: Abstract This Article explores Founding-era views about the grounding of constitutional rights and how those rights obtained determinate legal content. Today, we typically view... The post Determining Rights appeared first on Harvard Law Review
: Today, it seems obvious that criminal defendants can waive constitutional rights. Plea bargains make up the vast majority of criminal convictions, and defendants routinely trade their rights — to indictment, to remain silent, to an attorney, to a jury — in exchange for a faster trial or a lesser charge. The modern criminal legal system is a regime of negotiated justice. Rights used to have more force. The post The First Criminal Procedure Revolution appeared first on Harvard Law Review
: “[W]here there is a legal right, there is also a legal remedy . . . .” Although Blackstone’s maxim has led to efforts to redress constitutional violations, courts... The post Fulton v. Fulton County Board of Commissioners appeared first on Harvard Law Review
: The Framework Convention on AI builds on international human rights law to establish a legal instrument aimed at ensuring respect for fundamental rights and principles recognised by States in the context of the development and use of AI. It is therefore in line with international and European ethical frameworks on AI. At the same time, it is a unique text, the first multilateral treaty applicable to activities within the AI lifecycle. This raises questions about its contribution to the contemporary co-construction of global AI governance. To this end, this contribution offers a systematic and contextual legal analysis of the main provisions of the text, examining first the holistic scope of the Framework Convention on AI and secondly its high-level normative substance. The analysis shows that the Convention is the result of a global political compromise, which makes it a text with modest and uncertain legal scope, especially with regard to persons affected by AI. At the same time, the legal methodology it ad[...]
: EU restrictive measures, or EU sanctions, are essential tools in the EU's foreign policy arsenal, designed to promote peace, security, and human rights. However, these measures can significantly impact individuals, law firms, sanctioned banks, and businesses listed under these sanctions. Discover how EU sanctions work, the legal recourses available to those affected, and the crucial role banks play in compliance. Read on to understand the complexities of EU restrictive measures and how to navigate them effectively. The post Understanding EU Restrictive Measures: Rights, Recourses, and Banking Obligations appeared first on Droit bancaire et financier en Belgique
: EU restrictive measures, or EU sanctions, are essential tools in the EU's foreign policy arsenal, designed to promote peace, security, and human rights. However, these measures can significantly impact individuals, law firms, sanctioned banks, and businesses listed under these sanctions. Discover how EU sanctions work, the legal recourses available to those affected, and the crucial role banks play in compliance. Read on to understand the complexities of EU restrictive measures and how to navigate them effectively. The post Understanding EU Restrictive Measures: Rights, Recourses, and Banking Obligations appeared first on Droit bancaire et financier en Belgique
: EU restrictive measures, or EU sanctions, are essential tools in the EU's foreign policy arsenal, designed to promote peace, security, and human rights. However, these measures can significantly impact individuals, law firms, sanctioned banks, and businesses listed under these sanctions. Discover how EU sanctions work, the legal recourses available to those affected, and the crucial role banks play in compliance. Read on to understand the complexities of EU restrictive measures and how to navigate them effectively. The post Understanding EU Restrictive Measures: Rights, Recourses, and Banking Obligations appeared first on Banking and Finance law in Belgium
: The present paper aims to investigate the new project of accession to the European Convention of Human Rights. Interest is the individual appeal at the European Court of Human Rights and the autonomy of the law of the European Union. It is worth paying attention first of all to the aspects of the accession of the Union to the ECHR, as well as to the adaptation of the individual appeal procedure before the ECtHR. This is a discipline that aims to ensure the integration of the law of the European Union as well as to achieve the accession that leads to the effective strengthening of the protection of individual rights within the legal order of the Union. Also important is the aspect that reflects (and cannot be preliminary) the potential and limits the individual appeal procedure to a new draft agreement within the perspective of the autonomy of the law of the Union through the rank of constitutional
: Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Canadian occupational health & safety law 2. Employment & Human Rights Law in Canada 3. Legal Post Blog 4. Know How 5. ABlawg.ca Canadian occupational health & safety law Do you know what you don’t know? Workplace hazard disclosure and the limits of owner liability under the . . . [more] The post Monday’s Mix appeared first on Slaw
: For Professor Seánna Howard , Director of the International Human Rights Advocacy Workshop, international legal research begins with a simple but important recognition: the most valuable sources are not always the most familiar ones. Her research has taken her to Tucson, where she joined the renowned Indigenous Peoples Law and Policy (IPLP) Program at the University of Arizona College of Law. Along the way, she has worked as an advocate, lawyer, researcher, independent expert, and educator on issues involving Indigenous Peoples, international human rights law, and social justice. Her work also reflects the importance of developing research strategies for areas . . . [more] The post Researching Beyond the Familiar: An Interview With Professor Seánna Howard appeared first on Slaw
: This article explores the tension between the legal status of animals as property and their growing recognition as sentient beings. It traces the evolution of legal and ethical thinking on animal issues, distinguishing between two waves of thought: the first, based on individual rights and liberal rationality, and the second, more inclusive and critical, incorporating feminist, ecologist and post-colonial approaches. The article proposes several avenues for reform, ranging from the recognition of animal legal personality to the creation of specific legal categories, but highlights the limits of these overly theoretical approaches. In practice, progress is best achieved through concrete legislative reforms (such as the French laws of 2021 or the Italian constitutional reform of 2022) and strategic litigation, aimed at enforcing or interpreting existing laws in favor of animals. In short, the article argues for a more pragmatic and coherent approach to animal protection, while calling for a move beyond traditi[...]
