McKennitt v Ash is an English legal case in which Loreena McKennitt, a Canadian world music singer, sued in England to prevent publication of extracts of a book written by a former friend on the grounds of privacy. McKennitt won the case. [1]
In 2005, McKennitt was involved in an acrimonious court case in the United Kingdom when her former friend and employee, Niema Ash, intended to publish a book, Travels with Loreena McKennitt: My Life as a Friend, which contained intimate details of their friendship. McKennitt argued that much of the book contained confidential personal information, which Ash had no right to publish. The English courts found that there had indeed been a breach of confidence and a misuse of McKennitt's private information. The decision "created new precedents for privacy law in the U.K." [2] The Court of Appeal affirmed the lower court's decision in 2006, and that affirmation was reaffirmed when the House of Lords declined to hear what would have been a final appeal. [3]
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States generally protected a right to have an abortion. The decision struck down many abortion laws, and caused an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be. The decision also shaped debate concerning which methods the Supreme Court should use in constitutional adjudication. The Supreme Court overruled Roe in 2022, ending the constitutional right to abortion.
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause. Sometimes referred to as the override power, it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the Charter.
The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.
Loreena Isabel Irene McKennitt is a Canadian singer-songwriter, multi-instrumentalist, and composer who writes, records, and performs world music with Celtic and Middle Eastern influences. McKennitt is known for her refined and clear soprano vocals. She has sold more than 14 million records worldwide.
In law, an en banc session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeals in which each case is heard by a three-judge panel instead of the entire court, en banc review is usually used only for unusually complex or important cases or when the court believes there is an especially significant issue at stake. En banc is a French phrase meaning "in bench".
The Supreme Court of Ireland is the highest judicial authority in Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal and the High Court, judicial review over Acts of the Oireachtas. The Supreme Court also has appellate jurisdiction to ensure compliance with the Constitution of Ireland by governmental bodies and private citizens. It sits in the Four Courts in Dublin.
Ballot Measure 58 was a citizen's initiative that was passed by the voters of the U.S. state of Oregon in the November 1998 General Election. The measure restored the right of adopted adults who were born in Oregon to access their original birth certificates. The measure passed with 609,268 votes in favor, 454,122 against. It was immediately challenged by several birth mothers who had put children up for adoption, which delayed instituting the measure for a year and a half.
Reynolds v Times Newspapers Ltd was a House of Lords case in English defamation law concerning qualified privilege for publication of defamatory statements in the public interest. The case provided the Reynolds defence, which could be raised where it was clear that the journalist had a duty to publish an allegation even if it turned out to be wrong.
Sir David Eady is a retired High Court judge in England and Wales. As a judge, he is known for having presided over many high-profile libel and privacy cases.
Neutral reportage is a common law defense against libel and defamation lawsuits usually involving the media republishing unproven accusations about public figures. It is a limited exception to the common law rule that one who repeats a defamatory statement is just as guilty as the first person who published it.
"The Mummers' Dance" is a song written and performed by Canadian singer Loreena McKennitt, released as a single from her sixth studio album, The Book of Secrets (1997), in November 1997. The song refers to the seasonal mummers' play performed by groups of actors, often as house-to-house visits. Its lyrics indicate a springtime holiday. Remixed by electronic music production duo DNA for its single release, "The Mummers' Dance" reached No. 10 in Canada, No. 18 on the US Billboard Hot 100, and No. 1 on the Billboard Triple-A chart. A music video was also produced for the song.
Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorized disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognized no general right or tort of privacy, and offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developing the common law.
Sir Michael George Tugendhat, styled The Hon. Mr Justice Tugendhat, and referred to as Tugendhat J in legal writing, is a retired High Court judge in England and Wales. He was the High Court's senior media judge, taking over that role from Mr Justice Eady on 1 October 2010.
Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. 617 (2018), was a case in the Supreme Court of the United States that dealt with whether owners of public accommodations can refuse certain services based on the First Amendment claims of free speech and free exercise of religion, and therefore be granted an exemption from laws ensuring non-discrimination in public accommodations—in particular, by refusing to provide creative services, such as making a custom wedding cake for the marriage of a gay couple, on the basis of the owner's religious beliefs.
Minnesota Voters Alliance v. Mansky, 585 U.S. ___ (2018), was a landmark decision of the US Supreme Court concerning the constitutionality of governmental speech restrictions in a polling place venue. The case challenged a century-old Minnesota law that prevents voters from wearing clothing or items considered political while voting. While the Supreme Court previously affirmed that political campaigning near polling places may be restricted, the Minnesota law was challenged on being overbroad and violation of free speech rights under the First Amendment. The case's decision was issued on June 14, 2018, with the Court finding 7–2 that the Minnesota law was overbroad of what could be considered "political" speech, violating free speech rights and deemed unconstitutional.
Lee v Ashers Baking Company Ltd and others[2018] UKSC 49 was a Supreme Court of the United Kingdom discrimination case between Gareth Lee and Ashers Baking Company, owned by Daniel and Amy McArthur of Northern Ireland. Lee brought the case after Ashers refused to make a cake with a message promoting same-sex marriage, citing their religious beliefs. Following appeals, the Supreme Court overturned previous rulings in favour of Lee and made a judgement in favour of Ashers. The court said there was no discrimination against Lee and that Ashers' objections were with the message they were being asked to promote. The court held that people in the United Kingdom could not legally be forced to promote a message they fundamentally disagreed with. The case became known in the British and Irish media as the "gay cake" case.
McGirt v. Oklahoma, 591 U.S. ___ (2020), was a landmark United States Supreme Court case which held that the domain reserved for the Muscogee Nation by Congress in the 19th century has never been disestablished and constitutes Indian country for the purposes of the Major Crimes Act, meaning that the State of Oklahoma has no right to prosecute American Indians for crimes allegedly committed therein. The Oklahoma Court of Criminal Appeals applied the McGirt rationale to rule nine other Indigenous nations had not been disestablished. As a result, almost the entirety of the eastern half of what is now the State of Oklahoma remains Indian country, meaning that criminal prosecutions of Native Americans for offenses therein falls outside the jurisdiction of Oklahoma’s court system. In these cases, jurisdiction properly vests within the Indigenous judicial systems and the federal district courts under the Major Crimes Act.
Mazurek v. Armstrong, 520 U.S. 968 (1997), was a United States Supreme Court case in which the Court upheld a Montana law permitting only licensed physicians to perform abortions. The Court summarily reversed a ruling of the United States Court of Appeals for the Ninth Circuit that had held that the law was likely intended to inhibit abortion access. In a per curiam opinion, a majority of the Court found that there was no evidence that the Montana legislature acted with an invalid intent. The Court also reiterated its earlier holding in Planned Parenthood v. Casey that the states have broad flexibility to regulate abortion so long as their regulations do not create an undue burden on a woman's right to choose. Three dissenting justices, in an opinion by Justice John Paul Stevens, wrote that they would have declined to hear the case because proceedings were still pending in the lower courts. The law itself was later struck down by the Montana Supreme Court on state-constitutional grounds.
Henderson v. Box was a case in which the United States Court of Appeals for the Seventh Circuit ruled that Indiana must list same-sex parents on their child's birth certificate. The case was brought before the court by eight lesbian couples from Indiana who conceived through artificial insemination.