As the negative impacts of climate change have heightened, so too has the political movement in favour of criminalising the destruction of our planet. In June 2021, a panel of lawyers completed a core text of a definition of ecocide as an international crime in hope that it will serve as the basis of consideration for an amendment to the Rome Statute.

Definition

The Panel defines ecocide as “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts.”

For the statute, “wanton” means “with reckless disregard for damage which would be excessive concerning the social and economic benefits anticipated; and “severe” means “damage which involved very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural, cultural or economic resources”.

Thresholds

The definition proposed created two thresholds for unlawful conduct:

First, there must be a substantial likelihood that the conduct will cause “severe and either widespread or long-term damage to the environment.” This threshold alone is overly inclusive thus, the Panel included a second threshold which requires proof that the acts are “unlawful or wanton”. This addition is necessary to the balance of social and economic benefits with environmental harm through sustainable development.

The default men’s rea is as follows: “A person has intent where … that person means to cause that consequence or is aware that it will occur in the ordinary course of events.” However, with consideration of the high thresholds for ecocide, the Panel decided that Article 30 men’s rea was too narrow.

Thus, they propose a men’s rea of recklessness or dolus eventualis, which requires awareness of the substantial likelihood of severe and either widespread or long-term damage. This is more sufficient in ensuring that those with substantial culpability for severe damage to the environment are held responsible for their actions.

Why Ecocide Needs to be a Crime

Right now, no one is held responsible for the mass destruction of the environment. This makes protecting the future of our planet very difficult hence, mass damage and destruction of ecosystems are taking place globally.

Corporations can currently be sued and fined for their actions, however, this is an ineffective device as they simply budget for this possibility. On the other hand, making ecocide a crime creates an arrestable offence, making those who are responsible for the acts that lead to severe environmental damage liable to criminal prosecution.

It is important to note that harmful industrial activities are to blame for the climate and ecological emergency that we are currently in. Companies have known most of the risks, yet have chosen to continue their harmful practices. Thus, the responsibility lies with decisions made at the top of industry, finance and government. 

Ecocide has been committed repeatedly over decades and humanity stands at a crossroads as we face the climate and ecological emergency that has been created as a result. We must make a stand to hold the culprits of this mass destruction accountable if we want to save our planet. By criminalising ecocide we could address: ocean damage; deforestation; land and water contamination; air pollution; and more. It is time to make a change.

To act now follow this link: All — Stop Ecocide 

To keep up with the latest legal news, click on legal to get your daily dose.

The post Ecocide Law appeared first on Relawding.

The Policing Bill

The Police, Crime, Sentencing and Courts Bill is a piece of legislation that includes significant government proposals on crime and justice in England and Wales. A particularly important part of the bill covers changes to protests.

Currently, the police have to show that a protest will result in “serious public disorder, serious damage to property or serious disruption to the life of the community” to place restrictions. In the case of major events, details are usually discussed with organisers in advance.

Under the new bill, police will be able to enforce stricter conditions on static protests such as start and finish times and noise limits. Furthermore, a section introduces the new statutory offence of “intentionally or recklessly causing a public nuisance”. This means that a person can be liable to be imprisoned for up to ten years if convicted of “serious annoyance” or “serious inconvenience”.

Other shocking sections of the bill include similarly high sentences imposed on those convicted of causing damage to statues and memorials. It can be presumed that this is a response to the tearing down of slave trader Colston’s statue in Bristol by Black Lives Matter protestors.

Labour MP, Peter Kyle, importantly points out that an “angry mob” that throws a statue into a harbour “and then turns around and throws a woman or child into the water” would be punished more harshly for the first offence than that against a living person. The possible ten years imprisonment is double the length of the maximum sentence for assault causing actual bodily harm.

The 300-page document is filled with changes to various aspects of justice. But, this bill threatens the human rights of the public by restricting the right to protest so much that even a single individual peacefully holding up a sign could be penalised for breaching conditions they “ought to have known”.

The Covert Human Intelligence Sources Bill

This piece of legislation amends Part II of the Regulation of Investigatory Powers Act to allow public bodies to authorise covert human intelligence sources to engage in criminal activities (including rape, murder, and torture) with immunity from punishment.

Passing this bill would approve serious violations of the European Convention on Human Rights, and set itself apart from international human rights standards.

Judicial Review 

“Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.” Fundamentally, these reviews are a challenge to the way a decision has been made by public bodies such as local councils, government departments, police forces, or health authorities. 

The former supreme court justice Lord Sumption claimed that there is evidence of excessive and inappropriate use of judicial review to overturn government decisions.

