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Recent Submissions
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Bring your whole self into work, keep your whole self out
(2025)The theme of this special issue assumes a dichotomy between employees’ free speech and employers’ business interests. It comes as no surprise to labour lawyers to find the interests of employees and employers in tension, ... -
Regulation of subsidies in the civil aircraft industry under the WTO framework
(Trinity College (Dublin, Ireland). School of Law, 2016)The regulation of subsidies has long been an intractable issue in terms of international trade regulation. When it involves the civil aircraft industry, the question of subsidies is even more complex. Conflicts over the ... -
Personal cross-examination of the complainant by the defendant in rape trials : a critical and comparative analysis
(Trinity College (Dublin, Ireland). School of Law, 2016)This thesis seeks to address an issue which, until relatively recently, has been neglected in this jurisdiction. The central aim of this research is to consider the issue of personal crossexamination of the complainant by ... -
Constitutional equality law and the right to education : tackling poverty and class inequality through public interest law
(Trinity College (Dublin, Ireland). School of Law, 2017)This thesis is a study of the constitutional implications of inequality on the basis of poverty, social class and socio-economic status in the education system in Ireland. The core research question is whether the Constitution ... -
Inequality, crime and property offences : a critical analysis of theft in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2016)Inequality, crime and property offences interact and intersect across multiple different spheres. Disentangling the relationship between them requires analysis of economics, sociology, culture, history, law and philosophy, ... -
Fundamentalism and international human rights in Islamic constitutions
(Trinity College (Dublin, Ireland). School of Law, 2016)This thesis explores how Islamic states can simultaneously remain faithful to Sharia and Islamic principles of governance, and uphold modern international human rights norms. This presents several distinct analytical ... -
The jurisdiction to tax Highly Virtual Enterprises
(Trinity College (Dublin, Ireland). School of Law, 2016)Research for this thesis commenced in September 2011, with earlier preliminary research taking place from October 2010. The onus for undertaking this research was a belief that the challenges to international tax law posed ... -
The constitutional boundaries of European fiscal federalism : a study of public finance governance in the European Economic and Monetary Union
(Trinity College (Dublin, Ireland). School of Law, 2017)This study presents a systematic research agenda to identify the constitutional boundaries of European fiscal federalism, and determine which institutional models of fiscal federalism theory are theoretically and empirically ... -
Is it illegal to be autistic? : an analysis of whether the rights situation in different jurisdictions is leading to a silent genocide of autistic persons
(Trinity College (Dublin, Ireland). School of Law, 2017)The aim of this thesis is to investigate a claim made by certain autistic rights activists, that present-day treatment by society of autistic persons amounts to genocide. This is to be viewed especially in conjunction with ... -
The promotion of human dignity : a theory of Tort Law
(Trinity College (Dublin, Ireland). School of Law, 2017)Tort law is viewed by many academic and practitioners as a mixed bag of legal rules with no coherent seam linking its different parts. This view can be traced back to its historical development where tort law became the ... -
The incorporation of expert evidence in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2017)This thesis concerns the incorporation of expert evidence into Irish criminal and civil proceedings. The methodology employed in this thesis is doctrinal legal analysis. It is the product of extensive and detailed analysis ... -
The Problem of Control in Data Protection Law
(Trinity College Dublin. School of Law. Discipline of Law, 2024)Introduced in 2016, the General Data Protection Regulation ('GDPR') marked a significant shift in the balance between individual privacy on one side and the increasingly entwined forces of multinational tech commerce and ... -
The investigation and prosecution of white-collar crime in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2016)This thesis explores the investigation and prosecution of white-collar crime in Ireland with a view to evaluating current law and practice and presenting a vision for reform. The focus of the enquiry is core aspects of the ... -
Re-evaluating the supposed 'clash' between Islamic law and international human rights Law : the impact of God as a nation's public morality
(Trinity College (Dublin, Ireland). School of Law, 2017)This thesis examines the relationship between international human rights law and Islamic law in respect to how each ideology deals with human rights. Although it will be contended that God is fundamental in the construction ... -
The New Anticipatory Governance Culture for Innovation: Regulatory Foresight, Regulatory Experimentation and Regulatory Learning
(2024)With the rapid pace of technological innovation, traditional methods of policy formation and legislating are becoming conspicuously anachronistic. The need for regulatory choices to be made to counter the deadening effect ... -
Support measures for child witnesses in criminal proceedings in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2016)Recent constitutional, legislative and cultural changes have encompassed a significant restructuring of the rights framework for the child in Irish society. This thesis explores how this has affected the child witness in ... -
How has the case law taken by Roma applicants to the European Court of Human Rights affected the interpretation and development of Article 14 of the European Convention on Human Rights?
(Trinity College (Dublin, Ireland). School of Law, 2017)This thesis is based on the development of Article 14 of the European Convention on Human Rights in light of the cases taken by Roma to the European Court of Human Rights. Three distinct areas will be covered: Article 14 ... -
The Horizontal Effect of the European Charter of Fundamental Rights in EU Labour Law
(Trinity College Dublin. School of Law. Discipline of Law, 2024)In 2018, in Bauer and Broßonn, the Court of Justice of the European Union (CJEU) ruled that a worker can enforce the right to paid annual leave against his or her employer based on the Charter of Fundamental Rights of ... -
Maria Grazia Porcedda, The GDPR as a cyber risk management system: the ECJ cautiously tackles data breaches in the NAP case
(European Law Blog, 2024)When the Bulgarian National Revenue Agency (Natsionalna agentsia za prihodite or the ‘NAP’) suffered a malicious data leak in 2019, it joined the growing ranks of organizations affected by cyberattacks. With security ... -
The European Union's Forced Labour Regulation: Putting the `Brussels Effect' to work for international labour standards
(2023)In September 2022, the Commission adopted a proposal for a Regulation on prohibiting products made with forced labour on the Union market. This arises in a context of rising concern over many years about breaches of workers’ ...
