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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 ...
Introduction to Post-Conflict Rebuilding and International Law
(Ashgate, 2012)
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 ...
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 ...
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 ...
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 ...
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 ...