Browsing School of Law (Scholarly Articles) by Title
Now showing items 1-20 of 102
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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 ... -
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 ... -
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. ... -
Advance Directives in Mental Health Care: Hearing the Voice of the Mentally Ill
(Thomson Reuters Professional Ireland Limited, 2010-05)Advance directives or 'living wills' are statements by competent adults setting out their wishes in anticipation of future incapacity to make decisions. The capacity to make independent choices and decisions may be impacted ... -
Algorithmic governance: Developing a research agenda through the power of collective intelligence
(SAGE Publications, 2017-09-19)We are living in an algorithmic age where mathematics and computer science are coming together in powerful new ways to influence, shape and guide our behaviour and the governance of our societies. As these algorithmic ... -
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 ... -
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 ... -
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 ... -
Ante-nuptial Agreements and "Proper Provision": An Irish Response to Radmacher v Granatino
(Round Hall Sweet & Maxwell, 2011-04)Irish law makes little reference to the principle of self-determination in relation to financial provision on matrimonial breakdown. The Family Law Act 1995 and the Family Law (Divorce) Act 1996 place some emphasis on ... -
The Anthropocene, autopoiesis and the disingenuousness of the genuine link: Addressing enforcement gaps in the legal regime for areas beyond national jurisdiction.
(Martinus Nijhoff, 2009)The Netherlands has a long and proud tradition of scholarship in the law of the sea that traces its roots back to Hugo de Groot. This tradition is exemplified by the work carried out over the last two decades by the ... -
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 ... -
Can housing rights be applied to modern housing systems?
(Emerald, 2010-05)Purpose - The purpose of this paper is to outline and examine the growing corpus of housing rights and assess their relevance and applicability to complex contemporary housing systems across the world. Design/methodo ... -
Can international housing rights based on public international law really impact on contemporary housing systems?
(Ashgate, 2010-12)The concept of home advances a new basis for evaluating housing rights, emphasising their human and personal benefits. Housing rights address, at a national, regional and global level, displacement and dispossession, as ... -
Challenges in Applying Human Rights Law to Armed Conflict
(International Review of the Red Cross, 2005-12)The debates over the relationship between International Humanitarian Law and International Human Rights Law, have often focused on the question of whether human rights law continues to apply during armed conflict, and if ... -
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) ... -
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 ... -
Climate Change Law and Policy in Ireland
(Finnish Society for Environmental Law, 2011) -
The conveyancing conundrum: Reviewable dispositions and the in camera rule. I
(Roundhall Sweet & Maxwell, 2003) -
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 ...