: This work is aimed at initiating of discussion and developing a general theory of privacy law. The author suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal relationship will take its own direction and will form an object in a unique way. The method used in this work is classification of legal relationships using the bases adopted from theory of civil law. The work identifies at least nine types of privacy legal relationships, interpret them, shows them as a correlated system, highlights the patterns of their existence and draws parallels between some institutions of civil law and privacy law. Also, the concept of legal relationships discovers many mysteries of theory privacy law and teaches us what is the object of subjective privacy right, what subjective obligations actually has a data controller an[...]
: Over the past few years, I’ve delivered presentations to legal groups and member organizations focussed on “Journey Mapping”. [1] Journey Mapping is the visual representation of an individual’s journey through a process that happens over time. It is a collection of touchpoints from the beginning to the end looking at the individual’s experience, the stages in a process, the actors and emotions. It sounds like a simple concept, right? But, what is most complex is trying to explain the value of Journey Mapping in the law, because there is exceptional value, and you only have to see it to see . . . [more] The post A Victim’s Criminal Justice Journey: The Value of Visual Mapping appeared first on Slaw
: The French regulatory authority for audiovisual and digital communication, Having regard to the French intellectual property code , in particular article L. 331-12 ; Having regard to the French Sports Code , in particular article L.333-10 ; After due deliberation, Adopts the following notice: The year 2025 marked a turning point in the fight against sports broadcasting piracy, with increased involvement of various types of intermediaries, under the impetus of sports rights holders, as part of the dynamic injunctions issued under article L. 333-10 of the French Sports Code . In addition to the legal actions involving Internet Service Providers (ISPs), which have been fully integrated into the scheme since 2022, and in order to strengthen the effectiveness of the blocking measures implemented, rights holders have extended their legal actions, from 2023, to search engine operators, who play a key role as central players in the diffusion of information on the internet and in directing users to sports-related con[...]
: From time to time, this blog will highlight initiatives, ideas, or activities coming from members, committees or special interest groups (SIGs). Today: Adapting the SALI Taxonomy to the Canadian Legal Environment , b y Michael McAlpine , Manager, Information, Research & Knowledge at Siskinds (London, Ontario) On September 28 th , the Knowledge Management Special Interest Group of CALL met to discuss and learn about the Legal Matter Specification Standard developed by the SALI Alliance . The SALI Alliance (Standards Advancement for the Legal Industry) is a non-profit organization open to all stakeholders in the legal community. Members include law firms, companies, legal service providers, legal industry associations and academic institutions. Founding sponsors are the Legal Marketing Association (LMA) and the Association of Legal Administrators (ALA). Guest speaker Jim Hannigan spoke about the history of the taxonomy and the current uses of it in the legal industry. Michael McAlpine then discussed the work d[...]
: Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by inte[...]
: Brussels, 09 October - The European Data Protection Board (EDPB) and the European Commission endorsed joint guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR) . These are the first joint guidelines by the Board and the European Commission. In line with its 2024-2027 Strategy and the recent Helsinki Statement’s objectives to make GDPR compliance easier and strengthen consistency, the EDPB has cooperated with the European Commission, each within their respective mandates, to facilitate the coherent application of the DMA*and GDPR and to increase legal certainty for gatekeepers, business users, beneficiaries and individuals. EDPB Chair Anu Talus said: “These joint guidelines are the result of a fruitful cooperation between the EDPB and the European Commission. This is the first time that the EDPB and the European Commission prepare guidelines jointly. This approach maximises usefulness of the guidance by simplifying compliance for businesses and[...]
