scholarly journals Age of the Living Dead: Personality Rights of Deceased Celebrities

1969 ◽  
pp. 914
Author(s):  
David Collins
Keyword(s):  
Digital Technology ◽  
Common Law ◽  
Legal Issues ◽  
Commercial Exploitation ◽  
Personality Rights ◽  
Living Dead ◽  
Recent Developments ◽  
The Dead ◽  
The Law

This article examines the legal issues arising from digital technology that allows filmmakers to create features starring flawlessly rendered images of deceased celebrities, known as "synthespians." Recent developments in the law of personality rights in California have established that deceased stars' personality rights extend beyond death, permitting heirs to seek damages for wrongful uses. In Canada the tort of misappropriation of personality has been extended after death both at common law and in the privacy acts of some provinces. This article examines instances where courts have ruled against uses, often where there has been commercial exploitation, of the dead actor s persona and concludes with recommendations on strategies to regulate this area of the law.

Product Safety Warnings: A Legal Review

1985 ◽  
Vol 4 (1) ◽  
pp. 80-90 ◽  
Author(s):  
Michael Ursic
Keyword(s):  
Common Law ◽  
Empirical Work ◽  
Product Liability ◽  
Product Safety ◽  
Legal Issues ◽  
Consumer Product ◽  
Comprehensive Review ◽  
Consumer Product Safety ◽  
The Common ◽  
The Law

It is imperative that businessmen understand the law concerning consumer product safety warnings if they are to minimize their losses in product liability suits; yet the legal issues in this area are often vague and complex. This paper will attempt to clarify these issues by providing a comprehensive review of the statutory and common law requirements concerning safety warnings. In addition, both the existing and the needed empirical work which could aid businessmen in complying with the common law will be delineated.

Part VI The Law of Property, 30 Immovables

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
European Union ◽  
Common Law ◽  
Legal Issues ◽  
Choice Of Law ◽  
Foreign Land ◽  
The Law

This chapter examines the choice of law rules governing immovables. There are a range of circumstances in which the English courts may have jurisdiction (either under common law or European Union rules) over cases which require the determination of legal issues relating to foreign immovable property. These include cases where the question of title arises incidentally in a personal claim against a defendant, or in the administration of a trust, will or divorce over which the English courts have jurisdiction, or in the context of a claim for trespass over foreign land. This chapter first considers the law of the situs rule before discussing specific issues relating to choice of the law applicable to immovables, focusing in particular on the capacity to take and transfer immovables, formalities of alienation, essential validity of transfers, and contracts.

Defaming the Dead

2017 ◽  
Author(s):  
Don Herzog
Keyword(s):  
Common Law ◽  
Tort Law ◽  
Dead Person ◽  
The Common ◽  
The Dead ◽  
The Law ◽  
The Way

If you defame the dead, even someone who recently died, tort law does not think that’s an injury: not to the grieving survivors and not to the dead person. This book argues that defamation is an injury to the recently dead. It explores history, including the shaping of the common law, and offers an account of posthumous harm and wrong. Along the way, it offers a sustained exploration of how we and the law think about corpse desecration.

scholarly journals Recent Developments in Wrongful Dismissal Laws and Some Pointers for Reform

1969 ◽  
pp. 470 ◽  
Author(s):  
G. England
Keyword(s):  
Nova Scotia ◽  
Common Law ◽  
Just Cause ◽  
Grievance Arbitration ◽  
Employment Termination ◽  
Recent Developments ◽  
The Common ◽  
The Law ◽  
Federal Jurisdiction ◽  
Wrongful Dismissal

This paper examines recent developments in the law of wrongful dismissal. It demonstrates that the current common law fails to regulate satisfactorily terminations of employment and proposes an alternative statutory scheme. Part considers the "minimum contents" required of fair and just system of employment termination. Part II examines the common law response and its inadequacies. Part III suggests proposals for reform, drawing on the ex periences of statutory "just cause"protections in Nova Scotia and England and in Canadian grievance arbitration. Also, the proposed amendments to the Canada Labour Code in bill C-8,1 which introduces "just cause"protections for workers within Federal jurisdiction are considered.

