Published Volumes

Foreword

Mr Justice Richard Humphreys, Judge of the High Court

Editorial Preface to the 21st Volume

Emily Cahill

Deferred Prosecution Agreements: Lessons from a Comparative Analysis for Irish Corporate Enforcement

Andrew Murphy

The Law of International Territory: A Solution to Rising Sea Levels in the Pacific?

Jack O’Brien and Saige Kelsey

Bringing the Euro into the Twenty-First Century: Key Legal Issues for the European Central Bank to Consider in the Development and Issuance of a European Central Bank Digital Currency

Odhran Stynes

Legal Personality is a Spectrum: Recasting Legal Personality and how Artificial Intelligence May Utilise This

Ryan Mullen

The Future for Employees affected by Irish Corporate Insolvencies: A Déjà vu or can Ireland find a solution?

Elaine Dunne

Foreword

Mr Justice Frank Clarke, Chief Justice

Editorial Preface to the 20th Volume

Rachel Mullally

What a Way to Make a Living: Agency Work and Disguised Employment in Ireland

Kevin O’Connor

An Unhappy Marriage: The EU and the Divorce Jurisdiction System under Brussels II Bis

Jane Reddin

Restricting Religious Clothing in the Workplace: A Critical Examination of Legitimate Aims

Shay Buckley

Mediterranean Maritime Migration: The Legal Framework of Saving Lives at Sea

Aphrodite Papachristodoulou

Misogyny and Hate Crime – A Principled Basis for including Gender as a Protected Characteristic under UK Hate Crime Law?

Erin Nic an Bhaird

Foreword

Ms Justice Aileen Donnelly, Judge of the Court of Appeal

Editorial Preface to the Nineteenth Volume

Caoimhe Gethings and Sean Hurley

The End of the Plea: Marital Coercion in England and Wales 1898 to 2014

John P. Byrne

Where Gender Equality and Environmental Law Meet: Appointing a Gender Focal Point for Ireland

Honor Tuohy

The Immortal Icon: A Critical Analysis of Post-Mortem Publicity Rights in the United States

Aoife McCormick

Should the Defence of Provocation Be Available to Battered Women Who Kill?

Caroline Murphy

The Role of Public Interest Law in Irish Drug Reform

Celia Reynolds

Foreword

Ms Justice Mary Finlay Geoghegan, Judge of the Supreme Court

Editorial Preface to the Eighteenth Volume

Daniel Goode

Third-Party Funding in International Arbitration: The Irish Perspective

Jessica Lacey

Voluntary Patients under the Mental Health Act 2001: Inadequate Protection and Delayed Reform

Liam O’Driscoll

A Far Cry from Fine: Inequality of Impact and Irish Fines

Medahbh Guidera

A Miscarriage of Justice: Courts-Martial: In Camera and the Legal Response to the 1916 Rising

Eamonn R. Butler

Under Clerys Clock: An Analysis of How and Why Irish Company Law Failed in the Liquidation of Clerys Department Store

Joshua Kieran-Glennon

Foreword

Ms Justice Miriam O’Regan, Judge of the High Court

Editorial Preface to the Seventeenth Volume

Melissa O’Sullivan

The Criminal Cartel Offence: Considerations for Effective Enforcement

Barry O’Fiacháin

Dissenting Opinions in Investment Treaty Arbitration: The Investment Court System

Ylli Dautaj

Echoes from Empire: The Free State Seanad (1922-1936) and the Battle for Seanad Eireann’s Future

John M Gallagher

Does Japan Need to Incorporate the Defence of Fear Use into Its Copyright Act

Aidan Ann Murray

Reviewing the Posted Workers Directive Two Decades On

Julia Beckmann

The Paris Agreement: Effectiveness Analysis of the New UN Climate Change Regime

Ezgi Ediboglu

Foreword

Ms Justice Mary Finlay Geoghegan, Judge of the Court of Appeal

Editorial Preface to the Sixteenth Volume

Caroline Bergin-Cross

The Value of Harm

Mike C. Materni

Legalising Exploitation – The Position of Migrant Workers under Irish Employment Law

Melissa O’Sullivan

The Appellate Jurisdiction of the Houses of Lords of Ireland and Great Britain: Chief Baron Jeffrey Gilbert’s Role in the Annesley v Sherlock Affair

Michael Sinnott

Space Invaders: Why the Introduction of Drones Requires a Clarification of Airspace Property Rights in Ireland