: Brussels, 28 November - The EDPB launched a call for expression of interest to establish a new reserve list for the Support Pool of Experts (SPE) programme . The objective is set up a reserve list of legal and technical experts. The legal expertise sought includes a wide range of fields, such as data protection, policy monitoring, technology, cybersecurity, competition, healthcare, online intermediary services and content moderation . As for the technical expertise , the relevant areas include IT auditing, website security, mobile OS and apps, Internet of Things, cloud-computing, behavioural advertising, anonymisation techniques, cryptology, artificial intelligence, User experience (UX) design, fintech , data science, social science (incl. economics, sociology, psychology), and development of applications and software . Bring your expertise to the table Don’t miss this opportunity to participate in this EDPB’s key strategic initiative. Your work will help Data Protection Authorities (DPAs) across Europe incr[...]
: Alexandra Farolan, Library Assistant | Courthouse Libraries BC 1. Tell us a little about your educational background and how you entered the legal information industry. I am currently a Library Information and Technology Diploma student at Langara College. Prior to this, I worked on two certificate programs through the British Columbia Institute of Technology (Office Administrator with Technology and Medical Office Assisting). I worked as a registration and health records clerk for a few years in the hospitals. Managing patient records introduced me to the processes of information preservation and confidentiality which in turn piqued my interest in legislation pertaining to freedom of information. I've also had some personal experiences which have lead to my overall interest in examining opportunities in the legal industry. I generally find knowing more about my rights is empowering and being surrounded professionally in an industry that serves those who advocate and rally for rights is something I [...]
: dc.contributor.author: Polo-Bergeron, Pierre dc.date.issued: 2026-10 dc.description.abstract: Ce mémoire propose une analyse critique du droit international de l’eau et de son application concrète, en particulier dans le bassin du Nil. La première partie examine l’architecture juridique internationale relative aux eaux transfrontalières, en détaillant ses fondements coutumiers et conventionnels ainsi que ses obligations procédurales et substantielles, et en évaluant son intégration des droits humains. La seconde partie analyse l’exemple égyptien comme vitrine des défis contemporains : elle met en lumière la tension entre la souveraineté étatique, la coopération régionale, la sécurité hydrique, le changement climatique et les crises humanitaires. L’étude conclut que si le droit international de l’eau constitue une base normative solide, sa mise en oeuvre reste tributaire de la volonté politique des États et de la création de mécanismes conjoints, qui seuls permettent une coopération effective et durable dans [...]
: FTC settlement challenges deceptive claims by patent assertion entity wfg-adm109 November 6, 2014 | 11:07AM FTC settlement challenges deceptive claims by patent assertion entity By Lesley Fair Patent assertion entities have been the subject of much debate in antitrust and intellectual property circles. But there’s one proposition we hope that parties on all sides of the issue can agree on: It’s illegal to falsely threaten patent suits against small businesses or make unfounded claims that other companies have paid for patent licenses. That’s the misconduct alleged in a settlement the FTC just announced with patent assertion entity MPHJ Technology Investments, LLC, MPHJ corporate officer Jay Mac Rust, and Texas-based law firm Farney Daniels, P.C. Generally speaking, patent assertion entities are companies that acquire patent rights and then seek licensing fees from businesses they claim are infringing their patents. The FTC’s action centers on representations that MPHJ made while asserting patents that relate[...]
: Hannah Steeves, the Instruction & Reference Librarian at the Sir James Dunn Law Library, Dalhousie University (Halifax), recently wrote an article on "Using Vinyl & Spotify to Understand Legal Information Online" . It originally appeared on Slaw.ca on February 15, 2022 . Most legal research is done online through a combination of open and subscription databases. Legal information is available at our fingertips through Justice Laws, LEGISinfo, CanLII, Westlaw, Lexis, ProView, SOQUIJ, [insert your preferred database here], and the list goes on. The availability of electronic resources has radically changed—and will continue to change—the way legal professionals conduct research. However, despite my enthusiasm for the improved accessibility and retrievability, I think the lack of engagement that new legal researchers have with print resources creates comprehension issues. The disconnect between a source’s print and electronic formats reduces their understanding of the process used to create the document. Unders[...]
: Brussels, 16 April – During its latest plenary, the EDPB has adopted Guidelines on processing of personal data for scientific research purposes . In addition, the Board has created a team to speed up the finalisation of the guidelines on anonymisation. The EDPB has also adopted two opinions on the two sets of the Europrivacy certification criteria for approval as European Data Protection Seals, one of which to be used as a tool for transfers. Many areas of scientific research rely on the processing of individuals’ personal data, and this has driven significant scientific breakthroughs that benefit society. The rise of new technologies, such as artificial intelligence, also contributes to scientific progress by enabling researchers to use and analyse data in innovative ways. The main objective of the EDPB guidelines on scientific research is to provide more clarity for researchers and make GDPR compliance easier , while ensuring the protection of individuals’ fundamental rights . “Scientific research can driv[...]
