Law School: Recent submissions
Now showing items 201-220 of 319
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From the Lab to the Market
(Council for Responsible Genetics, 2015)With traditional genetic testing, doctors collect DNA samples, explain test results and advise patients on treatment options. With direct-to-consumer (DTC) genetic testing, private companies provide genetic tests and results ... -
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 ... -
Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment
(Hart Publishing, 2017) -
Constraints on Constitutional Amendment Powers
(Hart Publishing, 2017) -
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 ... -
The integration of Islamic finance into the Irish legal system : current issues and future challenges
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis examines the accommodation of Islamic finance in the Irish legal system. It considers current issues and future challenges which may arise should Islamic financial products and transactions be offered under ...