However, Gina miller, legal campaigner and winner of a Supreme court battle against the government said she is concerned about proposals to restrict judicial review. She argues “there needs to be an increase [of legal scrutiny of government decisions]” to uphold social justice.

The Right to Peaceful Protest Jeopardised

These three pieces of legislation attack peoples’ rights to protest -threatening democracy. Furthermore, Boyd emphasises that “one of the fundamental rights in jeopardy is access to justice and changes to judicial review are a threat to that basic right”.

His comments followed the campaign group, Not1More’s, plead to the UN urging intervention to protect the rights of peaceful protesters in the UK. The London-based group highlighted that all three of these pieces of legislation would make “people who wish to access their democratic right to peaceful protest more vulnerable to undue restrictions, arbitrary detention and/or invasive policing”.

To keep up with the latest commercial news, click on commercial to get your daily dose.

The post How three pieces of the new legislation are putting human rights in jeopardy appeared first on Relawding.

US Law on Conservatorship

According to the legal concept of conservatorship, a conservator may be appointed by a court to handle the affairs of someone who is deemed unable to make their own decisions. A person under conservatorship is a conservatee.

A conservator can have authority over a conservatee’s estate, and/or their daily life, health decisions, living arrangements, and more. Alternatively, there are limited conservatorships for those who are capable of making important decisions themselves.

This legal principle is established by court orders and governed by state laws that vary across state borders.

Britney’s Case

In February 2008, the superstar was put on an involuntary psychiatric hold which is when she lost control of her finances. Her father petitioned to name him and an attorney called Andrew Wallet as conservators over her “person” and $60 million fortune. The court order became permanent in October 2008. Since the action, Britney has had to ask her father to “sign off on every major decision she makes, from business to health, to voting and marriage.”

Concerns about the conservatorship began to surface in 2019 when Wallet resigned from his role, leaving Jamie Spears as the sole conservator of Britney’s estate. He stated that “substantial detriment, irreparable harm, and immediate danger will result to the conservatee and her estate if the relief requested herein is not granted on an ex parte basis.”

In 2019, Jamie stepped down from having control of her “person” due to health reasons and Britney tried to permanently replace his role with a care professional, Jodi Montgomery. 

Those that have been involved in controlling Britney’s life over the last 13 years have claimed that the agreement has been an effective tool that saved her from a low point in her life and that she could move to end it at any point. However, sealed records obtained by The New York Times revealed that she has been trying to remove the motion since 2014. In a 2015 report, a court investigator wrote that “she articulated she feels the conservatorship has become an oppressive and controlling tool against her.”

23rd June 2021

Earlier this week, the pop icon gave an emotional 23-minute speech about the treatment she has received under the action that controls her life. She told the judge over a call (due to social-distancing measures), that she has been forced to work against her will, prevented from removing her IUD, and even compelled to take lithium against her wishes. She adds, “I was told right now in the conservatorship I am not able to get married and have a baby”, two things she has explicitly stated she has a desire for.

In the court hearing, the singer drew attention to the discrepancy that she can “make a living for so many people, and pay so many people” but does not control any of her assets. Until recently, Britney has continued to perform and bring in millions of dollars, a capability that forces the arrangement into question as it is usually a last resort for people who cannot care for themselves.

This rare public court appearance was the first time the public has heard Britney speak of her struggles in detail leaving many shocked. One of the #FreeBritney movement founders told the BBC “everything she said was heartbreaking and it was even worse than I thought it was.”

Britney has declared herself “done” as she “just wants her life back.”

To keep up with the latest commercial news, click on commercial to get your daily dose.

The post Britney Spears’ Court Hearing appeared first on Relawding.

The Case

Rapper Kidd Wes (Emelike Wesley Nwosuocha) is claiming that Glover’s 2018 Grammy-winning “This Is America” has “substantial similarities” to his lesser-known single “Made In America”.

Nwosuocha alleges in New York federal court that the ‘lyrical theme, content and structure” of the chorus of Glover’s viral hit is too comparable to the plaintiff’s song to be an accident. The evidence provided includes statements from musicologist Dr Brent Swanson who confirms that, “there are distinct similarities in melodic contour, rhythmic triplet flow in each performance, and the lines ‘Made in America’ and ‘This is America’ line up nearly perfectly in time despite being different tempos. They also both use rhythmic utterances in their performances.”

The lawsuit was filed on 6th May 2021 and the outcome is still unknown. Nwosuocha and his legal team are pursuing a permanent injunction, as well as damages and lost profits. Although a specific sum was not mentioned, he claimed that Glover and his co-writers made “hundreds of millions of dollars” from “This Is America”.

Glover’s manager, Fam Udeorji, refused claims of plagiarism, saying the song dated back to 2015, “and we have Pro Tools [digital] files to prove it”. If this is true, Nwosuocha will not be able to pursue the lawsuit as his song was first posted in September 2016 on SoundCloud.