: September 30 has been a significant date in Canada since 2013, when Phyllis Webstad from the Stswecem’c Xgat’tem First Nation shared her story of attending St. Joseph’s Residential School in Williams Lake, BC, for the first time in 1973. As a youngster , she proudly wore her shiny new orange shirt, only to have it taken from her by the school. Since then, Orange Shirt Day has been a national movement in Canada where people across the country wear orange in honour of Phyllis and other residential school survivors, so that we both recognize and raise awareness of the history and legacies of the Canadian residential school system. This year’s Orange Shirt Day, September 30, 2021, is also the inaugural National Day for Truth and Reconciliation in Canada. As part of its mandate, the Diversity, Inclusion, and Decolonization Committee (DIDC) of CALL/ACBD is committed to fostering awareness and acumen in respect of issues of diversity, inclusion, and decolonization within all sectors of law librarianship and related[...]
: CALL member Erica Friesen, Research and Instruction Librarian & Online Learning Specialist at the Lederman Law Library at Queen's University in Kingston, Ontario recently wrote an article on " Thoughts on the New Lexis+ Brief Analysis Tool: For Law Students and Novice Researchers ". It originally appeared on Slaw.ca on September 28, 2022. It is republished here with permission of the author. New academic year; new legal research tools. Something new always comes out right as another cohort of students is gearing up to begin their law degree. And, as with many new product launches these days, “artificial intelligence” is often a prominently displayed term with accompanying materials. As legal publishers continue to launch AI-driven research tools in Canada, what do students and other novice researchers need to know to be prepared for their first forays into legal research? Lexis recently launched the latest version of their legal research platform, Lexis+ Canada, for Canadian law schools. It features signific[...]
: Brussels, 18 December - The European Data Protection Board (EDPB) has adopted an opinion* on the use of personal data for the development and deployment of AI models . This opinion looks at 1) when and how AI models can be considered anonymous, 2) whether and how legitimate interest can be used as a legal basis for developing or using AI models, and 3) what happens if an AI model is developed using personal data that was processed unlawfully. It also considers the use of first and third party data. The opinion was requested by the Irish Data Protection Authority (DPA) with a view to seeking Europe-wide regulatory harmonisation. To gather input for this opinion, which deals with fast-moving technologies that have an important impact on society, the EDPB organised a stakeholders’ event and had an exchange with the EU AI Office. EDPB Chair Talus said: “AI technologies may bring many opportunities and benefits to different industries and areas of life. We need to ensure these innovations are done ethically, safe[...]
: Brussels, 09 April - The European Data Protection Board (EDPB) has published its 2025 Annual Report . The report provides an overview of the EDPB work carried out in 2025 and reflects on important milestones, such as the adoption of the Helsinki Statement on Enhanced Clarity, Support, and Engagement . “In 2025, we saw the data protection landscape change significantly. The rapid expansion of the EU’s digital regulatory framework has added complexity to the data protection ecosystem. To help organisations navigate this complexity and support compliance, the EDPB focused on enhancing legal certainty, making compliance more achievable in practice, and strengthening cooperation, both among Data Protection Authorities and with other regulators. We also prioritised meaningful dialogue with stakeholders to ensure our work reflected real-world needs. Our achievements support economic growth while continuing to protect individuals’ fundamental rights to privacy and data protection.” EDPB Chair, Anu Talus The Hel[...]
: Brussels, 06 May - During its latest plenary, the European Data Protection Board (EDPB) adopted an opinion on the European Commission’s draft adequacy decision under the GDPR concerning the European Patent Organisation (EPO) . In addition, the Board adopted an opinion on the European Commission’s proposal to extend the validity of the UK adequacy decisions under the GDPR and the Law Enforcement Directive (LED) . Finally, the EDPB agreed to grant the status of observer to the Personal Data Protection Agency of Bosnia and Herzegovina. Adequate protection of personal data by the EPO At the European Commission’s request, the Board adopted an opinion on the Commission’s draft adequacy decision regarding the European Patent Organisation (EPO). Once formally adopted by the Commission, this will be the first adequacy decision concerning an international organisation and not a country or a region. An adequacy decision is a key-mechanism in EU data protection legislation which allows the European Commission to deter[...]
