By Cara O’Donnell. Cara O’Donnell is an LL.B. (Political Science) Senior Sophister student at Trinity College Dublin. In this article, she critically examines the approach that Irish courts have taken when reviewing administrative decisions that engage rights through the lens of the 2022 Supreme Court decision of Burke v Minister for Education and Skills. When reviewingContinue reading “Case Note: Burke v Minister for Education and Skills [2022] IESC 1”
Category Archives: Sutherland Symposium
‘When your (legal tests) don’t work like they used to before’: Ed Sheeran and Originality in Music Copyright:
By Alex Casey. Alex Casey is an LL.B. graduate and currently pursuing a LL.M. in International Commercial Law from the University of Limerick. In this article, he discusses various longstanding principles of ‘originality’ in music copyright law with reference to the recent Ed Sheeran case which captured extensive attention among the media and wider society. TheContinue reading “‘When your (legal tests) don’t work like they used to before’: Ed Sheeran and Originality in Music Copyright:”
Blasphemy and State Education: Freedom of Religion in the Irish Constitution and Constitutional Change
by Simon Sun. Simon Sun is a recent LL.B. graduate from Trinity College Dublin. In this article, he assesses freedom of religion in the Irish constitution and its intersection with the blasphemy referendum, state education, and constitutional change. Introduction: Diluting Ireland’s Religious Constitution The freedom of religion enshrined in Article 44 is of paramount importance in a Constitution which refersContinue reading “Blasphemy and State Education: Freedom of Religion in the Irish Constitution and Constitutional Change”
Case Note: Jaimee Middelkamp v The Minister for Justice and Equality
by Hernan Perez McKay. Hernan Perez McKay is a second year BCL (Law with Chinese) student at UCD. He was selected as the winner of the Law Review’s annual case competition for this piece on Middelkamp v The Minister for Justice. In Middelkamp v Minister for Justice,[1] the Supreme Court held that a woman living in IrelandContinue reading “Case Note: Jaimee Middelkamp v The Minister for Justice and Equality “
The Role of the West in Shaping Russia’s Justification for the Invasion of Ukraine: The Need for Greater Accountability Regarding the Use of Force in International Law
by Gareth Hughes. Gareth Hughes is a final year Business and Law student in UCD. In this article he critically assesses the approach adopted by the major Western powers to the use of force in international law. He discusses the potential justifications which Russia can draw from this approach regarding their invasion of Ukraine. Russia’s recentContinue reading “The Role of the West in Shaping Russia’s Justification for the Invasion of Ukraine: The Need for Greater Accountability Regarding the Use of Force in International Law”
Citizenship Revocation: An Opportunity for Change in Ireland
by Áine Doyle. Áine Doyle is a recent LLB graduate from Trinity College Dublin. In this article, she considers the power of the State to revoke an Irish citizen’s citizenship. Given a recent Supreme Court decision finding elements of the relevant legislation unconstitutional, she considers how the legislation could be amended going forward in orderContinue reading “Citizenship Revocation: An Opportunity for Change in Ireland”
Grave Consequences: The societal rationale behind the medicalisation and secularisation of suicide as reflected in the burial of those who died by suicide in Ireland and England in the 19th century.
by Lauren Rooney. Lauren Rooney is a recent Business and Law graduate of UCD. In this article, she examines the societal rationale behind the medicalisation and secularisation of suicide in the UK and Ireland in the 18th and 19th century. She discusses how the finding of insanity and subsequent legislative change sought to protect thoseContinue reading “Grave Consequences: The societal rationale behind the medicalisation and secularisation of suicide as reflected in the burial of those who died by suicide in Ireland and England in the 19th century.”
Oral Oaths in Ireland: A Case for Reform
by Alejandro Bans Burtchaell. Alejandro Bans Burtchaell is a current Masters in Common Law student at UCD. In this article, he discusses issues with the current Irish system for swearing oaths and affirmations in the courtroom before proposing that Ireland abolishes the oath and adopts the secular Swiss system of secular affirmations. Section 21 ofContinue reading “Oral Oaths in Ireland: A Case for Reform”
Humanitarian Intervention: A Moral Impetus to Defy International Law?
By Iseult O’Callaghan. Iseult is a BCL (with Politics) graduate from UCD. In this article she critically discusses humanitarian intervention as a legal justification for the use of force.
Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd Forty Years On: The Relationship between Unconscionability and Estoppel in the Law of Equity
by Jennifer O’Toole. Jennifer is a recent BCL graduate of UCD. In this article, she assesses the impact of the English High Court’s seminal decision Taylor Fashions and subsequent jurisprudence on ‘unconscionability’ in estoppel.
UCD Law Review 