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13 May 2022 / David Locke
Issue: 7978 / Categories: Features , Human rights , International , Constitutional law
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Roe v Wade: Judicial insurrection?

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Roe v Wade: the situation in the US highlights a gross lack of understanding of law and process, and its exploitation for political purposes, says David Locke

It would be wrong to view the recent leaking of the draft majority judgment of the Supreme Court, prepared by Justice Samuel Alito in the Dobbs case as being just a very American scandal (Dobbs v Jackson Women’s Health Organization concerns the State of Mississippi’s ban on abortion after 15 weeks. The State of Mississippi has asked the Supreme Court also to overrule the 1973 case of Roe v Wade). It is a composite of issues which have relevance in this jurisdiction. The manipulation of an electorate though the use of disinformation is hardly a new concept. A modern gloss on the practice would be to label something as ‘disinformation’ and restrict its dissemination, thereby allowing a preferred view to promulgate. Matters of law are not protected from being used in this fashion, amplifying problems caused by general ignorance. The

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NEWS
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Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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