: BEREC Provides Early Assessment of the Digital Networks Act, Welcoming Ambition While Highlighting Areas for Improvement yannick.stephan Mon, 30/03/2026 - 12:57 Press Releases The Body of European Regulators for Electronic Communications (BEREC) today published its early assessment of the European Commission’s proposal for a Digital Networks Act (DNA). BEREC welcomes the overarching ambition to modernise the regulatory framework for Europe’s connectivity sector and to support resilient, sustainable and high quality digital networks. At the same time, BEREC identifies important areas where further refinement is needed to ensure that the DNA strengthens, rather than complicates, Europe’s internal market for electronic communications. BEREC stands ready to provide its regulatory expertise in order to avoid undue complexity or uncertainty and to ensure that the final framework delivers a competitive, connected and resilient digital Europe. BEREC welcomes the updated objectives introduced by the DNA , including r[...]
: Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document lfair May 23, 2023 | 6:41PM Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document By Lesley Fair Love at first sight may (or may not) be a real thing, but when it comes to investing your money, it’s unwise to fall for a franchise without first subjecting it to tough-minded scrutiny. The third in the FTC’s Franchise Fundamentals blog series walks through an essential part of that evaluation: an in-depth review of the Financial Disclosure Document (FDD) required by the FTC’s Franchise Rule . You must receive the Franchise Disclosure Document at least 14 days before you’re asked to sign any contract or pay any money to the franchisor or one of its affiliates. In fact, you have the right to the FDD once the franchisor has received your application and agrees to consider it. So speak up if you don’t receive it and ask questions – lots of them – as you review the FDD and any attached documents. Image Ind[...]
: We can’t go for that (no can do) lfair July 17, 2017 | 11:38AM We can’t go for that (no can do) By Lesley Fair Of course, phantom debt collection – the practice of pressuring people to pay “debts” they don’t owe – harms consumers. But as an FTC complaint demonstrates, when phantom debt collectors strike, they could affect your company, too. According to the FTC , a Florida-based outfit engaged in a scheme to defraud consumers through the collection of debts people didn’t actually owe or the company didn’t have the authority to collect. The complaint charges that the defendants – Hardco Holding Group, S & H Financial Group, Dequan M. Sicard, and Daryl M. Hall (no, not that Daryl Hall) – violated the FTC Act and Fair Debt Collection Practices Act. When contacting consumers, in many instances the defendants allegedly impersonated attorneys and threatened to have people thrown in jail if they didn’t pay up on delinquent payday loans – loans, remember, that many consumers didn’t take out in the first place and de[...]
: Le texte français suit. Dear CALLeagues, It was wonderful seeing over 160 of you in Moncton last month for a fantastic conference! I am still thinking about some of the sessions, from Dean Michael Marin's keynote on embedded librarianship and the role that law librarians have in legal education and practice, to sessions on generative AI use in law faculties and law firms, negotiating vendor contracts, and more. A huge thank you to co-chairs Michèle Leblanc and Laura Corscadden and the entire conference planning committee for all of their hard work. We have received wonderful feedback already, though a formal survey will be sent out in the coming weeks. Please do look out for that. As I settle into the president's role, I want to thank Jason Wong for an outstanding year at the helm. Jason's focus on community building and financial sustainability moved us forward in real, tangible ways, and his commitment to inclusion set a standard I hope to maintain. Thank you also to Mary-Jo Petsche for her four years on t[...]
: Claim number: M00LU691 In the County Court at Luton Luton Justice Centre 5 June 2026 Before: His Honour Judge Davies Between: Luton community housing limited (“squared”) -v- 1. Christopher Earl 2. David Earl 3. Charlotte Earl 4. Roger Litchfield MR VAUGHAN appeared on behalf of the Claimant THE FOURTH DEFENDANT appeared In Person (part) NO APPEARANCE by or on behalf of all other Defendants Judgement (approved) This Transcript is Crown Copyright. It may not be reproduced in whole or in part, other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved. WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript [...]
: UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan admin lun 13/09/2021 - 16:45 On 20 July 2021, the French Gambling Authority (ANJ) gathered sports betting’s operators in order to make the overview of the European Football Championship that has been scarred by some abuses. Resulting from a constructive exchange, these operators have agreed on the necessity to proceed at a rebalancing of their practices in order to preserve the recreational model of the French gambling market. As such, the ANJ introduced an action plan that seeks to reinforce operators’ compliance, to adapt and complete existing tools and, where required, to use sanctioning procedures. English Questionable practices highlighted during the European Football Championship UEFA European Football Championship 2021 confirmed the growing place of sports bets in France with EUR 434 million of online stakes. The French team matches have arou[...]