Browsing School of Law by Title
Now showing items 1-20 of 281
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2020 Amendment, the 'Full Growth' of the Chinese Copyright Regime?
(2022)On 1 June 2021, Copyright Law of the People’s Republic of China 2020 Amendment came into enforcement and became a milestone in China’s short 30-year copyright history. Two revisions in the Amendment are fundamental and of ... -
A comparative study of fundamental rights in South Africa and Ireland with specific emphasis on human dignity
(Trinity College (Dublin, Ireland). School of Law, 2011)Since the post-apartheid constitutional era connmenced almost two decades ago, there have been many progressive judicial decisions on fundamental rights in South Africa. By contrast over the same period, the longer-established ... -
A perfection of means and confusion of aims : finding the essence of autonomy in assisted death laws
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis was developed through standard library-based research methods as well as legal research conducted via the internet and electronic databases including LexisNexis, QuickLaw, Westlaw and HeinOnline as well as the ... -
A theory of institutional separation for the administrative state
(Trinity College (Dublin, Ireland). School of Law, 2007)In its efforts to elaborate an institutional theory of separation for the administrative state, this thesis employed a number of distinct methodologies. Its key methodological step was the development of evaluative criteria ... -
Adapting Work to the Worker: the Evolving EU Legal Framework on Accommodating Worker Diversity
(2018)The changing profile of the European workforce creates pressure to adapt the working environment in order to accommodate worker diversity, such as that related to disability, religious practice or caring responsibilities. ... -
Addressing gender imbalance on boards of state-owned enterprises in Ireland through regulatory intervention : a hard and soft law perspective
(Trinity College (Dublin, Ireland). School of Law, 2017)This thesis aims to analyse different regulatory approaches and identify how regulation can be effectively used to address gender imbalance on boards of Ireland’s SOEs. The research is conducted through a theoretical and ... -
Administrative Action, the Rule of Law and Unconstitutional Vagueness
(Manchester University Press, 2017) -
The Alberta Liquor Control Board and the Question of Administrative Independence, 1924-1939
(2016)This article discusses administrative independence by using Alberta’s first attempt at creating a Liquor Control Board as a case study. The article examines the relationships between the Board, the government, and the ... -
An analysis of Irish bribery law
(Trinity College (Dublin, Ireland). School of Law, 2015)The bribery offences are a much neglected area of law, both from an academic and from a practical perspective. Although the existing statutory offences can trace their origins to the dawn of the twentieth century, there ... -
An audit of Irish mental health law for compliance with international human rights norms in respect of seven categories of 'mental health rights claims' : positive and negative findings, and recommendations for reform
(Trinity College (Dublin, Ireland). School of Law, 2011)This thesis subjects the legal regulation of the civil mental health law regime in Ireland to a ‘human rights audit’ subsequent to the implementation of the Mental Health Act 2001 (MHA 2001). The following structure is ... -
An examination of the extent to which reckless conduct precipitated the contemporary global financial crisis and an ensuing evaluation of existing and potential appropriate sanctions and offences for deemed reckless conduct in respect of corporate governance and with an express focus on the financial sector
(Trinity College (Dublin, Ireland). School of Law, 2016)The curious question of further expanding legal provisions to deter against reckless conduct and excessive risk-taking, having regard to the financial sectors and indeed corporate governance generally, is undoubtedly one ... -
Are the existing mechanisms and instruments available to the institutions of the EU sufficient to achieve effective harmonisation of Member States' direct tax regimes?
(Trinity College Dublin. School of Law. Discipline of Law, 2018)This thesis examines the various mechanisms and instruments available to the institutions of the EU with a view to determining whether they could enable the EU to achieve an effective harmonisation of the Member States' ... -
Article 20
(Hart Publishing, 2014) -
Assembly-lines and obstacle courses : the pre-trial process in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2008)This is a study of the pre-trial process in Ireland, i.e. the early, investigative stage of the criminal process. From the early years of the State up to the present, this element of the Irish criminal justice system has ... -
Bail and the use of pre-trial detention: findings from an empirical study
(2018)This paper examines the operation of bail and the use of pre-trial detention in practice. The findings presented here come from an empirical study I have recently completed along with David Perry BL on the use of pre-trial ... -
Behind 'The Last Door': Prison Managers' Experiences of Accountability and Oversight
(Trinity College Dublin. School of Law. Discipline of Law, 2022)Prison oversight is regarded by penology scholars as an essential means by which human rights and humane conditions in prison are upheld. However, despite significant growth in the number of oversight bodies in Ireland, ... -
Between Dominance and Subservience: A Comparative Study of Executive Power in Ireland, the United Kingdom, and the United States.
(Trinity College Dublin. School of Law. Discipline of Law, 2021)This thesis undertakes a comparative constitutional analysis of the position of the political executive in Ireland, United Kingdom, and the United States. I address three central questions. First, why has the executive ... -
Beyond corporate incapacity, or, how I learned to stop worrying and love the ultra vires doctrine
(Trinity College (Dublin, Ireland). School of Law, 2009)The research contained in this thesis was conducted by employing the conventional techniques of academic legal research, drawing on a variety of primary and secondary legal materials. The law governing the principal topics ... -
Blockchain, Securities Markets and Central Banking
(https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3007402, 2017)