Browsing School of Law (Scholarly Articles) by Title
Now showing items 58-77 of 103
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Land law, property, housing and the environment.
(Jordan Publishing Ltd, 2009)This chapter considers the possible impact of the European Convention on Human Rights Act 2003 (ECHR Act) on Irish law in selected areas of land and property, planning, housing and environment law1 - areas associated ... -
Law in Virtual Worlds
(Journal of Internet Law, 2009-04)This article considers the application of real-world law to virtual worlds, new shared spaces that are being created on the Internet. These computer-mediated environments are often fantastic places where magic works, people ... -
Legal Aspects of Ecosystem-Based Marine Management in Europe
(Hijhoff, 2012)The European Union is currently developing an elaborate regulatory framework for the implementation of an ecosystems-based approach to the management of human activities in the marine environment with a view to halting 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 ... -
Local authorities and the European Convention on Human Rights Act 2003
(Clarus Press, 2010)This article discusses the impact of the European Convention on Human Rights Act 2003 (ECHR Act) on local authorities in Ireland. The Act creates a new framework for the representative, regulatory, agency and service ... -
The Marine Strategy Framework Directive: A new European approach to the regulation of the marine environment, marine natural resources and marine ecological services
(International Bar Association, 2011-02)This article reviews the Marine Strategy Framework Directive which requires the Member States of the European Union (EU) to put in place measures to achieve and maintain good environmental status of marine waters by 2020. ... -
Matrimonial property and Irish law: a case for community.
(Incorporated Law Society of Northern Ireland, 2002)Family property is a primary area of contention in property law. If spouses only have rights in relation to property to which they can show legal or beneficial title, they may be left unprotected in the event of marital ... -
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 ... -
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 ... -
Official indifference and persistent procrastination: An analysis of Sinnott
(Judicial Studies Institute, 2002)The Supreme Court decision in Sinnott v. Minister for Education, 1 though predictable, resulted in widespread disappointment among disability groups and families of people with disabilities. By a majority of six to ... -
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 ... -
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 ... -
Perpetuities reform in Ireland?
(Jurist Publishing Co., 2002)The rule against perpetuities, in particular, often appears so arbitrary, capricious and contradictory that it is not uncommon even for experienced practitioners to be caught by the array of traps and pitfalls that await ... -
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 ... -
"Proper provision" and "Property Division": Partnership in Irish matrimonial property law in the wake of T v. T.
(Roundhall Sweet & Maxwell, 2004)The issue of how best to regulate matrimonial property is a vexed and recurring one in Irish law. This is not only due to the necessarily conflicting interests that must be resolved: how best to provide for spouses and ... -
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 ... -
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 ... -
Regulating intersectional activity: privacy and energy efficiency, laws and technology
(Taylor & Francis, 2017-09-10)Using a case study, this article explores the extent to which one area of law (privacy and data protection) can intersect with, and be challenged by, proposals by delivery of another goal greater energy efficiency. The ... -
Regulating marine biodiscovery in sea areas under coastal state jurisdiction
(Martinus Nijhoff, 2009)Marine biodiscovery is the examination of marine biological material for features that may be of value for commercial purposes. These features may include chemical compounds, genes and their products or, in some cases, ...