Events in November 2011 and After

This is the listing of forthcoming events from November 2011 on. For the live listing, see www.irishlaw.org/events/.

Tue. 8 Nov. 2011:
Juvenile Justice 2001-2011: Criminal and Welfare Concerns - Dublin
http://www.acjrd.ie/contents/133

Wed. 9 Nov. 2011:
Company Charges and Financial Assistance: The Significance of Planned Reforms in Law and Practice - Irish Corporate Law Forum Seminar, Dublin
http://www.iclf.ie/

Fri. 11 Nov. 2011:
Political Commitment, Practical Protection: Using the ECHR North and South - Dublin
http://www.pila.ie/events/2011/11/11/pila-pils-conference/

Fri.11 Nov. 2011:
Chartered Institute of Arbitrators International Young Members Group Conference, Law Library, Distillery Building, Dublin 7
http://www.arbitration.ie/

Fri. 11 Nov. 2011:
Extradition: The European Arrest Warrant and Fundamental Rights - Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Fri.-Sun.11-13 Nov. 2011:
Family Lawyers Conference - Belfast
http://www.familylawyers.ie/

Sat.12 Nov. 2011:
UCD Lawyers and Public Life: 100 Years of Activism and Influence - School of Law, UCD, Conference - Newman House, St. Stephen's Green, Dublin 2
http://www.ucd.ie/law/events/title,100574,en.html

Sat. 12 Nov. 2011:
Litigation Against Post-Primary Schools: All the Recent Decisions - School of Law, Trinity College Dublin, Conference
http://www.tcd.ie/Law/events/

Sat.12 Nov. 2011:
Employment Law and Mental Health - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=147

Wed.16 Nov. 2011:
Casement’s speech from the dock and the archive of inhumanity - Dublin
http://www.lawsociety.ie/Pages/Events/25th-Hugh-M-Fitzpatrick-Lecture/

Thu.17 Nov. 2011:
Law on...Risk - Risk assessment in the criminal process in the context of mentally disordered offenders, persons seeking parole and temporary release - Dublin City University
http://dcu.ie/socio-legal/news/article/law-on-risk-seminar

18-20 Nov. 2011:
Annual Conference of Irish Association of Law Teachers, Athlone
http://www.ialt.ie/event/ialt-annual-conference-2011

Fri.18 Nov. 2011:
Reflections on the role of European Union law through the financial and economic crisis - Irish Society for European Law (ISEL) and the United Kingdom Association for European Law (UKAEL), Dublin
http://www.isel.ie/

Fri. 18 Nov. 2011:
"Unimaginable Atrocities": International criminal tribunals, politics and human rights - Dublin
http://www.ucd.ie/law/events/

Sat. 19 Nov. 2011:
Genetic Discrimination – Transatlantic Perspectives on the Case for a European Level Legal Response - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=139

Sat. 19 Nov. 2011:
Criminal Law Update - School of Law, Trinity College Dublin, Conference
http://www.tcd.ie/Law/events/

Sat. 19 Nov. 2011:
Integrating a Socio-Legal Approach to Evidence in International Criminal Tribunals - University College Dublin
http://www.ucd.ie/law/events/

Tue. 22 Nov. 2011:
Debt Collection and Enforcement of Judgments - Dublin Solicitors Bar Association
http://www.dsba.ie/legal_resources/seminars.683.seminars.html

Thu.24 Nov. 2011:
The Autonomous Concept of 'Family' in the Jurisprudence of the European Court of Human Rights - Irish Society for European Law, Dublin
http://www.lawsociety.ie/Pages/Events/9th-Annual-Brian-Walsh-Memorial-Lecture/

Fri.25 Nov. 2011:
Enforcing European Union Environmental Law - Faculty of Law, University College Cork
http://www.ucc.ie/en/lawsite/eventsandnews/Conferences/EnforcingEuropeanUnionEnvironmentalLaw/

Fri. 25 Nov. 2011:
Competition in Energy and Regulated Markets - Irish Centre for European Law, Dublin
http://www.icel.ie/events_currentprogramme.php

Sat. 26 Nov. 2011:
Tort Litigation 2011: All the Recent Developments - School of Law, Trinity College Dublin
http://www.tcd.ie/Law/events/

Sat. 26 Nov. 2011:
IWLA Seminar on the Legal Services Bill - Dublin
http://www.iwla.ie/

Tue. 29 Nov. 2011:
Enduring Powers of Attorney - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Thu. 1 December 2011:
Access to Justice - FLAC Lecture by Baroness Nuala O'Loan - Dublin
http://www.flac.ie/news/events.html

Fri. 9 December 2011:
Conference on EU Migration Law - Irish Centre for European Law / Academy of European Law, Dublin
http://www.icel.ie/events_currentprogramme.php

