Kontent i Pravo v. Masterhost Presidium of the Supreme Arbitration Court of the Russian Federation, Judgment of 23 December 2008, Nr. 10962/08 Translation and Comment

This Judgment by the Presidium of the Supreme Arbitration Court of the Russian Federation can be considered as a landmark ruling for Internet Service Provider’s (ISP) liability. The Court stipulates for the first time concise principles under which circumstances an ISP shall be exempt from liability for transmitting copyright infringing content. But due to the legislation on ISP liability in the Russian Federation it depends on the type of information which rules of liability apply to ISP. As far as a violation of intellectual property rights is claimed, the principles given now by the Supreme Arbitration Court are applicable, which basically follow the liability limitations of the so called EU E-Commerce Directive. But, furthermore, preventive measures that are provided in service provider contracts to suppress a violation through the use of services should be taken into account as well. On the other hand, as far as other information is concerned the limitations of the respective Information Law might be applicable which stipulates different liability requirements. This article gives a translation of the Supreme Arbitration Court’s decision as well as a comment on its key rulings with respect to the legal framework and on possible consequences for practice.

Reports of cases argued and determined in the Supreme Judicial Court of New-Hampshire.

Vols. for 1855-59 reported by G.G. Fogg; 1859-63 by W.E. Chandler; 1863-69 by A. Hadley; 1869-74 by J. M. Shirley.

The laws of the commonwealth of Massachusetts relating to marriage and divorce, embraced in the Public statutes, (enacted Nov. 19, 1881; to take effect Feb. 1, 1882;) : with a full digest of the decisions of the Supreme judicial court in divorce causes under laws heretofore in force and codified in these statutes, supplemented by copious extracts from the opinions of the court in important cases, together with notes, comments, and forms of pleading.

Includes index.

Report of a trial : Miles Farmer, versus Dr. David Humphreys, Storer, commenced in the Court of common pleas, April term, 1830, from which it was appealed to the Supreme judicial court, and by consent of parties, referred to referees, relative to the transactions between Miss Eliza Dolph and George Washington Adams /

Action for libel.

Maine reports; cases argued and determined in the Supreme Judicial Court of Maine

Imprint varies

Massachusetts reports : cases argued and determined in the Supreme Judicial Court of Massachusetts.

Some vols. reissued with different imprints.

Trial of John R. Buzzell : before the Supreme Judicial Court of Massachusetts for arson and burglary in the Ursuline Convent at Charlestown.

Mode of access: Internet.

Review of a report to the House of Representatives of the Commonwealth of Massachusetts, on the case of William Vans. With observations upon the dispensing power of the Legislature, and upon a decision of the Supreme Judicial Court, "nullifying" the said power.

"Postscript by William Vans": p. [13]-15 at end.

The town officer's guide, containing a compilation of the general laws of Massachusetts, relating to the whole power and duty of towns, districts, and parishes, with their several officers; with a digest of the decisions in the Supreme Judicial Court of Massachusetts, relating to the several subjects.

Mode of access: Internet.

Trial of the case of the Commonwealth versus David Lee Child, for publishing in the Massachusetts Journal a libel on the Honorable John Keyes : before the Supreme Judicial Court, holden at Cambridge, in the County of Middlesex /

"October term, 1828."

Case of the slave-child, Med : report of the arguments of counsel, and of the opinion of the court, in the case of Commonwealth vs. Aves; tried and determined in the Supreme judicial court of Massachusetts.

Med's case.--Arguments of counsel; Benjamin R. Curtis. esq., for the respondent, Ellis Gray Loring, esq., for the petitioner, Hon. Rufus Choate, for the petitioner, Charles P. Curtis, esq., for the respondent.--Opinion of the court.

Defence of the third article of the Massachusetts Declaration of rights / as delivered by Chief Justice Parsons, as the opinion of the Supreme Judicial Court, in the case of Barnes vs. Falmouth ...

Sabin

Trial of David Lynn, Jabez Meigs, Elijah Barton, Prince Cain, Nathaniel Lynn, Ansel Meigs, and Adam Pitts, for the murder of Paul Chadwick, at Malta, in Maine, on September 8th, 1809; before the Hon. Theodore Sedgwick ... Hon. Samuel Sewall ... Hon. George Thatcher, Hon. Isaac Parker, justices of the Supreme judicial court, held at Augusta, by adjournment, Nov. 16, 1809.

Mode of access: Internet.

Memoir of Theophilus Parsons, chief justice of the Supreme judicial court of Massachusetts; with notices of some of his contemporaries.

Mode of access: Internet.

Professional issues related to allegations and assessment of child sexual abuse in the context of family court litigation

This article focuses on the challenge of dealing with allegations of child sexual abuse in the context of the Family Court of Australia. Of all cases that come before the Court, those involving such allegations are relatively uncommon. they tend to be the most difficult cases, however, and are more likely to require a trial and the involvement of qualified practitioners. The review establishes that parental separation is a special circumstance in which sexual abuse may be more likely to occur, and many allegations of sexual abuse are found to be true. There is evidence, however, that a proportion of allegations made by people other than the child concerned may be false. Whether these false allegations are well intentioned and genuinely believed, or maliciously motivated has been a contentious issue. Issues considered include the mishandling of cases, the failure by professionals to consider equally plausible alternative hypotheses than the sexual abuse of a child, confirmation bias, and the profound repercussions of allegations for all members of the family. It is concluded that all allegations of child sexual abuse must be evaluated in a thorough and sensitive manner to separate the few false allegations from the many that are true.