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Financial provision on relationship breakdown in Ireland: A constitutional lacuna?
(Dublin University Law Journal, 2013)
In recent decades, legislation has had an extraordinary impact on personal property rights in the context of marital and relationship breakdown. Initially under the Judicial Separation and Family Law Reform Act 1989, and ...
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 ...
Access to Justice under Irish Environmental Impact Assessment Law: Case C-427/07 Commission v Ireland European Court of Justice (Second Chamber), 16 July 2009 [2010] Env LR 8
(SAGE Publications, 2010-05)
Ireland was recently found not to have fully implemented Directive 85/337 on the assessment of the effects of certain public and private projects on the environment (the EIA Directive) and Directive 2003/35 (the Århus ...
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 ...
Tax professionals at work in Silicon Valley
(Elsevier, 2015-10-21)
This paper analyses a previously unexamined but nonetheless important facet of modern society the nature and impact of the relationship between in-house tax professionals in large multinational organizations, and the ...
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 ...
Was it Author's Rights all the time?: Copyright as a Constitutional Right in Ireland
(Dublin University Law Journal, 2011)
If property rights are “the Cinderella of the fundamental rights provisions of the Irish Constitution,” copyright may be its glass slipper, seeking its proper owner. The underlying rationale for copyright in Irish law is ...
No three strikes for Ireland (yet): EU Copyright Law and individual liability in recent internet filesharing litigation
(Wolters Kluwer, 2011)
This article is a summary of recent Irish cases involving peer-to-peer file-sharing. These cases are another step in the ongoing development of this fast-changing area of the law, and raise some interesting questions about ...
The judiciary in public debates: the sound of silence?
(Sweet & Maxwell/Round Hall, 2011)
The judiciary's approach to communicating with the public it serves has to change. If it does not--if our voice remains silent in debates on public policy, and we become irrelevant to the process--we have only ourselves to blame.