Thu.-Fri. 12-13 January 2012:
SLSA Postgraduate Conference 2012 - Belfast
http://www.slsa.ac.uk/content/view/169/144/

Fri.-Sat. 2-3 March 2012:
Irish Society of Comparative Law Annual Conference - University College Cork
http://irishsocietyofcomparativelaw.blogspot.com/

Fri.23 March 2012:
Irish European Law Forum / The Enforcement of Competition Law - University College Dublin
http://www.ucd.ie/law/events/

Tue.-Thu. 3-5 April 2012:
Socio-Legal Studies Association conference, De Montfort University, Leicester, UK
http://www.dmu.ac.uk/faculties/business_and_law/conferences/slsa/

Fri.-Sat.20-21 April 2012:
Contemporary Housing Issues in a Changing Europe - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=135

Thu. 10 May 2012:
John M Kelly Memorial Lecture: Appraising the EU experiment after 60 years - University College Dublin
http://www.ucd.ie/law/events/

Travellers - Clare, Equal Status Act

In 2008 I blogged about a complex case in County Clare concerning travellers bringing claims under the Equal Status Act 2000.


Thanks to Stare Decisis Hibernia, I see that High Court judgment was issued in July - Clare County Council v Director of Equality Investigations [2011] IEHC 303.
 
The Council made various complaints about ongoing Equality Tribunal hearings, e.g. that the claim forms submitted were not adequately completed. Hedigan J. refused various orders sought by the Council and allowed the hearings to proceed. Hedigan J. stated: "In establishing the Equality Tribunal, the Oireachtas did not intend to create a complex system of adversarial decision-making. The procedures before the respondents are not to have the formality of a court case."


Hedigan J. appeared to approve of the call-over system which was used to establish which claimants wished to proceed with their cases. He also emphasised that the claimants were entitled to be respresented by a non-lawyer (Ms Heather Rosen) and that "allowances must be made for the fact that lay persons and representatives do not articulate complaints in the same way as professionally qualified advocates".
 

Events in October 2011 and after

This is the listing of forthcoming events from October 2011 on.


For the live listing, see www.irishlaw.org/events/.

Thu. 6 Oct. 2011: 
E-Discovery Ireland 2011 - Dublin 
http://www.ediscovery.ie/

11-15 Oct.2011: 
ABA Section of International Law 2011 Fall Meeting - Dublin  
http://bit.ly/aba-dub-2011

Tue. 11 Oct. 2011:
Alternatives to Litigation in a Civil Society - School of Law, Trinity College Dublin, International Centre for Dispute Resolution and American Arbitration Association  
http://www.tcd.ie/law/events

Wed.12 Oct. 2011:  
A comparison of sanction regimes in Ireland, the United States and Canada - ISEL Competition Law Forum, Dublin   
http://www.isel.ie/ 

Thu. 13 Oct. 2011:  
Annual Property Law Conference - Law Society, Dublin  
http://www.lawsociety.ie/LSPT/

Fri.14 Oct. 2011:  
Mental Health in the Criminal Justice System: The deliverables of the Department of Health’s ‘Vision for Change’ - ACJRD, Dublin  
http://www.acjrd.ie/contents/109

Fri.14 Oct. 2011:  
Current Developments in Public Procurement Law - ICEL - Belfast   
http://www.icel.ie/ 

Wed. 19 Oct. 2011:  
The Law and People with an Intellectual Disability - Dublin  
http://www.inclusionireland.ie/LawConference.asp

Thu. 20 Oct. 2011:  
Cohabitation and Civil Partnership: The New Law in Practice - Faculty of Law, University College Cork  
http://www.ucc.ie/en/lawsite/eventsandnews/events/ 

Fri. 21 Oct. 2011:  
European Union Law in Practice - Faculty of Law, University College Cork   
http://www.ucc.ie/en/lawsite/eventsandnews/Conferences/  

Sat. 22 Oct. 2011:  
Ireland's Human Rights Record Under the Spotlight: The Implications of the United Nations Universal Periodic Review - Dublin   
http://www.lawsociety.ie/Pages/Events/9th-Annual-Human-Rights-Conference/   

Thu. 3 Nov. 2011:  
Union Citizenship in Practice: Its scope of application, its impact on Residence Rights, Social Security entitlements and Immigration Procedures - ICEL, Dublin 
http://www.icel.ie/ 

Thu. 3 Nov. 2011:
Annual Contract Law Update - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Sat. 5 Nov. 2011: 
Insolvency Law and Practice in the 21st Century: Irish and International Experience - University of Limerick
http://www.ucc.ie/law/irishlaw/events/Insolvency-UL-05nov2011.pdf

