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New York’s narrow escape from martial law and other stories

20th June 2008

To celebrate the early summer solstice this year, we’re limiting our stories this week to four brief “summeries”, so that you have more time to enjoy the sunshine and recover from indefensible puns.

Jumping straight in, two stories from the States have caught our eye in the past couple of days.

The first concerns English language legislation, which a USA Today report suggests is gathering steam across the country. It centres on laws that specify in what language official government communications should be written and is predictably drawing a mixture of praise and criticism. We’re sitting on the fence, though we note that some of its proponents are the very people that its detractors seek to protect. “It’s multiplying tremendously”, said Mauro Mujica, a Chilean immigrant and chairman of U.S. English. “We’ve made huge progress”, he added.

The second – also legislative in focus – considers efforts in New York State to legalise so-called “mixed martial arts”, which combine boxing, kickboxing, wrestling and jiujitsu. Money is a key driver for supporters, who’d like a slice of the billion-dollar business for venues like Madison Square Garden, but so far plans have stalled. Former track coach Bob Reilly, who sat on the Assembly Committee that helped delay the motion, said: “Embracing this barbaric sport would have sent the wrong message to our children and our families”. Perhaps so, but worthy sentiments including phrases like “wrong message” and the words “children” and “families” do rather risk masking the argument in a syrupy veil of cliché.

Over in Scotland, solicitor and road-traffic expert Graham Walker has claimed that a speed-detection device that has caught thousands of motorists might not be legal. The debate hinges on the workings of the Pro Laser III, which isn’t specifically covered by the relevant legislation. Though too technical to adequately summarise here, the story serves to highlight the tricky polygamous marriage between Statutory Instruments, Statutes from both the Scottish and UK parliaments, and case law. Justis and JustCite are, of course, happy to offer a bit of marriage guidance.

The latest SI on speed measuring devices is The Road Traffic Offenders (Prescribed Devices) Order 2008 (SI 2008/1332).

Our final story illustrates why lawyers in Britain, Ireland and elsewhere in Europe could soon come to rely on the EU law-related precedent-finding Caselex database. Also quite legally complex, the upshot of the article could be significant for commercial specialists across the continent, discussing, as it does, an upcoming test case from France involving online auctioneer eBay. Later this month the court will rule on a lawsuit brought against the company in 2006 by LVMH, the world’s biggest luxury-goods firm, which is demanding damages of €20m on the basis that eBay supplied counterfeit goods. In due course Caselex should summarise the findings, a precedent from which could carry much weight across the various national jurisdictions within the EU.

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