Staff Publications - School of Law
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Staff research involves rigorous theoretical engagement and critical analysis leading to research outputs published by leading national and international academic presses.
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128 publications from 2020
United Nations, Seventy Years of the International Law Commission - Drawing a Balance for the Future, Brill, 2020
Rachael Walsh, Opinion on the Implications of Constitutional Property Rights for Responses to the Housing Crisis', 2020
Rachael Walsh, Climate Change Retrofitting Obligations - Ireland, 2020
Imformation Polity, Online, Sage/IoS Press, [Guest editor to special issue 'Questioning Modern Surveillance Technologies', alongside Johann Cas, Paul de Hert and Charles Raab], 2020-2024
Róisín Áine Costello, World Bank Report on Women, Business and the Law, Irish Centre for European Law, 2020
Róisín Áine Costello, Adam Hanna, Courtroom Dialogues and Feminist Legal Theory in Irish literature, Irish Studies Review , 28, (3), 2020, p370 - 384
Róisín Áine Costello, Adam Hanna, The Impacts of AdTech on Privacy Rights and the Rule of Law, Technology Regulation , 2, (1), 2020, p11 - 29
Róisín Áine Costello, Adam Hanna, Conflicts Between Intellectual Property and Consumer Property Rights in the Digital Market, European Journal of Law and Technology , 11, (1), 2020, p1 - 24
Christiane Ahlborn, Digital Sovereignty: On How to Use a Double-edged Sword to Shape Norms in Cyberspace, 2020 Conference on Cyber Norms: `Moving Forward: Fragmentation, Polarization and Hybridity in Cyberspace, The Hague, 10-20 November, 2020
Christiane Ahlborn, The Allocation of International Responsibility between International Organizations and Their Member States: A Case of Indirect Responsibility?, European Journal of International Law, 31, (2), 2020, p755--770
Kai P Purnhagen, Josephine Van Zeben, Christiane Ahlborn, Peter Oosterveer, Beyond Food Safety - EU Food Information Standards as a Facilitator of Political Consumerism and International Law Enforcement Mechanism, European Law Review, 2020
Andre Nollkaemper, Jean d'Aspremont, Christiane Ahlborn, Berenice Boutin, Nataša Nedeski, Ilias Plakokefalos, collaboration of Dov Jacobs, Guiding Principles on Shared Responsibility in International Law, European Journal of International Law, 31, (1), 2020, p15--72
In Conversation with Mary Rogan in, editor(s)Lynch, O., Ahmed, Y., Russell, H., Hosford, K. , Reflections on Irish Criminology, Cham, 2020, pp14 , [Mary Rogan]
Michael A Becker, From Inside the Peace Palace: The Working Practices of the International Court of Justice, Exploring the Ecosystem of International Law, Jindal Global University, 14 October, 2020, Jindal Global University
Michael A Becker, Do We Need an International Commission of Inquiry for COVID-19?, EJIL:Talk!, 2020
Michael A Becker, Kingsley Abbott, and Bruno Gelinas-Faucher, Why So Secret? The Case for Public Access to Myanmar's Reports on Implementation of the ICJ's Provisional Measures Order, Opinio Juris, 2020
Michael A Becker, The Plight of the Rohingya: Genocide Allegations and Provisional Measures in The Gambia v Myanmar at the International Court of Justice, Melbourne Journal of International Law, 21, (2), 2020, p428 - 449
David Prendergast, Limiting Consent in Criminal Law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, 2, 2020, p135 - 154
Aileen Kavanagh, Comparative Political Process Review, International Journal of Constitutional Law, 18, (4), 2020, p1483 - 1489
Sarah Hamill and Sarah Keenan, Critical Perspectives on Land Registration, 10/2020-01/2021, 2020, Online/Birkbeck, University of London
Liz Heffernan, Statutory Presumptions Affecting the Burden of Proof: DPP v Forsey [2018] IESC 55, Irish Supreme Court Review, 2, 2020, p101 - 115
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2019, Dublin, Round Hall, 2020, pp628-651 , [Mel Cousins, Gerry Whyte]
Murphy C and Fennelly D, Racial Discrimination and Citizenship and Migration Exceptions: Reconciling EU and International Human Rights Law, VU Amsterdam, 19-20 November 2020, 2020
