From Blogger | Page 6

From Blogger

David Miranda and the Constraints of the “Prescribed by Law” Requirement: Miranda v. Home Secretary, [2014] EWHC 255

Laws L.J. delivered the judgment of the Divisional Court yesterday in Miranda v. Home Secretary, [2014] EWHC 255, a judgment explained by Rosalind English and Carl Gardner, and aspects of which have also been discussed by Fiona de Londras and Colin Murray. Miranda, en route to Berlin to share confidential information with a journalist, was […] Read more

From Blogger

Deference outside a Decision-Maker’s ‘Home’ Statute: Bernard v. Canada (Attorney General), 2014 SCC 13

There is another aspect of Bernard v. Canada (Attorney General), 2014 SCC 13 (discussed here) that is of general interest. When the matter was remitted to it, the Public Service Labour Relations Board had to address whether its order that an employer had to disclose home contact information of non-union employees was compatible with privacy […] Read more

From Blogger

Giving Directions to Administrative Decision-Makers (for Self-Represented Litigants): Bernard v. Canada (Attorney General), 2014 SCC 13

Bernard v. Canada (Attorney General), 2014 SCC 13 represents the end of a long struggle for Ms. Bernard, an employee of the Canadian revenue service who challenged — without counsel — her employer’s ability to send her personal contact details to a union. A decision ordering disclosure was ultimately upheld as reasonable and constitutional but […] Read more

From Blogger

Net Neutrality, Law and Policy: a Modest Comment on Verizon v. FCC

I am somewhat late to last week’s D.C. Court of Appeals decision in the Net Neutrality case: Verizon v. Federal Communications Commission.  In brief, the Court struck down the Federal Communications Commission’s “Open Internet Order”, which imposed restrictions on how broadband providers may interact with providers of services like Netflix, Google and Youtube (so-called “edge […] Read more