Tue. 8 Nov. 2011: 
Juvenile Justice 2001-2011: Criminal & Welfare Concerns - Dublin
http://www.acjrd.ie/contents/133

Wed. 9 Nov. 2011:  
Company Charges and Financial Assistance: The Significance of Planned Reforms in Law and Practice - Irish Corporate Law Forum Seminar, Dublin
http://www.iclf.ie/

Fri. 11 Nov. 2011:
Political Commitment, Practical Protection: Using the ECHR North and South - Dublin
http://www.pila.ie/events/2011/11/11/pila-pils-conference/

18-20 Nov. 2011: 
Annual Conference of Irish Association of Law Teachers, Athlone
http://www.ialt.ie/event/ialt-annual-conference-2011

Fri.18 Nov. 2011: 
Reflections on the role of European Union law through the financial and economic crisis - Irish Society for European Law (ISEL) and the United Kingdom Association for European Law (UKAEL), Dublin 
http://www.isel.ie/ 

Sat. 19 Nov. 2011: 
Genetic Discrimination – Transatlantic Perspectives on the Case for a European Level Legal Response - NUI Galway 
http://www.conference.ie/Conferences/index.asp?Conference=139

Tue. 29 Nov. 2011: 
Enduring Powers of Attorney - Law Society, Dublin 
http://www.lawsociety.ie/LSPT/

Events in September 2011 and after

This is the listing of forthcoming events from September 2011 on.
For the live listing, see www.irishlaw.org/events/.

Fri. 16 Sep. 2011:
Irish Penal Reform Trust Annual Lecture - Minister Alan Shatter - Dublin
www.iprt.ie/contents/2173

Fri.-Sat. 16-17 Sept. 2011:
Law, State and Religion: An Interdisciplinary Conference in Honour of Dr Shirin Ebadi, UCD, Dublin
www.lawstatereligion.com/

Fri.23 Sept. 2011:
Employment Law Update 2011 - Law Society, Dublin
www.lawsociety.ie/LSPT/

11-15 Oct.2011:
ABA Section of International Law 2011 Fall Meeting - Dublin
http://bit.ly/aba-dub-2011

Tue. 11 Oct. 2011:
Alternatives to Litigation in a Civil Society - School of Law, Trinity College Dublin, International Centre for Dispute Resolution and American Arbitration Association
www.tcd.ie/law/events

Thu. 13 Oct. 2011:
Annual Property Law Conference - Law Society, Dublin
www.lawsociety.ie/LSPT/

Fri.14 Oct. 2011:
Mental Health in the Criminal Justice System: The deliverables of the Department of Health’s ‘Vision for Change’ - ACJRD, Dublin
www.acjrd.ie/contents/109 

Wed. 19 Oct. 2011:
The Law and People with an Intellectual Disability - Dublin
www.inclusionireland.ie/LawConference.asp

Sat. 22 Oct. 2011:
Ireland's Human Rights Record Under the Spotlight: The Implications of the United Nations Universal Periodic Review - Dublin
http://bit.ly/hum-rts-22oct11

Thu. 3 Nov. 2011:
Annual Contract Law Update - Law Society, Dublin
www.lawsociety.ie/LSPT/

Tue. 8 Nov. 2011:
Juvenile Justice 2001-2011: Criminal and Welfare Concerns - Dublin
www.acjrd.ie/contents/133

Fri. 11 Nov. 2011:
Political Commitment, Practical Protection: Using the ECHR North and South - Dublin
www.pila.ie/events/2011/11/11/pila-pils-conference/

18-20 Nov. 2011:
Annual Conference of Irish Association of Law Teachers, Athlone
www.ialt.ie/event/ialt-annual-conference-2011

Fri.18 Nov. 2011:
Reflections on the role of European Union law through the financial and economic crisis - Irish Society for European Law (ISEL) and the United Kingdom Association for European Law (UKAEL), Dublin www.ukael.org/upcoming_events.html#isel

Tue. 29 Nov. 2011:
Enduring Powers of Attorney - Law Society, Dublin
www.lawsociety.ie/LSPT/

CURRENT CONSULTATIONS:

Department of Health: Review of Mental Health Act 2001:
Submissions by Fri. 7 October 2011
www.dohc.ie/consultations/open/mental_healthact2011/

Law Reform Commission: "Submissions either verbal or written are welcome at any stage during our deliberations on any topic." www.lawreform.ie/submissions.9.html

LLM in IP and E Law at University College Cork

LLM Intellectual Property and E Law

Vacancy: Lectureship in Law, UCC

Lectureship in Law

One Year Fixed Term Post

Faculty of Law, College of Business and Law

Applications are invited for this one year post in the Department of Law. The Department of Law at University College Cork has established itself as one of the leading law schools in Ireland, with a record of providing innovation and excellence in legal education and research, including a contribution to policy development and society.