Andrea Mulligan, Recent Developments in the Law of Assisted Human Reproduction in Ireland, Medico-Legal Society of Ireland Webinar, 12 December 2020, 2020
Andrea Mulligan, Limitations in Human Rights and Public Health Laws - Invited Discussant, The Protection of Human Rights in Infectious Disease Control: Lessons for Global Health Governance from a Comparison of National Judicial Practice, Queen's University Belfast, 12 - 13 Nov 2020, 2020
Andrea Mulligan, Beware "Best Interests" In the Regulation of Reproductive Gene Editing Technologies, Society of Legal Scholars Annual Conference 2020, Preston, 2 September 2020, 2020
Andrea Mulligan, The Law of Assisted Human Reproduction in Ireland (Webinar), Family Lawyers Association of Ireland CPD Lecture Series, 7 May 2020, 2020, Family Lawyers Association of Ireland
Andrea Mulligan, State Obligations and Gamete Donor Anonymity under Article 8 of the European Convention on Human Rights, The complicated relationship between genetic relatedness, the family, and the state, Umea, Sweden, 8 May 2020, 2020
Andrea Mulligan, The Developing Law of Open Disclosure in the Republic of Ireland, Wellcome Workshop: PATIENT SAFETY AND REDRESS, Queen's University Belfast, 6 March 2020, 2020
Pandemic Ethics Advisory Group, 'Ethical Considerations for PPE Use by Health Care Workers in a Pandemic', National Public Health Emergency Team, 2020, - 2
Pandemic Ethics Advisory Group, 'Ethical Considerations Relating to Critical Care in the context of COVID-19 ', National Public Health Emergency Team, 2020, - 6
Pandemic Ethics Advisory Group, 'Ethical considerations relating to long-term residential care facilities', National Public Health Emergency Team, 2020, - 11
Pandemic Ethics Advisory Group, 'Ethical framework for decision-making in a pandemic', National Public Health Emergency Team, Gov.ie, National Public Health Emergency Team, 2020, - 19
Pandemic Ethics Advisory Group, 'Procedural Values for Decision Making in a Pandemic', National Public Health Emergency Team, Gov.ie, National Public Health Emergency Team, Department of Health, 2020, - 6
Fennelly, D., Transnational Climate Change Litigation, PILNet Global Forum 2020, Panel on Climate Change, Human Rights, and Public Interest Law, 20 October 2020, 2020
Cox, Neville, Justifying Blasphemy Laws: Freedom of Expression, Public Morals and International Human Rights Law, Journal of Law and Religion, 35, (1), 2020, p33 - 60
Liz Heffernan, The Irish Common Law Trial and European Legal Culture, Common Law and Prisoner Transfer in a Post-Brexit Europe, Northumbria University, Newcastle, UK, 12 November 2020, 2020
Irish Journal of European Law, Dublin, Irish Society for European Law, [Archives Editor], 2020
Liz Heffernan, Irish Criminal Trials and European Legal Culture: A Backdrop to Brexit, Journal of Criminal Law Online First, 2020, p1 - 14
Using food labelling laws to combat childhood obesity: Lessons from the EU, the WTO and Codex in, editor(s)A Garde, J Curtis, O De Schutter, Elgar Studies in Health and the Law , Ending Childhood Obesity: A Callenge at the Crossroads of International Economic and Human Rights Law, Cheltenham, UK, Edward Elgar Publishing, 2020, pp138 - 160, [Caoimhin MacMaolain]
Blasphemy, Freedom of Expression and the Role of Constitutional Rights in, editor(s)Mancini, S , Constitutions and Religion, Edward Elgar, 2020, pp399 - 414, [Cox, Neville]
Fennelly D, The German Federal Constitutional Court's Ruling in the BVerfG Judgment of 5 May 2020, Trinity College Law School, Trinity Centre for Constitutional Governance (TriCON) and Irish Centre for European Law Covid 19 and EU Law Seminar Series, Webinar, 18 June 2020, 2020
Fennelly D, Protecting Personal Data in the Field of Criminal Justice, Academy of European Law Annual Conference on Criminal Justice, Trier, 12 November 2020, 2020
Data Retention in Ireland in, editor(s)Zubik, Podkowik and Rybski , European Constitutional Courts towards Data Retention Laws , Germany, Springer International , 2020, pp137 - 154, [Fennelly, D.]
