School of Law (Scholarly Articles)
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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 ... -
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 ... -
The Irish national climate change strategy: new laws, future policies?
(Round Hall, 2009)This paper is an overview of climate change law and policy in Ireland. It sketches the background to the international agreements covering climate change emissions. It also gives a brief summary of relevant European ... -
New ideas or false hopes? : International, European, and Irish climate change law and policy after the Paris Agreement
(Round Hall, 2016)This article is an overview and summary of recent developments in international, European and Irish climate change law and policy. It places the recently-concluded Paris Agreement in the context of the US-China Deal on ... -
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 ... -
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 ... -
Freedom to negotiate: a proposal extricating 'capacity' from 'consent'
(Cambridge University Press, 2017-03-15)In this paper, we seek to radically reframe the legal construct of consent from a disability perspective. Drawing on feminist scholarship and human rights standards around free and informed consent', we apply a concept of ... -
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 ... -
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 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. -
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 ... -
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) ... -
Virtual rights? property in online game objects and characters
(Taylor & Francis, 2008-07-18)The new industry of Massively Multi-Player Online Role-Playing Games (MMORPGs) brings together two sets of fictions: the interactive stories of shared computer games and the legal devices of intellectual property. In these ... -
Access to justice under the Århus Convention and Irish judicial review
(SAGE Publications, 2008)The case of Sweetman v An Bord Pleanála, decided in the High Court of Ireland in April 2007, raises a number of interesting issues regarding the scope of Directive 2003/35/EC on public participation in respect of the ... -
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 ... -
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 ... -
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 ... -
An expanded definition of environmental information? Minch v Commissioner for Environmental Information [2016] IEHC 91
(SAGE Publications, 2016)A recent Irish High Court decision has overturned a decision of the Commissioner for Environmental Information not to grant access to a report on broadband networking infrastructure on the grounds that the document sought ... -
‘Substantial Interest’ requirement for judicial review of planning decisions: Harding v Cork County Council and An Bord Pleanála and Xces Projects Ltd now known as Kinsale Harbour Developments Ltd [2008] IESC 27; [2008] 2 ILRM 251
(SAGE Publications, 2009-02)The Supreme Court of Ireland recently considered the criteria by which a person may be said to have a “substantial interest” (which is the statutory requirement) in a planning matter which is sufficient to allow that person ... -
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 ...