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  • The Law Commission, regulation and civil sanctions

    Carl Gardner
    August 27, 2010

    I wrote yesterday at Guardian Law about the Law Commission’s new consultation paper on Criminal Liability in Regulatory Contexts, which has been reported as proposing the repeal of minor criminal offences:

    The alternative approach proposed by the Law […]

    Tags: crime, guardian, legislation, regulation
  • That American stem cell ruling

    Carl Gardner
    August 25, 2010

    On Monday Federal District Judge Lamberth gave a surprising ruling in Sherley v Sebelius, handing down an injunction preventing new US health guidelines on human stem cell research, drawn up on President Obama’s instructions, from being given effect on the […]

    Tags: health, legislation, science, united states
  • Ray Gosling: prosecution is against the public interest

    Carl Gardner
    August 20, 2010

    The Crown Prosecution Service has issued a press release today saying it has decided that Ray Gosling should be prosecuted for wasting police time under section 5(2) of the Criminal Law Act 1967, following his Inside Out […]

    Tags: crime, freedom of expression, human rights, media law
  • Privacy law: there’s no need for “clarification”

    Carl Gardner
    August 18, 2010

    Following on from my post the other day about privacy and the notorious “back door”, I’m surprised Lord McNally has been taken in sufficiently to propose new privacy legislation to “clarify” the law and remove some of its […]

    Tags: freedom of expression, government, human rights, media law, private life
  • Smoking bans in Germany: Bavaria quits

    Carl Gardner
    August 13, 2010

    Two years ago now, I wrote that Bavaria’s ban on smoking in public buildings had been upheld by the German Constitutional Court. But it, or a new version of it, has recently been challenged again – and again upheld.

    Just […]

    Tags: german federal constitutional court, germany, health, human rights
  • Privacy law “through the back door”

    Carl Gardner
    August 12, 2010

    I’m baffled by the prevalence of the belief among journalists that judges are bringing in a privacy law “by the back door”. It’s the phrase the Telegraph uses when reporting the fact that the golfer and Ryder Cup captain […]

    Tags: freedom of expression, human rights, media law, private life
  • Draft Directive on the right to information in criminal proceedings

    Carl Gardner
    August 6, 2010

    This is the sort of thing that sends shivers down Eurosceptic spines. A couple of weeks ago the European Commission came out with this proposed Directive on suspects’ right in criminal proceedings.

    Tags: crime, eu law, human rights
  • Proposition 8, again

    Carl Gardner
    August 5, 2010

    Every summer I seem to write about gay marriage in California. At least, I did in 2008, then in 2009, and now I’m at it again. Because Judge Walker of the US District Court has ruled, in Perry […]

    Tags: family, human rights, legislation, US constitution
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