Partnership and LLP Law

2017 ◽  
Author(s):  
Geoffrey Morse
Keyword(s):  
Common Law ◽  
Limited Liability ◽  
Access To Information ◽  
Distinct Area ◽  
Recent Developments ◽  
The Law ◽  
Partnership Agreement ◽  
Limited Partnerships

Partnership and LLP Law, which is now in its eight edition, covers the essential principles of both partnership law and the law relating to limited liability partnerships. In addition to explaining established principles it explores the unresolved issues in partnership law, including fixed share partnerships and whether partners can be workers, dissolution by acceptance of repudiatory breach, abandonment and mutuality, liability for equitable wrongs, the authority of a partner winding up a partnership, and the availability of equitable or common law remedies for breaches of the partnership agreement. The new edition includes a greatly expanded analysis of limited liability partnerships signifying the growth in importance of this type of entity and the development of a distinct area of law. LLP law is still evolving and combines both corporate and partnership elements which creates legal and practical difficulties. The book considers and provides answers to these problems. It analyses for example, the question as to whether a person can be both a member and an employee of an LLP. Limited partnerships are also considered in detail in response to their recent revival as investment vehicles and recent developments on access to information and derivative actions by limited partners.

The Doctrine of Subjective Rights, the Actio Iniuriarum and the Constitution: A Convergent Doctrinal Basis for the Law of Personality

2021 ◽  
Vol 2021 (2) ◽  
pp. 272-287
Author(s):  
CJ Visser
Keyword(s):  
Common Law ◽  
Constitutional Rights ◽  
Human Personality ◽  
Positive Law ◽  
Personality Rights ◽  
Recent Approach ◽  
The Common ◽  
The Law ◽  
Composite Nature ◽  
Subjective Rights

This article revisits the doctrinal basis of the positive law in protecting the human personality as a legal interest given the approach adopted by the judiciary. In terms of this approach, based on common law and constitutional considerations, the human personality is not articulated as a composite interest (ie the human personality is not doctrinally conceptualised as consisting of various discrete personality rights). Arguably, such an approach denigrates the traditional view that the human personality ought to be protected as a composite interest in law. Therefore, this article interrogates more carefully the doctrinal basis of the law of personality from the perspective of the common law and the Constitution in the light of the controversial nature of the judiciary’s recent approach. In this regard, the article finds that there is an overlap, or more specifically a convergence, between common-law personality rights (as premised on the doctrine of subjective rights and the actio iniuriarum) and fundamental constitutional rights regarding the human personality. The article demonstrates that in terms of scope (ie the various personality interests recognised in positive law) and framework (ie the differentiation and adjudication of the different personality interests in positive law), both the common law and the Constitution attest to the composite nature of the human personality as a legal interest. On this basis, I argue that such convergence enables the creation of a single and integrated doctrinal basis for the post-constitutional operation of the human personality as a legal interest. It is further argued that such a single and integrated doctrinal basis provides the foundation for the further constitutionalisation of the law of personality in terms of a transformative constitutionalism paradigm and the horizontal application of the Constitution.

Legal Dilemmas

2017 ◽  
Author(s):  
Don Herzog
Keyword(s):  
United States ◽  
Sixteenth Century ◽  
Common Law ◽  
The Common ◽  
The Dead ◽  
The Law ◽  
Star Chamber ◽  
Tort Claims

The chapter launches with Star Chamber proceedings against Lewis Pickering: in the sixteenth century, defaming the dead could be a crime. And that remains true even in today’s United States. But as the common law sharpened the distinction between tort and crime, it rejected the view that such defamation could be a tort. Tort claims extinguished when either plaintiff or defendant died. And when aggrieved survivors sued, the law held they hadn’t been wronged, even if they had been harmed, so they couldn’t recover, either.