Not The First Time

“This Is America” has previously been in the hot seat for plagiarism. In 2018, its similarity to Jase Harley’s “American Pharaoh” was noted by a blogger named Akademiks.

However, the accusation played out differently in the recent case as Harley said he had no interest in pursuing legal action. He posted on Instagram: “I feel extremely humbled to be recognised and labelled as one of, or the original inspiration, for one of the most important pieces of music and visual art of our time.”

US Copyright Law

The Copyright Act of 1976 prevents the unauthorised copying of a work of authorship. You no longer have to give copyright notice when you create original work – you are automatically protected.

A copyright holder can bring a suit for direct or secondary infringement and ask for monetary damages or equitable relief, such as an injunction.

The goal of copyright law is “to promote the progress of science and useful arts, by securing for limited times to authors and investors the exclusive right to their respective writings and discoveries.” Thus, the law should incentivise the creation of art, literature, music, and other works of ownership.

However, the effectiveness of this legal doctrine is questioned and the recent string of rulings in copyright cases seems to miss the purpose of its enforcement. With recent high-profile challenges, time will tell if the act is promoting or obstructing the creation of new works.

To keep up with the latest legal news, click on legal to get your daily dose.

The post Childish Gambino’s Legal Issues appeared first on Relawding.

The Culture

Vicky praises the culture at A&O, explaining how “the firm has this truly open environment where everyone is a team. There are no sharp elbows or competitive, selfish people. Everyone’s just open to help each other do the best work that we can. Law school was a pretty cutthroat place so it’s just really refreshing that there’s none of that here.”

When speaking about how the firm treats its employees she states, “A&O has always been open with everyone, including its most junior employees in terms of the firm’s strategy, finances, or where the firm wants to go.” 

Recently, the trainees even talked to a partner about how the annual partnership works and how it makes its money. It included firm strategies as well as the partners’ concerns: trainees are respected enough to be informed on topics that are usually kept private in law firms. 

Working amongst some of the best lawyers in the industry is bound to be intimidating at times. But, it is encouraging to hear that even such a large, prestigious firm can facilitate a genuinely collaborative and friendly culture that respects staff on all levels.

Trainee support at the firm

Trainees are assigned supervisors – known as trainers – in each seat. They are usually a senior associate or partner at the department and are the first port of call for any questions. They also assign most of the workload. 

Although they are there to provide a lot of practical guidance, “the firm requires trainers to have at least weekly catch-up calls with their trainee, not about work, but to talk holistically about [their] career, or just about life.” She also said that if you get on with your trainer well, you usually end up forming longer-term relationships with them, which can make the workplace feel more like a community.

Not only is pastoral support prioritised, but the resources available to employees are exceptional. Vicky speaks of “the bridge [which] is a massive 24/7 team of people in the Bishop Square office that do the mundane, admin things that I previously assumed the trainees would do. Things like proofreading, binding, etc. are done by them. I’ve never done any proofreading in my training contract at all. You can even send them a black and white barebone structure of a PowerPoint presentation and they make it presentable.”

Diversity Networks

Established within the firm are internal diversity networks such as A&Out, Faith at A&O, and the Race and Ethnicity Network. They aim to support their members by guiding them in terms of career development, hosting diversity-focused events, and being a source of community.

There are also a few smaller, more niche networks that have been set up within these groups. An example of this is the South East Asian Lawyers (SEAL). Its members have East Asian heritage, connections, or are just interested in the area and are supported in various ways. Their recent activities have included discussions where members can talk through ideas about how the firm can support the Stop Asian Hate movement, and events on Chinese business culture, and how to approach East Asian clients.

For Vicky, who is a part of SEAL, “it’s been great as [she has] been able to speak with a lot of lawyers from different departments, and it’s given [her] contacts with senior associates and partners that [she] wouldn’t otherwise have. Also, on the committee [she is] able to voice [her] thoughts and ideas with other partners and senior associates.”

Like most big-city law firms, A&O has a way to go in terms of diversity and inclusion, but these networks are making steps in the right direction. In line with a collective desire for accelerated change, A&O has also set various targets such as having 15% of its partnership from an ethnic minority by 2025. 

Verdict

It is fair to conclude that this firm not only excels in its service to clients but also in its effort to provide a great working environment for employees. Though we often hear about gifted bottles of champagne and celebrity guest speakers at prestigious law firms, Vicky reveals that employees at A&O are supported by more than just a paycheque for their hard work.

To keep up with the latest legal news, click on legal to get your daily dose.

The post A holistic overview of working at Allen & Overy appeared first on Relawding.