As one of the largest departments in University College Cork, Law has a distinguished history over many decades in attracting high quality students and recruiting high quality staff nationally and internationally. The Law Department operates with a complement of twenty seven full-time academic staff providing BCL, LLB, LLM and PhD programmes, in addition to an Evening BCL programme. Moreover, it offers law modules across a range of programmes in all disciplines in the University.

Applications are invited for a full-time temporary one year Lecturer post in the Department of Law. The holder of this post, working under the direction of the Head of Department and Dean of the Faculty of Law, will be expected to contribute to all day and evening law programmes offered at undergraduate and postgraduate levels. Applicants must hold a post-graduate qualification in law. The post holders will be expected to teach under the direction of the Head of Department, to fulfil administrative roles, and to be actively engaged in research.

Informal enquiries may be made to Professor Steve Hedley, Head of Department of Law, email: s.hedley@ucc.ie

Further information on the Department can be found online on www.ucc.ie/en/lawsite/

Salary scale (new entrants 2011)*: €31,821 - €51,270 / €62,353 - €81,459

* Existing public servants continuously employed in the public sector on/after 31st December 2010 will be placed on the 2010 salary scales (non new entrants). In all instances the successful appointment will be at the first point of the scale

Closing date: 12 noon, Friday, 24th June 2011

Application forms must be completed, and are available, together with further details, on our website at: www.ucc.ie/hr/vacancies or from the Department of Human Resources, University College Cork, Ireland. Tel: +353 21 4903603 / Email: recruitment@per.ucc.ie / Fax: +353 21 4271568

Please note that an appointment to posts advertised will be dependant upon University approval, together with the terms of the employment control framework for the higher education sector

University College Cork is an Equal Opportunities Employer

Contrasting Recent Internet Copyright Cases

I wrote an article (available here) for the Sunday Business Post on 8 May contrasting two recent Internet Copyright Cases - the opinion of the Advocate General of the ECJ in Scarlet v SABAM (Press Release Full text in French) and the English High Court judicial review regarding the Digital Economy Act, R. (British Telecom & TalkTalk) v Secretary of State for Business, Innovation and Skills.

In the Scarlet case, the Advocate General issued an opinion against a Belgian court order requiring an ISP to block and filter material which is in breach of copyright. The opinion strongly emphasised the human rights at stake, as expressed in the EU Charter of Fundamental Rights and the Lisbon Treaty. For example, he said the court order unduly restricted the right to privacy of communications and the right to protection of personal data. He acknowledged that such rights could be restricted by law, but considered that the court order was not sufficiently accessible, clear or predictable.

In the British Telecom and Talk Talk case, the English High Court rejected most challenges to Britain’s 2010 Digital Economy Act, which allows blocking of sites that infringe copyright, and ‘‘three-strikes’’ style disconnection for users who breach copyright. Mr Justice Kenneth Parker found that the new scheme laid down by the Act would improve the existing process which involves copyright holders applying to court to seek to identify copyright infringers. The role of ISPs will be ‘‘passive’’, in that they react to notices of infringement drawn up by copyright holders. The holders send the notices to the ISPs which then send them on to customers. While fundamental rights such as privacy and freedom of expression are affected, Parker J. held that the British parliament had struck a proportionate balance between those rights and the property rights of copyright holders. He emphasised that the British government had extensively consulted copyright holders and ISPs before enacting the legislation, and he deferred to Parliament in choosing between policy options.

In Ireland, there have been a number of court cases about the role of ISPs in copyright infringement. In the most recent one, EMI v UPC last October, Mr Justice Peter Charleton decided that he could not grant an injunction restraining UPC from making available to the public sound recordings which infringed copyright. He found that s. 40 of the Copyright and Related Rights Act 2000 did not include an explicit power to authorise an order of this type, as it covered only removal of files, not blocking or diverting access.

At the end of the article, I said that there will be a need for detailed debate in Ireland on the implications of the English and Belgian cases, and the appropriate balance to be struck between the competing rights and interests. A mere superficial amendment of our 2000 Act will not be an adequate response.

Since the article was published, it has been announced that the Irish Government is to review copyright law, by means of a Copyright Review Committee consisting of Dr Eoin O'Dell, Ms Patricia McGovern and Professor Steve Hedley. Submissions to the Copyright Review Committee should be sent to copyrightreview@deti.ie or posted to Copyright Review, Room 517, Department of Enterprise, Jobs and Innovation, Kildare Street, Dublin 2. Submissions should be received by close of business on 30 June.