Law School: Recent submissions
Now showing items 101-120 of 319
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The legal scope to use public procurement to achieve horizontal objectives
(Trinity College Dublin. School of Law. Discipline of Law, 2020)The fundamental object of public procurement concerns the acquisition of a product, the delivery of a service or the completion of a work. Where a contracting authority seeks to incorporate criteria which are not necessary ... -
Rights and Recommendations: Prison Perspectives on the Committee for the Prevention of Torture
(2020)The European Committee for the Prevention of Torture (CPT) is a supranational human rights monitoring body tasked with carrying out visits to places of detention across Europe. The CPT is unique in its activities as a ... -
Rights & Recommendations: Prison Perspectives on the European Committee for the Prevention of Torture
(2020)In 2018, Ullersmo Prison in Norway and HMP Edinburgh in Scotland were visited by a European inspection body, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ... -
The European Committee for the Prevention of Torture and the Gendered Experience of Imprisonment
(2019)The European Committee for the Prevention of Torture (CPT) is a supranational human rights monitoring body tasked with carrying out visits to places of detention across Europe. The CPT is unique in its activities as a ... -
Well-Being, Skills and Work in a Neorepublican EU: The Case of Third-Country Nationals
(Trinity College Dublin. School of Law. Discipline of Law, 2020)This is a work in special analytic jurisprudence and applied normative political theory. It applies neorepublican political theory to people at work in the EU, taking third-country nationals as a case study. Empirical data ... -
The Occupying State as Legislator in Occupied Territory: Challenges to the duty imposed by the international law of belligerent occupation to respect the existing law and institutions in occupied territory
(Trinity College Dublin. School of Law. Discipline of Law, 2020)The Occupying State as Legislator in Occupied Territory: Challenges to the duty imposed by the international law of belligerent occupation to respect the existing law and institutions in occupied territory Author: David ... -
Regulating home care of older people: the inevitable poor relation?
(2007)This article discusses the regulation of home care of older people in Ireland in light of the enactment of the Health Act 2007 and examines models for regulating domiciliary care in the UK, Germany and the United States. -
The Responsible Director in an Economic Downturn: Lessons from the Restriction Regime
(2009)This article discusses the legal duties of directors when a company is in financial difficulties and may be heading towards insolvency. -
What explains the crime/tort distinction? Developing and applying Razian theory
(Trinity College Dublin. School of Law. Discipline of Law, 2020)This thesis is a work of legal theory within the discipline of philosophy of action and more particularly the field of practical reason theory. The thesis asks the question: What explains the crime/tort distinction? It ... -
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 ... -
Sex, Race, and Motel Guests: Another Look at King v Barclay
(2017)The 1961 case of King v Barclay is something of a footnote in the history of discrimination against Black Canadians. If it is cited at all, it is usually cited alongside the more famous racism cases, such as Christie v ... -
Reading the fine print when buying your genetic self online: direct-to-consumer genetic testing terms and conditions
(2017)Contracts are ubiquitous online. Clickwrap and browsewrap agreements are to be encountered on almost every website a person engages with when accessing services online. Through these documents, people enter into binding ... -
Comparative Defamation and Privacy Law - Irish Perspectives
(2017)This piece is a review article of Andrew T Kenyon (ed) Comparative Defamation and Privacy Law (Cambridge University Press, 2016). In the Preamble to Bunreacht na hÉireann (the Irish Constitution), the People declare ... -
Property and Proportionality: Evaluating Ireland's Tobacco Packaging Legislation
(2017)This article evaluates the constitutionality of the restrictions upon tobacco packaging in Ireland in the Public Health (Standardised Packaging of Tobacco) Act 2015 and Part 5 of the Health (Miscellaneous Provisions) Act ... -
Compensation for Breach of the General Data Protection Regulation
(2017)Article 82(1) of the General Data Protection Regulation (GDPR) provides that any ‘person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive ... -
Foreign Law, Constitutional Cases and Theoretical Authority
(2016)The judicial use of foreign law in constitutional cases is often unsatisfactorily explained in terms of persuasive authority, judicial learning or judicial dialogue. In this article, I argue that the central case of the ... -
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 ...
