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2010 GCS Readings


Global Constitutionalism
September 22-25, 2010

The Nation-State and the Boundaries of its Laws
A slightly outdated version of Professor Fiss's chapter was erroneously sent to the publisher. Please find here the most up-to-date version. 

Supplemental Readings
Listed alphabetically by Jurisdiction

Canada

R. v. Hamilton, [2005] 2 S.C.R. 432, 2005 SCC 47
Considering the actus reus and mens rea requirements in the context of fraudulent solicitation by email.

R. v. Hape, [2007] 2 S.C.R. 292, 2007 SCC 26
Holding that the Canadian Charter does not bind police action in searches and investigations conducted outside of Canada.

Harvard College v. Canada(Commissioner of Patents), [2002] 4 S.C.R. 45, 2002 SCC 76
Discussing whether people can patent processes that involve genetic manipulation.

Canada (Justice) v. Khadr, [2008] 2 S.C.R. 125, 2008 SCC 28
Holding that the
Canadian Charter of Rights and Freedoms applies to Canadian officials acting abroad in Guantanamo Bay, Cuba.

R. v. Legare, 2009 SCC 56
Interpreting the Canadian statute criminalizing sexual solicitation of a child on the internet

R. v. Levigne, 2010 SCC 25
Same as above.

Monsanto Canada Inc. v. Schmeiser, [2004] 1 S.C.R. 902, 2004 SCC 34
Decision on intellectual property in the genetic material of plants.

R. v. Morelli, 2010 SCC 8, [2010] 1 S.C.R. 253
Discussing the meaning of “possession” in the context of digital child pornography, and “reasonable grounds” to obtain a search warrant.

R. v. Patrick, 2009 SCC 17, [2009] 1 S.C.R. 579
Holding that the taking of the defendant’s garbage backs was not an unreasonable search and seizure under the Charter.

Schreiber v. Canada (Attorney General), [2002] 3 S.C.R. 269, 2002 SCC 62
Holding that Germany was entitled to sovereign immunity in a suit against it by plaintiff who was arrested for the purpose of extradition.

Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers, [2004] 2 S.C.R. 427, 2004 SCC 45
Discussing the liability of internet “intermediaries” for copyright infringement, and the international reach of Canada’s Copyright Act.

R. v. Tessling, [2004] 3 S.C.R. 432, 2004 SCC 67
Holding that infra-red, thermal images of the interior of defendant’s home taken from airplanes were not obtained in violation of defendant’s right to privacy under the Canadian Charter.

European Union

Commission of the European Communities v Kingdom of the Netherlands [2004], ECJ, C-350/02, (24 June 2004)
On industrial policy

Google Inc. v. Louis Vuitton Malletier, Opinion of Advocate General Poiares Maduro, Cases C 236/08, C 237/08, C 238/08, Sept. 22, 2009.
On whether Google can sell a company’s trademarked language, to be used as Internet search terms for competitors.

Henning Veedfald v. Århus Amtskommune [2001], ECJ, C-203/99, (10 May 2001)
On approximation of laws

Herbert Karner Industrie Auktionen GmbH v. Troostwijk GmbH [2004], ECJ, C 71/02, (25 March 2004)
On free movement of goods

Tietosuojavaltuutettu v Satakunnan Markkinapörssi Oy, Satamedia Oy [2008], ECJ, C-73/07, (16 December 2008)
On approximation of laws

Commission of the European Communities v Kingdom of the Netherlands [2004], ECJ, C-350/02, (24 June 2004)
On industrial policy

Henning Veedfald v. Århus Amtskommune [2001], ECJ, C-203/99, (10 May 2001)
On approximation of laws

Tietosuojavaltuutettu v Satakunnan Markkinapörssi Oy, Satamedia Oy [2008], ECJ, C-73/07, (16 December 2008)
On approximation of laws

Yassin Abdullah Kadi, Al Barakaat International Foundation v. Council of the European Union, Commission of the European Communities , United Kingdom of Great Britain and Northern Ireland [2008], Joined Cases C-402/05 and C-415/05, (3 September 2008)
On common foreign and security policy

Hong Kong

Human Organ Transplant Ordinance 
Human Organ Transplant Regulation

Italy

Personal Data Protection Code, Legislative Decree No. 196 (June 30, 2003)
Italian code section granting each person a right to the protection of their personal data.

P. Bruzzone & S. Venettoni, Legal Aspects of Organ Transplantation in Italy, Transplant Proc. (2008).
Discussing the laws surrounding the recipient’s consent in Italy.

P. Frati, Organ Transplantation from Living Donors: Between Bioethics and the Law, 37 Transplantation Proceedings 2433 (2005).
Discussing the legalization in Italy of organ donation from living donors and the legal, ethical, and economic repercussions of such laws.

F. Quintieri, P. Chistolini & O. Pugliese, Organ Transplantation in Italy: Analysis of Donors and Recipients, 15 Eur. J. Epidemiology 493 (1999).
Discussing the numbers of organ transplants and procurement in Italy in the 1990s.

Poland

Polish Constitutional Court [2008] K/44/07, 2008 
On the permissibility of shooting down a civil aircraft in the event of a danger that it has been used for unlawful acts, and where state security is threatened

United Kingdom

McE v Prison Service of Northern Ireland 2009 UKHL 15, 2009 1 AC 908 
Whether covert surveillance of communications between prisoners and their lawyers constitutes a breach of legal professional privilege  

Human Tissue Act 2004, ss 32- 34 
Regulating organ transplants  

Peck v. the United Kingdom, ECHR, Judgment of January 28, 2003
Street cameras and privacy

R (Al-Skeini) v Secretary of State for Defence 2007 UKHL 26, 2008 1 AC 153 
Whether Iraqi civilians killed in Iraq by British forces were 'within the jurisdiction' of the UK for purposes of article 1 of ECHR and the Human Rights Act 1998

R (Al-Jeddah) v Secretary of State for Defence 2007 UKHL 58, 2008 1 AC 332 
Whether the UN Security Council Resolutions modified the ECHR in respect of persons detained by British forces in Iraq

R (Smith) v Secretary of State for Defence 2010 UKSC 29 
whether a British soldier serving in Iraq was 'within the jurisdiction' of the UK for purposes of ECHR both off and on base  

R (Al-Sadoon) v Secretary of State for Defence 2009 EWCA Civ 7, 2009 3 WLR 957 
Approving, under the ECHR, transfer of Iraqi prisoners into the custody of the Iraqi Higher Tribunal to be tried for war crimes  

Times Newspapers LTD (Nos. 1 and 2) v. The United Kingdom, ECHR, Judgment of March 3, 2009
Freedom of expression