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Showing posts from June, 2016

Brexit, Stage Right

Yesterday, voters in the United Kingdom narrowly opted to leave the European Union , an unprecedented political move which set world markets on edge and prompted the immediate resignation announcement of Prime Minister David Cameron , who will step down in the fall. The contentious "Brexit" referendum's vote was split 51.9% to 48.1% across the UK, with a record-high 71.8% turnout. The BBC's information page contains interactive maps and breakdowns by geography and age groups. What happens now? At the moment, the referendum results are not legally binding until the UK invokes Article 50 of the Treaty of Lisbon . As Time notes , the UK Parliament could nullify the referendum if asked, although Cameron has stated that the choice of the voters will be honored. Because citizens of Scotland voted largely in favor of remaining, there is also a possibility that the Scottish independence movement will be revived in an effort to keep Scotland in the EU. It's estima...

ICLR Online for UK Legal Research

For more than a century, law students around the world have learned about the Carbolic Smoke Ball Company , a British corporation which advertised its nasal spray as a surefire preventive measure against influenza. The makers of Carbolic Smoke Ball even advertised a £100 reward (approximately $10,000 in today's dollars) to consumers who used it as directed but contracted the flu. When one disappointed user, Louisa Elizabeth Carlill, became ill, she attempted to claim the reward, with assistance from her solicitor husband. In response, the company first accused her of using the product incorrectly, then denied that their advertised reward constituted a "contract" with the user. Mrs. Carlill prevailed at both trial and appeal, and the rest is contract law history. Carbolic Smoke Ball advertisement, circa 1892. Outside of contract law casebooks, where can you read the full text of Carlill v. Carbolic Smoke Ball Co. , [1893] 1 QB 256? As it turns out, the list of answe...

Judges' Working Papers: Research Behind the Closed Door

In this guest post, Reference Librarian and Senior Lecturing Fellow Marguerite Most explores a new option for researching judges' working papers, and discusses the legal issues surrounding personal archives. Judicial working papers are materials written as a case is decided and may include internal draft memos, conference notes and correspondence, and vote sheets. The official record in a case could include briefs, motions, transcripts of hearings, and the final opinion in a case. The Presidential Records Act of 1978 shifted presidential records from private to public ownership. However, chamber papers and other records of federal judges are considered the personal property of the judge who created them, and have never been subject to a defined policy of collection and preservation, unlike official court records. In 1964, U.S. Supreme Court Justice Felix Frankfurter announced his intent to law professor Alexander M. Bickel that "all my private papers pertaining to my w...