Mervyn Murphy

The Greater of Two Evils – Examining Sentencing Variations in the Irish Courts: A Critical and Methodological Appraisal

Liam Depsey

A Critical Comparison of the Position in Ireland and Hong Kong regarding the Prohibition of Discrimination on Sexual Orientation Grounds in the Workplace

Clara Hurley

Foreword

Ms Justice Iseult O’Malley, Judge of the High Court and Nominee to the Supreme Court

Editorial Preface to the Fifteenth Volume

Matthew Gregg

Transgender Recognition in Germany: The Role of the German Courts

Johanna Schmidt-Rantsch

An Insurrection in Print: The Freedom of the Press in Ireland between 1880 and 1891

Patrick Fitzgerald

Where Equity Breaks Down: Tracing Stolen Money in Mixed Funds

Timothy Liang

Re-Charting Conflict Resolution Designs through a Structure/Agency Explication of War and Peace in Northern Ireland

Ofrit Liviatan

The Devil in the Detail: The Impact of Opinion 2/13 on the Co-Respondent Mechanism and the Prior Involvement Procedure

Vilian Mladenov

Foreword

Dr Carol Coulter, Director of the Child Care Law Reporting Project

Editorial Preface to the Fourteenth Volume

Yvanne Kennedy

Evolving Changes to the in Camera Rule in Family Law Proceedings Expert Commentary

Carol Coulter

The Migrant Struggle for Equality in Ireland Fighting with the Law

Deborah Magill

Is Possession Enough: International Law and Territorial Disputes in the East China Sea

Barry O’Fiacháin

The Right to Confrontation, Hearsay, and the European Court of Human Rights

Eoin O’Connor

Private Standards based on Sustainable Production Methods: A View from Global Environmental Governance

Maria-Alejandra Calle

Is It the Case that Conditionality in the Northern Ireland Social Security System Has Gone too Far?

Conor McCormick

The International Right to Healthcare in Immigration Detention: Minimum Standards under Pubic International Law

Barrett Schitka

Foreword

Mr Justice William M McKechnie, Judge of the Supreme Court

Editorial Preface to the Thirteenth Volume

Miriam Keane

The Inclusion of Aviation into the European Union’s Emissions Trading Scheme: Motivations, Economic and Legal Implications, and the Turbulent Journey Ahead

Grit Groeke, Dustin Klaudt, Eoin Lee and Tobias Track

Restorative Justice: Encouraging More Meaningful Engagement with the Criminal Justice System

Cian Logan

Negative Pledge Clauses and the Interplay between Legal and Non-Legal Sanctions

Nicholas Liddane

A Matter of Evidence: Sacerdotal Privilege and the Seal of Confession in Ireland

Martin O’Dwyer

Legal or Social Revolution – The Birth and Death of a Legal System

Cian Ó Concubhair

Elegantia Juris Foreword

Mr Justice Gerard Hogan, Judge of the High Court

Editorial Preface to the Twelfth Volume

Cliana O’Carroll

Peccatum Illud Horrible Inter Christianos Non Nominandum – The Prosecution of Homosexuality in English and Irish Law, 1533-1993

Kieran McCarthy

The Untold Benefits of Insolvency Law for Employment

Ian Dalton

United States v Sanchez: Predicting American Federal Corruption Prosecutions Post-Skilling

Devlin Su

Bad Medicine and Worse Resolutions: Why the HSE Should Embrace Mediation as a Response to Medical Negligence Claims

Donal Scott

Multilingual Treaty Interpretation in the European Union

Stephen Gerard Brittain

Mortgage Modification as a Solution to Ireland’s Mortgage Market Crisis: Drawing on Experience in the United States to Successfully Implement the Personal Insolvency Bill 2012

Jodie-Jane Tingle

Foreword

Ms Justice Mary Finlay Geoghan, Judge of the High Court

Editorial Preface to the Eleventh Volume

Liane Egan

Trade in Pharmaceuticals under the TRIPS Agreement

Baskaran Balassingham

Legal Responses to a History of Feudal Tenure in Ireland

Deirdre Ní Annracháin

United Nations Security Council Anti-Terrorism Resolutions: Ramifications for the Rule of Law

Tom de Boer

Competing Priorities in Antitrust Enforcement: Europe and the New Economy

Robert Ennis

Putting Torture in Its Place: A Brief Examination of the Relationship between Torture and Human Rights