Ireland in, S. Allegrezza , The Enforcement Dimension of the Single Supervisory Mechanism, Milano, Wolters Kluwer, 2020, pp341 - 380, [B.Clarke]
Sophie van der Valk and Mary Rogan, Prisoner Complaints Mechanisms: Assessing Human Rights Requirements and the Role of a General Ombudsman, European Public Law, 26, (4), 2020, p801 - 822
Bacik, Ivana, ""If Consent is Bought, It Is Not Freely Chosen": Compromised Consent in Prostituted Sex in Ireland, Dignity: A Journal on Sexual Exploitation and Violence, 5, (3), 2020, p1 - 10
A Changing Landscape: Ireland and the #MeToo Movement' in, editor(s)Noel, A. and Oppenheimer, D. (Eds) , The Global #MeToo Movement: how social media propelled a historic movement and the law responded, USA, Full Court Press, 2020, pp139 - 146, [Ivana Bacik]
Bacik, Ivana, 'Legislating for the Nordic Model: Insights for Ireland, Part 2, Irish Law Times, 38, (18), 2020, p270 - 274
Bacik, Ivana, 'Legislating for the Nordic Model: Insights for Ireland, Part 1, Irish Law Times, 38, (17), 2020, p254 - 258
Alexandros Seretakis, The EU's Proposal on a Pilot Regime for Market Infrastructures Based on DLT, Blockchain Ireland Legal and Regulatory Working Group, Ireland, 16 December 2020, 2020
Emilios Avgouleas and Alexandros Seretakis, Ethics, sustainability, and decentralised finance, Digital Capital Markets in Europe- The Challenge of EU Market Integration, University of Helsinki and University of Edinburgh, 2 September 2020, 2020
Alexandros Seretakis, Crises and Financial Regulation, Dublin Law and Politics Review Sustainable Finance Conference, Dublin City University, 25 March 2020, 2020
Gerry Whyte, Begging and Irish law, The Irish Jurist, 64, (2), 2020, p153 - 166
Sociology of contract and property law in, editor(s)Jiri Priban , Research Handbook on the Sociology of Law, Cheltenham, UK, Edward Elgar, 2020, pp258 - 270, [Sarah E Hamill]
Deirdre Ahern, Pandemic Has Opened a Vast Policy Vacuum, The Irish Times, 10 December, 2020, p12 - 12
Rachael Walsh and Sarah Hamill (chapter authors) Deirdre Ahern and Suryapratim Roy (report editors), Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Trinity College Dublin, December, 2020, p1 - 108
Catherine Donnelly, SCCs and EU-UK Data Transfers Post Brexit, Cross-Border Data Transfers, European Circuit, 2020
Catherine Donnelly, "Transparency in Procurement Litigation: Importance, Anomalies and Developments", Developments in Public Procurement Law, Dublin, 8 October 2020, 2020
Catherine Donnelly and Ivan Hare, De Smith's Principles of Judicial Review, 2nd edn, London, Sweet and Maxwell, 2020, 1-1350pp
Oran Doyle and Rachael Walsh, Deliberation in Constitutional Amendment: Reappraising Ireland's Deliberative Mini-Publics, European Constitutional Law Review, 16, (3), 2020, p440 - 465
David Prendergast, Book review: Core Concepts in Criminal Law Volume 1 (Ambos, Duff, Roberts, Weigend, eds), 1826, 2020, -
Maria Grazia Porcedda, Beyond Contact-Tracing Apps: Data Protection Implications of Data-Driven Measures Adopted in Ireland to Contain Covid-19, COVID-19 and Legal Responses on the Island of Ireland, Online, 11 December 2020, 2020
Maria Grazia Porcedda, My experience as a researcher in IT Law specialising in cybersecurity and data protection, European Researchers Night 2020, Online, 27 November 2020, 2020
Sophie van der Valk and Mary Rogan, Experiencing Human Rights Protections in Prisons: The Case of Prison Monitoring in Ireland, European Journal of Criminology, 18, (1), 2020, p101 - 119
CRD IV - The EU's response to corporate governance failings in credit institutions" in, editor(s)D Cash and R Goddard , Regulation and the Global Financial Crisis: Impact, Regulatory Responses, and Beyond , Routledge, 2020, pp190-209 , [B. Clarke]
