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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 ...
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 ...
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 ...
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.
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 ...
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 ...
Multiple publication and online defamation - recent reforms in Ireland and the UK
(Masarykova Univerzita Nakladatelstvi,Masaryk University Press, 2012)
The multiple-publication rule, allowing for a new cause of action each time a defamatory statement is published, has applied to non-internet publications for well over a century. Its application to online publications ...
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 ...
European Family Law: the Beginning of the End for "Proper" Provision?
(2012-06)
European law has become increasingly relevant to Irish family law issues. The measures in question are wide-ranging, covering matters as diverse as the enforcement of maintenance decisions in other Member States, the ...
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 ...