School of Law (Scholarly Articles)
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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 ... -
Toolkit on best practice for health and social care professionals to respect the rights of persons with disabilities in public health emergencies
(Centre For Disability Law And Policy, University of Galway, 2023)Introduction & purpose of toolkit. The Covid-19 pandemic put health and social care services under unprecedented strain. Before the development of effective vaccines, hospitals and intensive care units were pushed to the ... -
Toolkit on best practice for states to respect the rights of persons with disabilities in public health emergencies
(Centre For Disability Law And Policy, University of Galway, 2023)Introduction & purpose of toolkit. The Covid-19 pandemic exposed the speed at which the rights of persons with disabilities can be either deprioritised or forgotten altogether in times of public health emergencies. The ... -
Life imprisonment and the Parole Act 2019: Assessing the impact of legislative reform
(Judicial Studies Institute, 2020)This article examines the Parole Act 2019 and its likely impact on decision-making surrounding the release of life sentence prisoners in Ireland. The informal and political nature of the release process for life sentence ... -
When is a Plan Not a Plan? The Supreme Court Decision in “Climate Case Ireland”
(Thomson Reuters Round Hall, 2021-01-07)[No abstract available] -
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 ... -
Towards a common standard of protection of the right to housing in Europe through the charter of fundamental rights
(Wiley, 2019-12-17)The trend towards the financialisation of housing since the 1980s and the global financial crisis exposed a dramatic lacuna in the legal protection of the right to housing. Yet, the right to housing features not only in ... -
Translating popular sovereignty as unfettered constitutional amendability
(Cambridge University Press, 2019-12-03)Popular sovereignty translated as unfettered constitutional-amendment power - Weakness of constituent power as justification for unfettered amendability - Alternative concept of sovereignty as unaccountability of constituted ... -
Stokes v Christian Brothers High School: An exercise in splendid isolationism?
(Thomson Round Hall, 2015)This article will examine the case of Stokes v Christian Brothers High School Clonmel. The particular focus of the article is to question the failure to assess the prohibition on indirect discrimination within the overarching ... -
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 ... -
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 ... -
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 ... -
Once more with ‘sympathy’ but no resolution for intended mothers: the EU, Ireland and the surrogacy dilemma
(Taylor & Francis, 2017-10-26)This article examines the decision of the Court of Justice of the European Union (CJEU) in Z v A Government Department and the Board of Management of a Community School and the court's interpretation of existing EU legislation ... -
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 ... -
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 ... -
Sutherland v Hatton: A Solution to Ireland's Occupational Stress Question?
(2002)The Irish Courts have not dealt with the issue of occupational stress claims in any great detail. However, in a recent UK decision, Sutherland v Hatton1 , where four separate appeals were joined together, the Court of ... -
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 ... -
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 ... -
Accessing justice in cases of occupational bullying in Ireland
(Community Law & Mediation, 2016-07-07)Our understanding of the nature and effect of bullying behaviour has developed dramatically over the past forty or so years. Despite this however Ireland does not have a dedicated legal remedy for workplace bullying. ... -
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 ...