Browsing School of Law (Scholarly Articles) by Title
Now showing items 6-25 of 103
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Algorithms and the rule of law
(Cambridge University Press, 2017-10-05)In this short article Ronan Kennedy explores fundamental issues surrounding the use of algorithms in the context of the rule of law in our society. He states, The issues that are buried in these systems should be a matter ... -
American and Irish perspectives on collaborative practice
(Thomson Reuters Round Hall, 2011)In their Report on Alternative Dispute Resolution,1 the Law Reform Commission (LRC) have recognised Collaborative Practice as “an emerging method of advisory dispute resolution”,2 where, “the negotiation becomes client ... -
An analytical framework for employment regulation: investigating the regulatory space
(Emerald, 2016-12-12)Purpose - The purpose of this paper is to advance a conceptual analytical framework to help explain employment regulation as a dynamic process shaped by institutions and actors. The paper builds on and advances regulatory ... -
Ante-nuptial Agreements and "Proper Provision": An Irish Response to Radmacher v Granatino
(Round Hall Sweet & Maxwell, 2011-04)Irish law makes little reference to the principle of self-determination in relation to financial provision on matrimonial breakdown. The Family Law Act 1995 and the Family Law (Divorce) Act 1996 place some emphasis on ... -
The Anthropocene, autopoiesis and the disingenuousness of the genuine link: Addressing enforcement gaps in the legal regime for areas beyond national jurisdiction.
(Martinus Nijhoff, 2009)The Netherlands has a long and proud tradition of scholarship in the law of the sea that traces its roots back to Hugo de Groot. This tradition is exemplified by the work carried out over the last two decades by the ... -
Autonomy and prenuptial agreements in Ireland: A relational analysis
(Cambridge University Press, 2018-04-03)Unlike England and Wales, Ireland has not yet moved from the traditional common law rejection of prenuptial agreements. Nevertheless, similar policy concerns continue to be debated in both jurisdictions, particularly regarding ... -
Can housing rights be applied to modern housing systems?
(Emerald, 2010-05)Purpose - The purpose of this paper is to outline and examine the growing corpus of housing rights and assess their relevance and applicability to complex contemporary housing systems across the world. Design/methodo ... -
Can international housing rights based on public international law really impact on contemporary housing systems?
(Ashgate, 2010-12)The concept of home advances a new basis for evaluating housing rights, emphasising their human and personal benefits. Housing rights address, at a national, regional and global level, displacement and dispossession, as ... -
Challenges in Applying Human Rights Law to Armed Conflict
(International Review of the Red Cross, 2005-12)The debates over the relationship between International Humanitarian Law and International Human Rights Law, have often focused on the question of whether human rights law continues to apply during armed conflict, and if ... -
Charging for public participation: fees for submissions or observations on Environmental Impact Assessment
(SAGE Publications, 2007)In case C-216/05, Commission v Ireland, the European Court of Justice (ECJ) ruled that Irish legislation which required the payment of a fee by those making submissions regarding an environmental impact assessment (EIA) ... -
Climate change law and policy after Copenhagen
(Round Hall, 2010)This article deals with recent developments in climate change law and policy. It examines the likely future developments in international negotiations for a successor to the Kyoto Protocol; briefly summarises climate ... -
Climate Change Law and Policy in Ireland
(Finnish Society for Environmental Law, 2011) -
The conveyancing conundrum: Reviewable dispositions and the in camera rule. I
(Roundhall Sweet & Maxwell, 2003) -
Corr v IBC - Civil liability and employee suicide
(Clarus Press, 2007)The English Court of Appeal decision in Corr v IBC Vehicles Ltd1 held that an employer could be found liable for the suicide of an employee. 2 Sedley and Wilson LJJ (with Ward LJ dissenting) overturned the trial court ... -
De-camouflaging chameleons: Requiring transparency for consumer protection in the Internet of Things
(Queen's University Belfast, School of Law, 2019)Information and communications technology (ICT) and the development of the so-called ‘Internet of Things’ (IoT) provide new and valuable affordances to businesses and consumers. The use of sensors, software, and interconnectivity ... -
Defences to international crimes
(Routledge, 2011)The label 'defences' can be used to describe a range of excusing or justificatory answers to a criminal charge, or as 'grounds for excluding criminal responsibility', according to Article 31 of the Rome Statute of the ... -
Disrupting the status quo? Discrimination in academic promotions
(Thomson Round Hall, 2017)In June 2016 the HEA Report of the Expert Group: HEA National Review of Gender Equality in Higher Education Institutions (Gender Equality Review) reported and stated that there was a need for “radical action” without ... -
E-regulation and the rule of law: smart government, institutional information infrastructures, and fundamental values
(IOS Press, 2016-02-15)Information and communications technology (ICT) is increasingly used in bureaucratic and regulatory processes. With the development of the Internet of Things , some researchers speak enthusiastically of the birth of the ... -
The Employment Equality Act 1998 (Ireland).
(Oxford University Press, 2000-09)The Employment Equality Act, 1998, came into force in Ireland on 18 October 1999, following a prolonged period of preparation necessary to establish the new equality enforcement mechanisms and bodies prescribed by the ...