Edward Keegan

A View from across the Water: Why the United Kingdom Needs to Sign, Ratify and Incorporate Protocol 12 to the European Convention on Human Rights

Joel Quek

Foreword

Mr Justice Donal O’Donnell, Judge of the Supreme Court

Editorial Preface to the Tenth Volume

Damien Kieran and Ian Dalton

The Economics of Crime Control

Shannon Michael Haynes

O’Keeffe v. Hickey: An Irish Extrapolation on the Law concerning Vicarious Liability

Ronan R Condon

How Free is the Free Movement of Students in the European Union – An Analysis of Third-Level Cross-Border Education

Vhristina Gotzelmann Christina

The Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010: Are the Proposals Compliant with the European Convention on Human Rights

Maria Murphy

Comparative Law in the Reasoning of the European Court of Human Rights

Kanstantsin Dzehtsiatou

Crime Prevention through Environmental Design: A Framework for Ireland

Grace O’Connell

Foreword

Mr. Justice Nial Fennelly, Judge of the Supreme Court

Editorial Preface to the Ninth Volume

Rónán Condon and Damien Kieran

Human Rights and Smart Economics: Mainstreaming Gender in International Trade Policy

Maeve O’Rourke

Choice of Forum in International Human Rights Adjudication and the Unity/Fragmentation Debate: Is Plurality the Way Ahead

Lucas Lixinsky

On Good Intentions and Poor Outcomes: A Critical Retrospective on Chester v Afshar

Kristof Zoltan von Csefalvay-Bartal

Immigration in the European Union: Family Reunification after the Metock Case

Diego Acosta Arcarazo

Comparative Law in the Reasoning of the European Court of Human Rights

Kanstantsin Dzehtsiatou

The European Community Legislative System: What Influence Do National Parliaments Have

Daniela Corona

Foreword

Mr Justice Liam McKechnie, Judge of the High Court

Editorial Preface to the Eighth Volume

Rónán Condon and Maria Antonieta Nestor

Data Retention, the Separation of Power in the EU and the Right to Privacy: A Critical Analysis of the Legal Validity of the 2006 Directive on the Retention of Data

Cathal Flynn

Connecting the Triangle: Aligning Justice, Trade and Development

Stephanie Switzer

What Have We Got Ear Then: Developments in Forensic Science: Earprints as Identification Evidence at Criminal Trials

Simon Halpin

The Oligopoly Problem in EC Competition Law: Is a Solution Possible

Richard Kelly

The Regulation of Fantasy in Child Pornography Legislation: A Comparative Analysis of Canada and Ireland in Relation to Other First World Countries

Shawna Coxon

Foreword

Nial Osborough, Professor of Law, UCD

Editorial Preface to the Seventh Volume

Noel McGrath

International Trade Law and the Environment: Designing a Legal Framework to Curtail the Import of Unsustainably Produced Biofuel

Stephanie Switzer

The Constitutional Vindication of Socio-Economic Rights: A Catholic Perspective

Dominic McGrattan

The Interaction between Religious Freedoms and Non-Discrimination in Irish Constitutional Jurisprudence

Niamh Cleary

Private Food Safety and Quality Standards and the WTO

Donal Casey

Rethinking Formalities in the Sale of Goods: Lessons from America

Frank Kennedy

Bearing False Witness against Your Neighbour: The Evolution, Perils and Possibilities of the Development of Qualified Privilege in Defamation Law

Deirdre Kelly

Foreword

Mr Justice John L Murray, Chief Justice

Editorial Preface to the Sixth Volume

Stephen O’Halloran

Assessment of Coordinated Effects in Merger Control: between Presumption and Analysis

Fabio Polverino

Duelling with Dworkin: Political Morality in Constitutional Adjudication

Francis Kieran

The High Court Goes Bananas: An Overview of the Law on Insider Dealing in Light of Fyffes v DCC

Niamh M Mulholland

The British Constitution, Sovereignty of Parliament, and the Rule of Law: Liversidge v. Anderson Revisited

Can V Yeginsu

Structural Reasoning and the Relationship between the Irish Constitution and European Law

James Mulcahy

Questioning Yusuf: Quis Custodiet Ipsos Custodes

Cian C Murphy

A Right to Artistic Blasphemy – An Examination of the Relationship between Freedom of Expression and Freedom of Religion, through a Comparative Analysis of UK Law

