Browsing School of Law (Scholarly Articles) by Title
Now showing items 70-89 of 103
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Paternity fraud and the tort of deceit
(Clarus Press, 2008)Recent cases in England, Australia and the United States have seen efforts to expand the tort of deceit to allow a remedy in cases of paternity fraud. The tort of deceit has traditionally applied to commercial transactions ... -
Perpetuities reform in Ireland?
(Jurist Publishing Co., 2002)The rule against perpetuities, in particular, often appears so arbitrary, capricious and contradictory that it is not uncommon even for experienced practitioners to be caught by the array of traps and pitfalls that await ... -
Possible Irish responses to climate change
(Kluwer Law International, 2008)Climate change is becoming a very important political, social and economic issue. Recent weeks have seen the publication of the Intergovernmental Panel on Climate Change’s Fourth Assessment Report, with predictions of ... -
"Proper provision" and "Property Division": Partnership in Irish matrimonial property law in the wake of T v. T.
(Roundhall Sweet & Maxwell, 2004)The issue of how best to regulate matrimonial property is a vexed and recurring one in Irish law. This is not only due to the necessarily conflicting interests that must be resolved: how best to provide for spouses and ... -
Reasonable accommodation in education
(Community Law & Mediation, 2015-12-08)Abstract: This Article examines the duty to provide reasonable accommodation in education as provided for by the Equal Status Acts. The duty to provide reasonable accommodation is a reactive duty as such it is an ... -
Recognising legal capacity: commentary and analysis of Article 12 CRPD
(Cambridge University Press, 2017-02-15)This paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the ... -
Regulating intersectional activity: privacy and energy efficiency, laws and technology
(Taylor & Francis, 2017-09-10)Using a case study, this article explores the extent to which one area of law (privacy and data protection) can intersect with, and be challenged by, proposals by delivery of another goal greater energy efficiency. The ... -
Regulating marine biodiscovery in sea areas under coastal state jurisdiction
(Martinus Nijhoff, 2009)Marine biodiscovery is the examination of marine biological material for features that may be of value for commercial purposes. These features may include chemical compounds, genes and their products or, in some cases, ... -
Regulating Marine Scientific Research in the European Union: It Takes More Than Two to Tango
(Martinus Nijhoff Publishers, 2012)The EU and the Member States are party to the 1982 United Nations Convention on the Law of the Sea. The EU has been a long-standing proponent of the conceptual underpinnings of the 1982 Convention as a package deal ... -
Relational theory and choice rhetoric in the Supreme Court of Canada
(2015)The issue of personal choice has become central to Canadian family law. Much of the debate derives from the competing models of autonomy posited by neoliberal and feminist theorists. Neoliberalism, which currently dominates ... -
Rethinking reflexive law for the Information Age: Hybrid and flexible regulation by disclosure
(George Washington University Law School, 2016)Although it has its defenders,1 command-and-control environmental regulation has been criticised for being economically inefficient and for relying on the effectiveness of the regulator and its staff.2 Scholars have ... -
Review of the Legal Framework Applicable to Marine Protected Areas as a Tool for Ecosystem Conservation & Fisheries Management
(2006)This chapter reviews the legal basis in a number of international and European legal instruments underpinning the establishment of Marine Protected Areas (MPAs) as a tool for ecosystem conservation and fisheries ... -
Review of Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward (eds), The EU Charter of Fundamental Rights: A Commentary (Hart Publishing 2014)
(Irish Society for European Law, 2015)This is not just the latest commentary on the EU Charter of Fundamental Rights (the Charter)1 but the definitive commentary, at least until it is overtaken by developments in the European courts and requires an update. ... -
The right to legal agency: domination, disability and the protections of Article 12 of the Convention on the Rights of Persons with Disabilities
(Cambridge University Press, 2017-02-15)Article 12 of the Convention on the Rights of Persons with Disabilities has created a revolution in legal-capacity law reform. It protects the right to exercise legal agency for people with disabilities with more clarity ... -
The role of regional advisory councils in the European Common Fisheries Policy: Legal constraints and future options.
(Brill Academic Publishers, 2010-04)One of the outcomes of the reform of the European common fisheries policy (CFP) in 2002 was the establishment of Regional Advisory Councils (RACs) to enable the European Commission to benefit from the knowledge and experience ... -
The role of regional advisory councils in the European Common Fisheries Policy: legal constraints and future options.
(Martinus Nijhoff, 2010-05)One of the outcomes of the reform of the European common fisheries policy (CFP) in 2002 was the establishment of Regional Advisory Councils (RACs) to enable the European Commission to benefit from the knowledge and ... -
Rules as code and the rule of law: ensuring effective judicial review of administration by software
(Taylor and Francis Group, 2024-02-09)This paper considers the possible benefits and substantial risks of ‘Rules as Code’, the parallel drafting of legislation and codification in software, which has been the subject of attention from policy-makers and pilot ... -
Selective Conscientious Objection in International Law: Refusing to Participate in a Specific Armed Conflict
(Netherlands Quarterly of Human Rights, 2002-12) -
Socially constructed hierarchies of impairment: the case of Australian and Irish Workers' access to compensation
(Springer Verlag, 2017-11-27)Objectives: Socially constructed hierarchies of impairment complicate the general disadvantage experienced by workers with disabilities. Workers with a range of abilities categorized as a disability are likely to experience ... -
State intervention in the lives of people with disabilities: the case for a disability-neutral framework
(Cambridge University Press, 2017-02-15)People with disabilities continue to experience a disproportionately high level of state intervention in their private lives. Many disabled people's organisations have long sought to challenge this discriminatory approach ...