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Now showing items 11-20 of 51
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.
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 ...
A Flood of Light: Comments on the Interpretation Act 2005
(Judicial Studies Institute, 2006)
The Interpretation Act 2005 consolidates previous
legislation and contains some new provisions inspired by a Law Reform Commission report. These may bring about a subtle but significant change in the methods of statutory ...
Extra-judicial Comment by Judges
(Judicial Studies Institute, 2005)
This article looks at recent occasions where extrajudicial speech has been the subject of public comment in Ireland. It then examines case law from other jurisdictions, focusing on examples from common law countries and ...
"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 ...
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 ...