Ellen Wiles

Supreme Iraqi Criminal Tribunal: A Victory of Justice or Victors’ Justice

Aoife Drudy

Foreword

Paul Gallagher SC, Bencher of the King’s Inns

Editorial Preface to the Fifth Volume

Niamh Howlin

Database Copyright and Sui Generis Rights: Cheating a Problem for the Labourer

Salley Anne Hinfey

The Conscience of the Nation: Socio-Economic Rights and the Irish Constitution

Ciaran Lawlor

Symptoms of Insecurity: Banks, Sureties and Third Party Undue Influence

Shane Ryan O’Brien

Parallel Importing of Pharmaceuticals in the EU: A Case for the Exceptional Treatment of Pharmaceuticals as Regards Application of the Doctrine of Exhaustion of Intellectual Property Rights

Aoife Nic Lochlainn

Time Up – National Time Limits and the Enforcement of Community Law Rights

Karl Browne and Steffen Mohnfeld

Fame and Privacy: Mutually Exclusive – A Comparative Analysis

John Francis Curry

Foreword

Ms Justice Susan Denham, Judge of the Supreme Court

Editorial Preface

John Curry

Frustrating the Rights Out of You: The Doctrine of Frustration and Employment Contracts

Cliona Kelly

Anxiously Awaiting Heightened Scrutiny: Recent Developments in Wednesbury Unreasonableness

Deirdre Moynihan

Online Education and Copyright Law: A Law Reform Proposal

Thomas Mohr

All That Glitters – ReWait, Section 16 and the Peril for the Pre-Paying Buyer: Is it Time for a Fresh Approach

James Crinion

Challenges Ahead: The Impact of the Draft Constitutional Treaty on the Court of Justice

Emer O’Connor

Time for Answers: The Lingering Uncertainty for Mothers under the Age of Sixteen

Robert C Fitzpatrick

Paternalism and the Law: Taking a Closer Look

Eileen King

Chief Justice Keane: The Modern Man and the Constitution

Mary Townsend

Foreword

Mr Justice Declan Budd, President of the Law Reform Commission

Editorial Preface

Jennifer Schweppe

Beyond Abortion: The Right to Life of the Unborn Child under Irish Law

Jennifer Schweppe

A Mercenary World: A Legal Analysis of the International Problem of Mercenarism

Niall Canny

The Mistake of Lord Philips M.R.: Common Mistake in Equity under Attack

John Curry

Unimplemented Directives – Re-examining the Need for Horizontal Direct Effect

Garret O’Brolcháin

Patent and AIDS Drugs: The Solutions are There – It’s Just a Matter of Implementing Them

Deirdre Moynihan

Defamation, the Media and the Public Interest: A Constitutional and Comparative Analysis of the Case for Reform

Ciara Murphy

Reform of the Defence of Insanity: The Criminal Law – Insanity – Bill 2002

Deirdre Barnicle

Foreword

President Mary McAleese, Uachtarán na hÉireann

Editorial Preface

John Byrne

Some Classes are More Equal than Others: The Expansion of Anti-Discrimination Protection in the European Union

Andrew B Bednark

Non Consultant Hospital Doctors: A Human Rights Analysis of Working Conditions

Nuala Ní Mhuircheartaigh

Angonese: An Unwarranted Extension of the Scope of Community Law

Kathryn Thomas

Evidence of Infanticide and Exposure in Antiquity: Tolerated Social Practice, Uncontrolled Phenomenon or Regulated Custom

Karen Brennan

Absence of Consent as a Ground for Nullity: English and Irish Law Compared

James McDermott

A First Year Perspective: Educational Negligence

Emma Fee

Foreword

Mr. Justice Ronan Keane, Chief Justice

Editorial Preface

Niall Buckley

The Captive Vote: Prisoners’ Suffrage in Ireland

Caoilfhionn Gallagher

A Receiver’s Duty of Care on the Sale of Charged Property: The Irish and English Approaches Contrasted

Mark Walsh and Mark O’Riordan

E-Commerce and International Arbitration

Cian Ferriter

Forty Years of the European Social Charter: Celebration or Commiseration

Cormac Mac Amhlaigh and Martin Nedelka

Your Place or Mine – Jurisdiction over Internet Sales

Alan V Meehan

What’s in a Name – A Comparative Analysis of the Approaches to Character Merchandising Law and Their Potential Relevance in an Irish Context

Niall Buckley

The Individual v the State: Sovereignty and Individual Rights in International Law

Timothy Cleary