Law School (Theses and Dissertations): Recent submissions
Now showing items 81-100 of 156
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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' ... -
The Law of Securitisation in Ireland
(Trinity College Dublin. School of Law. Discipline of Law, 2018)The process of securitisation is a new and innovative financing method that enables capital utilisation, improves market efficiency and allows a better allocation of risk. Evolved over the last few decades, securitisation ... -
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 ... -
Power in The Wind
(Trinity College Dublin. School of Law. Discipline of Law, 2018)Employing the uncertain pursuit of Ireland's 2020 renewable electricity target as a case study, this thesis examines the role of law, policy and regulation in the promotion and development of wind energy. Specifically, ... -
The Constitutional Boundaries of European Fiscal Federalism: A Study of Public Finance Governance in the European Economic and Monetary Union
The first principal task of this research undertaking is to identify the constitutional boundaries of fiscal federalism that are integral to the stability of the European Union legal order as a whole. The second principal ... -
Reassessing the approach to jurisdiction in civil and commercial matters: Party autonomy, categorical equality and sovereignty
(Trinity College Dublin. School of Law. Discipline of Law, 2018)The subject of conflict of laws and the topic of judicial jurisdiction in particular are not often theorised about. This work aims to contribute to the scholarship in the area by offering a revised look on values ... -
Freedom or Free-For-All in Irish Healthcare? Establishing Improved Consumer Protection Mechanisms in the Irish Complementary and Alternative Medicine Sector
(Trinity College Dublin. School of Law. Discipline of Law, 2017)Despite political rhetoric, the establishment of working groups, and the publication of commissioned reports in the early and mid-2000s recommending improvements in the regulation of the Irish complementary and alternative ... -
Medical Negligence Litigation in Nigeria: Identifying the Challenges and Proposing a Model Law Reform Act
This thesis examines the present law and practice of Nigeria in relation to medical negligence litigation and makes proposals for reform. The present position is highly problematic. There are major shortages in medical ... -
On the origins and evolution of the Revenue Rule: the quest for certainty
(Trinity College Dublin. School of Law. Discipline of Law, 2017)The thesis advanced in this work is that the Revenue Rule, which stipulates that whilst forum courts may recognise a foreign tax law, they will not enforce it, does not meet the criteria of certainty. Uncertainties arise ... -
The data privacy / national security balancing paradigm as applied in the USA and Europe: Achieving an acceptable balance
(Trinity College Dublin. School of Law. Discipline of Law, 2017)The overall research question addressed in this thesis is the data privacy/national security balancing paradigm, and the contrasting ways in which this operates in Europe and the U.S. Within this framework, the influences ... -
A proposal for a single model of equitable estoppel
(Trinity College Dublin. School of Law. Discipline of Law, 2017)The research objectives were to build a unified equitable estoppel model that simplified the irregularities in the equitable estoppels as identified in England, while consolidating the essential principles to be applied ... -
Protecting childhood: a children's rights approach to the interpretation of the 1951 Convention relating to the Status of Refugees
(Trinity College Dublin. School of Law. Discipline of Law, 2017)This thesis explores the possibility of a children?s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children?s rights approach, ... -
The role of the state in migration control
(Trinity College (Dublin, Ireland). School of Law, 2015)The basic premise that states have an absolute discretion to control migration across their territorial borders has become ossified to such an extent as to render its questioning controversial. Yet the more one delves into ... -
The influence of culture on food safety regulations and international trade disputes
(Trinity College (Dublin, Ireland). School of Law, 2014)This thesis investigates the role of consumer based and cultural influences in the area of food regulation and international trade. Firstly, the thesis endeavours to identify the essence and manifestation of these influences. ... -
Tory language and Whigg measure : Edmund Burke on manners, history, and law
(Trinity College (Dublin, Ireland). School of Law, 2002)This dissertation investigates the complex relationship between manners, history, and law in the writings of Edmund Burke. In sum, this relationship was rooted in a naturalism based, not in eternal verities, but in the ... -
The sovereignty of the Irish People
(Trinity College (Dublin, Ireland). School of Law, 2015)My research addresses the question of what role the People play in the Irish constitutional order. This leads to several related enquiries, the most substantive of which is an examination of the doctrine of popular sovereignty ... -
Statutory interpretation and the rule of law in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2014)This PhD thesis addresses the theory that the default preference for literal interpretation in the statutory context instantiates a formal conception of the rule of law. This claim is reflected in the Irish constitutional ... -
The use of external judicial decisions for the determination of substantive international criminal law
(Trinity College (Dublin, Ireland). School of Law, 2014)Within the framework of Article 38(1 )(d) of the Statute of the International Court of Justice (‘ICJ'), this research examines how judges at five international or internationalized criminal courts and tribunals have used ... -
Who says they are special? : reflections on diverse approaches to disability, education and the law
(Trinity College (Dublin, Ireland). School of Law, 2013)Now more than ever, the debate relating to disability rights in education is high on the agenda of the international community and in Western societies. The right to education of persons with disabilities is well recognised ...
