Law Commons^™

Governed By Marriage Law, Deirdre Mcgowan

Books/Book Chapters

Marriage law links the private and the political, connecting the aspirations of individuals to the regulatory ambitions of the state. Marriage has significant social and cultural importance, but the assumptions of stability and care it entails are also useful to government. As a result, marriage law has, both historically and in the present, been offered as the solution to a range of social problems. Using Ireland as a case study example, this essay focuses on the problems which marriage law reform has attempted to address and the political frameworks within which reform took place. It suggests that marriage law is …

Restorative Justice: Review Of Existing Literature, International Norms And Best Practice., Princess Chavez, Christine Cinco, Darragh Drennan

Students Learning with Communities

This report is an annotated bibliography of literature on the practice of restorative justice. It is divided into sections focused on specific aspects of restorative justice and the experiences of a number of European jurisdictions. Each section contains a brief overview of the materials discussed and an exposition of a number of relevant articles. The students completed this research as part of the LLB Bachelor of Law programme. This project was designed and completed in collaboration with the Irish Penal Reform Trust

Does The Provision For Irish Prisoners To Keep In Contact With The Outside Environment Require Reform?, Adrian Berski

Reports

The law of the Republic of Ireland provides that prisoners’ maintain rights in order to conduct connections with the outside world. It is important to mention that currently they are 3,747 people in Irish prisons[1]. This population have rights before the law and they shouldn’t be unreasonable deprived of rights or liberties.

By maintaining a connection with the outside world means that normal elements of the reintegration process can be maintained. This has a significant impact for further prisoner reintegration. It includes rights to visits, correspondence, voting, etc.

The main sources of law, which regulates prisoners’ rights in …

Booklet Of Selected Theses From The Ma In Criminology, Ma In Law, Ma In Child, Family And Community Studies, And The International Masters In Early Childhood Education, 2010-2012, Matt Bowden, Carmel Gallagher, Kevin Lalor

Dissertations

This booklet highlights and celebrates the research work of graduates from taught Masters programmes in the School of Social Sciences and Law:

• the MA in Criminology

• the MA in Law

• the MA in Child, Family and Community Studies

• the International Masters in Early Childhood Education, co-delivered with Oslo and Akershus University College of Applied Sciences (Norway) and the University of Malta (Malta).

The MA in Criminology and the MA in Law commenced in 2006 and the MA in Child, Family and Community Studies commenced in 2007. Each has quickly become established in its field as a …

Union Citezenship: Impact, Influences And Challenges To Irish Immigration Laws., Ewaen Fred Ogieriakhi

Dissertations

The objective of this thesis firstly, is to attempt to explore the impact, influences and challenges that European Union citizenship rules and the adoption of the Citizens Rights Directive has on the right of Union citizens and their family members to reside in Ireland. The thesis examines the shift from “Market Citizenship”- from having adequate financial resources and sickness health insurance for the acquisition of right of residence to now recognizing right of residence for economically inactive persons.¹ The thesis assesses the impact of the relevant Treaty provisions on Free movement of Persons and the case laws of the …

Northern Ireland And The Irish Constitution: Pragmatism Or Principle?:The Mcgimpsey Case, Rory Mcgimpsey

Dissertations

The central theme of my thesis concerns the case of McGimpsey v. Ireland [1990] I.R. 110 and its wider significance. All discussion in the thesis can be traced back to this seminal case. On a wider level, the thesis discusses Articles 2 and 3 of the Constitution, tracing their history from their ideologically irredentist origins through to their amendment following the Good Friday Agreement, with its pluralist, inclusive re-definition of nationality. In essence, the thesis attempts to analyse the relationship between the two jurisdictions in Ireland, and how it evolved over time. I have endeavoured to explain how the 1937 …

'Have We All Gone Bats?' - The Strict Protection Of Wildlife Under The Habitats Directive And Tourism Development: Some Lessons From Ireland, Marc Mcdonald

Articles

This article explores the impact of the legal protection of bats under EU wildilfe legislation on tourism development in Ireland.

Jurisdictions And Causes Of Action In Bullying, Stress And Harassment Cases Part 1, Niall Neligan

Articles

This is the first of a two part article in which the author will critically evaluate the different causes of action and myriad of jurisdictions for bringing a claim in the inter-related fields of bullying, stress and harassment in the workplace from a commercial law perspective. The author will define and trace the separate headings under which the law governing bullying, stress and harassment has evolved. In the second part of the article (which will
appear in the next edition of the journal), the author will examine recent developments in tortious claims for psychiatric injuries arising from bullying, stress and …

Study On Online Hotel Reservation Systems, Frank Alleweldt, Klaus Tonner, Marc Mcdonald

Articles

This study, conducted by Civic Consulting, looks at both pre-contractual and contractual matters concerning online hotel reservation systems, examines relevant Community rules, identifies gaps and, where needed, discusses possible policy options. Key conclusions The study shows that the impact of Community law on online hotel

The Supremacy Of Ec Law In Ireland, Elaine Fahey

Articles

No abstract provided.

Jurisdictions And Causes Of Action: Commercial Considerations In Dealing With Bullying, Stress And Harassment Cases-Part Ii, Niall Neligan

Articles

In the concluding part of this two part article, the author will
examine how the courts have developed rules for dealing with
tortious claims for psychiatric injuries arising out of bullying, stress
and harassment cases. The article will examine whether it is
desirable to consolidate and codify employment rights law in order
to provide clarity to prospective litigants. Finally, the author will
argue that if codification is required, then this will necessitate a
change in the nature of present jurisdictions for bringing claims
involving bullying, stress and harassment in the workplace.

Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan

Articles

The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …

The Irish Challenge To The Data Retention Directive, Elaine Fahey

Conference Papers

No abstract provided.

Study On Safety And Liability Issues Relating To Package Travel, Frank Alleweldt, Klaus Tonner, Marc Mcdonald

Articles

This study on safety and liability issues relating to package travel, package holidays and package tours highlights some of the gaps in the EU package travel law by answering a number of specific questions related to statistical evidence, Community legislation, and US legislation. It also suggests possible solutions to fill these gaps. The study was prepared by Civic Consulting and is based on a legal analysis, a literature review, an evaluation of statistical data, and on interviews with European and national travel and tour operator associations, individual tour operators, European and national associations of insurers, individual insurance companies, and European …

Irish Legal System.Com; An Educational Game About The Irish Legal System, Peter Dee

Dissertations

The major project is about the design, development and implementation of an educational game which focuses on the Irish legal system. The written report describes how the idea for the game came about, how the project was managed and implemented, and how it works to provide the user with information about principal areas of law in Ireland. The project involved four phases across a fifteen week calendar schedule. Each phase was broken down into separate steps to enable easier management. Milestones were used to indicate progress and best practices were followed throughout each stage of the project. Research material and …

Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan

Articles

The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,
outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact
it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement …