National/Federal DirecTV Says It Will Sever Ties with Far-Right Network One America News MSN – Timothy Bella (Washington Post) | Published: 1/15/2022 DirecTV announced it will sever ties with One America News (OAN) after this year, pulling the conservative news channel from millions of homes. [read post]
29 Dec 2021, 12:00 pm
As long-time readers of this blog know, one of the long-range concerns in the D&O insurance industry is the possible exposures of corporate directors and officers to liability claims arising from climate change (as discussed most recently here). [read post]
27 Dec 2021, 7:04 am
Smith, No. 39 EAP 2019 (Pa. [read post]
2 Dec 2021, 2:55 am
Key Findings: Excessive tax rates on cigarettes in some states induce substantial black and gray market movement of tobacco products into high-tax states from low-tax states or foreign sources. [read post]
28 Nov 2021, 4:34 pm
Internet and Social Media Graham Smith has an article on the Law Commission’s proposals to reform communications offences by replacing s.127 Communications Act 2003 and the Malicious Communications Act 1988. [read post]
9 Nov 2021, 4:40 pm
This is Part 2 of a two part post dealing with a concrete example of the way in which the Online Safety Bill is should operate. [read post]
8 Nov 2021, 4:39 pm
1. [read post]
7 Nov 2021, 4:41 pm
Graham Smith attempts to put what he considers to be a detrimentally-abstract draft Online Safety Bill onto more concrete footing on the Cyberleagle blog, with a hypothetical scenario involving an amateur blogger. [read post]
2 Nov 2021, 5:23 pm
One of the more intriguing aspects of the draft Online Safety Bill is the government’s insistence that the safety duties under the draft Bill are not about individual items of content, but about having appropriate systems and processes in place; and that this is protective of freedom of expression. [read post]
2 Nov 2021, 12:16 pm
Graham, ___ N.C. ___, 2021-NCSC-125 (Oct. 29, 2021). [read post]
17 Oct 2021, 8:19 am
Davidoff StevenDavidoff Berkeley Máiréad Enright marieadenright Birmingham (UK) Law & Religion Feminism Citizenship Rosa Freedman GoonerDr Birmingham (UK) Graham Gee GDSGee Birmingham (UK) Steven Vaughan lawvaughan Birmingham (UK) Sarah Lucy Cooper SarahLucyCoope1 Birmingham City (UK) Kent Greenfield Kentgreenfield1 Boston College Hiba Hafiz… [read post]
14 Oct 2021, 11:08 am
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
13 Oct 2021, 9:08 am
Graham Co. v. [read post]
13 Oct 2021, 9:08 am
Graham Co. v. [read post]