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Archive for August 10th, 2010

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Journal of Community Care Law
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The Mental Health Law Review
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CC partner charged with assaulting girlfriend in Gleneagles Hotel

The Lawyer reports: CC partner charged with assaulting girlfriend in Gleneagles Hotel. Clifford Chance Japan corporate head Alan Kitchin has been charged assaulting his partner at Scotland’s Gleneagles Hotel.The Tokyo-based lawyer allegedly injured Misato Yoshida after punching her in the face during a stay at the hotel in June, according to a report the Sunday Mail. Kitchin, who joined the magic circle firm earlier this year having spent more than 20 years as a partner at Ashurst, denies the charge and will now stand trial in November.”

It would seem that The Gleneagles Hotel is attracting very much the right type of guest…. The Lawyer notes: “This is not the first time that a lawyer has faced charges over their behaviour at the exclusive Perthshire hotel. In 2008, former Dickson Minto property partner Philip Anderson pleaded guilty to two criminal acts after exposing himself to a female companion in the hotel’s restaurant. He was later fined £300.”

Is there a UK law against ‘cruel and unusual punishment’?

The Guardian: Shadowfirebird wants to know what constitutes ‘cruel and unusual punishment’ and whether it is disallowed in this country.

Shadowfirebird asks:

“Do we have in this country a principle of disallowing cruel and unusual punishment, and if so, what constitutes “cruel and unusual”? For example, is it cruel or unusual to specify as a condition of your release that you must tell anyone you enter into a relationship with your true identity – when it seems almost certain that this will end the relationship, and threaten your life at the same time?”

The term “cruel and unusual punishment” comes from the eighth amendment to the US constitution . We have no law that uses those exact terms. What we do have is article 3 of the European convention on human rights, now part of our law by virtue of the Human Rights Act, which states: “No one shall be subjected to torture or inhuman or degrading treatment or punishment.”

Human rights: from Europe to the UK

Guardian: Government report highlights vexed issue of implementation of European human rights judgments in domestic law

Harvard Prof Sees Legal Profession in Turmoil

ABA Journal: The legal profession is “seeing the acceleration of large-scale trends which were accentuated [by the recession]. They will have a profound impact on all lawyers’ practices and how we regulate, compensate and train lawyers,” Harvard Law School professor David B. Wilkins told the ABA House of Delegates on Monday.

“We’re much less in control—[lawyers] used to control pretty much everything,” Wilkins said. “Today, in many areas, the state actively intervenes in the way the profession operates.” He cited the Korean government, which made the Korean bar increase the number of lawyers it trains each year.

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