Visual Data and the Law

2018 ◽  
Vol 43 (04) ◽  
pp. 1149-1163 ◽  
Author(s):  
Sarah Brayne ◽  
Karen Levy ◽  
Bryce Clayton Newell
Keyword(s):  
Empirical Research ◽  
Technological Development ◽  
Legal Regulation ◽  
Legal Issues ◽  
Visual Data ◽  
Multiple Points ◽  
Visual Evidence ◽  
Legal Challenges ◽  
Recent Developments ◽  
The Law

Visual data are transforming the documentation of activities across many legal domains. Visual data can incriminate or exonerate; they can shape and reshape public opinion. Visual evidence can legitimize certain accounts of events while calling others into question. The proliferation of visual data creates challenges for the law at multiple points of entry: recording, distribution or disclosure, redaction or deletion, or use as evidence. This symposium outlines and analyzes legal challenges posed by recent developments in visual data technologies and practices. This introductory essay and the articles that follow highlight legal issues that arise when state actors collect visual data and when visual data are used in legal disputes. Technological development is outpacing empirical research on, and legal regulation of, visual data within society and inside the courtroom. This symposium provides a much-needed opportunity to highlight new legal and empirical research at the intersection of visual data and law.

(1) Stage 1: correct analysis of the constituent parts of the problem question (a) Identify the FACTS given—place on a tree diagram. (b) Identify the primary and secondary LEGAL ISSUES raised by the facts, available defences and doubts in the law. Place on a tree diagram of the issues. List the issues under the facts. (c) Consider the LAW THAT MAY APPLY (eg, legislation or common law and/ or European Community law). The sources of law to be drawn on will vary according to the particular subject. Quickly list these under the issues on the tree diagram. (2) Stage 2: Begin to work on discrete aspects of the problem question (a) Decide the order in which issues will be raised in your answer. (b) Consider your view of uncertainties and gaps in the law in the area. (c) Consider issues of interpretation and defence. A doubt about the interpretation of the law is not a defence, it is a doubt about the law. Make sure you do not make this mistake, as they require a different approach. (3) Stage 3: Decide your view of the outcome of the specific questions asked in the problem question The facts in a problem question can give rise to many issues but all of these may not be necessary to resolve the specific question(s) set in your problem. Problem questions tend to ask you to do two main things: (a) Discuss the issues raised in the problem scenario. OR (b) Advise one of the parties. Both types of problem question require the same knowledge to successfully answer them. However, your approach will be different. (In fact essay questions can be drawn from the same knowledge but also require a different approach.) • In those drafted in response to a question in the style of (a) you raise all issues without privileging one party. • In those drafted in response to a type (b) question you raise all issues but orientate to your argument to the effect of those issues on the party you are asked to advise. This includes discussing in detail the likely chances of the other party being the successful party. 8.5.3 Demonstration: beginning to answer a specific problem question The key to successfully answering a problem question lies in spotting the ‘clues’ to the issues to be discussed. Many of these are purely linguistic. We will look at one particular problem, Problem Question 4, above, applying the stages outlined above.

2012 ◽  
pp. 274-274
Keyword(s):  
European Community ◽  
Common Law ◽  
Legal Issues ◽  
The Other ◽  
Type B ◽  
Community Law ◽  
Correct Analysis ◽  
Tree Diagram ◽  
The Law ◽  
Stage 1

Part I Legal and Practical Challenges to Traditional Trade Finance, 2 The Letter of Credit as a Contract

2021 ◽  
Author(s):  
Booysen Sandra
Keyword(s):  
Common Law ◽  
The Other ◽  
Trade Finance ◽  
Letter Of Credit ◽  
Contractual Obligation ◽  
Contract Formation ◽  
Recent Developments ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter considers the relationships created by the issue of a letter of credit. In particular, it focuses on the relationship between the issuer and/or confirmer of the credit on the one hand, and the seller of the goods on the other. Although the letter of credit is typically referred to as creating a contractual obligation between these parties, and that characterisation is rarely disputed, a closer analysis from a common law perspective reveals that some elements for contract formation appear to be absent. The chapter re-examines this debate in the light of recent developments in the law. It concludes that the relationship is indeed contractual, albeit that some of the contractual prerequisites may be satisfied in an unorthodox way.

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