Law School: Recent submissions
Now showing items 161-180 of 319
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Legislating Against Hate Crime: Considering International Frameworks for an Irish Context
(Trinity College Dublin. School of Law. Discipline of Law, 2019)Across the common law world, legislation which has the aim of combating hate crime has become a familiar part of the criminal code. The Irish State has been historically reluctant to introduce hate crime legislation, and ... -
Remedies for defective housing: devising a model for legal redress and regulatory reform
(Trinity College Dublin. School of Law. Discipline of Law, 2019)A number of significant building failures have come to light in Ireland in the past twenty years. These failures widespread non-compliance with Building Regulations, necessitating the evacuation of the Priory Hall apartments ... -
Reconceptualising the First African Women's Protocol Case to Work for All Women
(2019)The ECOWAS Court of Justice is the first human rights body to find a violation of the African region’s women’s rights treaty, the African Women’s Protocol. Nearly 15 years after the adoption of this Protocol, the ECOWAS ... -
Procedural Transparency in Investor-State Arbitration
(Trinity College Dublin. School of Law. Discipline of Law, 2019)The aim of this thesis is to contribute to a paradigm shift from confidentiality to greater transparency in investor-state arbitration by providing a theoretical framework for that paradigm shift and by demonstrating how ... -
The convergence of laws : a typology of implementation models and factors
(Trinity College (Dublin, Ireland). School of Law, 2007)This thesis is divided into five parts and eight chapters. In the first part of the thesis one finds Chapters 1 and 2, which are purely introductory. In the second part one finds the models proposed, within Chapters 3 and ... -
The Irish Statute Book : a constraint on the functioning of a true democracy
(Trinity College (Dublin, Ireland). School of Law, 2006)Comprised of approximately 3,000 Acts enacted since the foundation of the State and a further 500 pre-1922 Acts, the Irish Statute Book has not been subjected to a detailed examination as to its form and present condition. ... -
Influences on the role of law for railways in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2006)The thesis traces influences on the development of the role of law for railways in Ireland. A focus on their place in the milieu of infrastructure, technology, enterprise and administration was used as a framework. The ... -
Declarations of Unconstitutionality in the Common Law Tradition: A Comparative and Theoretical Analysis
(Trinity College Dublin. School of Law. Discipline of Law, 2019)This thesis is a comparative and theoretical study of declarations of unconstitutionality. It combines a comparative analysis of the laws of Ireland, Canada, the United States, India and South Africa with a jurisprudential ... -
Patient Safety and the Law : A Multi-Jurisdictional Comparative Assessment of Strategies to Reduce Medical Error and Improve Patient Safety
(Trinity College (Dublin, Ireland). School of Law, 2017)In 1999, the Institute of Medicine released their landmark report To Err is Human: Building a Safer Health System. The report drew wide-spread attention to the unacceptable number of adverse events occurring within the ... -
Pathogens, punishment and public health : some jurisdictions have not yet prosecuted exposure to, or transmission of, a pathogen during sexual activities - should they do so now?
(Trinity College (Dublin, Ireland). School of Law, 2017)To address the central question, I consider the philosophical and theoretical perspectives relating to criminalisation and punishment, concluding that criminalisation may be justified on a standard harm analysis but that ... -
Judges and resisting penal policy
(2018) -
Who Is Running The Company? Secured Lender Influence over the Board of Debtor Companies.
(Trinity College Dublin. School of Law. Discipline of Law, 2018)Commercially secured lenders may be tempted to interfere in the running of debtor companies. This thesis investigates to what extent directors? duties can act to potentially restrict that influence. It does this by providing ... -
The Conditions for Obtaining Legal Gender Recognition: A Human Rights Evaluation
(Trinity College Dublin. School of Law. Discipline of Law, 2018)This thesis evaluates how human rights law can impact the requirements which states impose as pre-conditions for legal gender recognition. At the international level ? within United Nations and regional human rights ... -
The Corporate Governance of Multiple Sharia' Board Directorship Practice Under the Centralised Approach: A Case Study of Qismut+3 South East Asia Divisional Members of Malaysia And Indonesia
(Trinity College Dublin. School of Law. Discipline of Law, 2018)The raison d'être of this thesis is to scrutinize the corporate governance framework for Islamic financial institutions ( IFIs ) vis-à-vis the multiple Sharia' board directorship practice in two significant members of the ... -
Reconsidering the goals of Irish corporate rescue law : identifying appropriate models and legal provisions suitable for a small open economy
(Trinity College (Dublin, Ireland). School of Law, 2016)The Companies (Amendment) Act, 1990 as amended has proven to be one of the most controversial pieces of commercial legislation introduced in the State. This thesis investigates for the most part formal company rescue law ... -
"The Mythical Value of Voice and Stewardship in the EU Directive On Long-Term Shareholder Engagement: Rights Do Not An Engaged Shareholder Make" Working Paper No.32 Stanford-Vienna EU Law Working Paper Series.32
(2018)Through the lens of assessing the likely regulatory impact of the 2017 EU Directive on Long-term Shareholder Engagement’s amendments to the Directive on Shareholder Rights, this article considers the mythical voice and ...