Regulation of AIFMs and AIFs in Ireland in, editor(s)D.Zetzsche , The AIFM Directive- European Regulation of Alternative Investment Funds, Kluwer Law International, 2020, pp911-924 , [B.Clarke (and M.White) ]
"Cultural reforms in Irish banks. Walking the walk during the COVID-19 pandemic in, editor(s)C. Gortsos and G. Ringe , Pandemic Crisis and Financial Stability, Frankfurt, European Banking Institute, 2020, pp127-154 , [B. Clarke]
Biehler, H., Interlocutory Injunctions - Recent Guidance from the Supreme Court, Irish Law Times, 38, (13), 2020, p190 - 195
Sarah E Hamill, Public Policy or Intent: The Rationale Underlying Easements of Necessity, Dublin University Law Journal, 42, (1), 2020, p63 - 87
Suryapratim Roy, Negotiating Interdisciplinarity in Environmental Law, Asian Development Bank- United Nations Environment Programme 'Train the Trainers' Workshop, New Delhi, November 2020, 2020
Mark Bell , Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 28 September, 2020, Academy of European Law
Mark Bell , Reasonable Accommodation and Fostering the Employment of People with Intellectual Disabilities, EU Instruments to Foster Employment of People with Intellectual Disabilities, Webinar, 15 September, 2020, Inclusion Europe
Liz Heffernan, Evidence in Criminal Trials, Second, Dublin, Bloomsbury Professional, 2020, 1 - 966pp
Liz Heffernan, The Corroboration Requirement for Confession Evidence, Irish Law Times, 38, (16), 2020, p244 - 248
Alexandru Gociu & Suryapratim Roy , Norway's Supreme Court set to rule on whether the country can keep searching for new Arctic oil, The Conversation, 2020, -
Mark Bell , Fratelli Tutti: Pope Francis' Encyclical and Implications for Labour Law , 2020, -
Mark Bell , Bridging a Divide: A Faith-Based Perspective on Anti-Discrimination Law, Oxford Journal of Law and Religion, 9, 2020, p56 - 78
Biehler, H., Procedural Fairness and a Two Stage Process - Why There Can Be No 'Bright Line Rule', Irish Jurist, 63, 2020, p28 - 47
Desmond Ryan, Restating Restraint of Trade: The Implications of the Supreme Court's Judgment in Tillman v Egon Zehnder Ltd, Industrial Law Journal, 2020, p1 - 14
Suryapratim Roy, Human Rights and Democracy after COVID-19, June 2, 2020, Trinity College Dublin
Suryapratim Roy, The Visual Culture of Law, Panel on Invisible Institutionalisms, Law and Society Association Annual Conference, Denver, May 2020, 2020
Suryapratim Roy & Rahul Sambaraju , Indian citizenship has now been reduced to 'us' versus 'them', The Conversation, 2020, -
Suryapratim Roy, Law and the Non-human, Workshop on Animal Rights, University of Cambridge, March 2020, 2020
Oran Doyle and Rachael Walsh, Deliberation in Constitutional Amendment: Reappraising Ireland's Deliberative Mini-Publics, European Constitutional Law Review, 16, (3), 2020, p440 - 465
Sarah E Hamill, Enduring Trespass: What Adverse Possession Reveals about Property, Supreme Court Law Review, 2nd Series, 96, 2020, p215 - 236
Oran Doyle, Minority Rights and Democratic Consensus: The Irish Same-Sex Marriage Referendum, National Taiwan University Law Review, 15, (1), 2020, p21 - 48
Commentary on China and India in, editor(s)Dimitry Kochenov and Justin Lindeboom , Kälin and Kochenov's Quality of Nationality Index, United Kingdom, Hart Publishing, 2020, pp265 - 268, [Suryapratim Roy]
Ciara O''Connell and Mary Rogan , Rights and Recommendations: Prison Perspectives on the European Committee for the Prevention of Torture' - Briefing Papers Shared with Prisons in Norway and Scotland, Ireland, 2020
Eva Aizpurua and Mary Rogan, Understanding New Actors in European Arrest Warrant Cases Concerning Detention Conditions: The Role, Powers and Functions of Prison Inspection and Monitoring Bodies, New Journal of European Criminal Law, 2020
Biehler, H., The Right to Representation as an Aspect of Procedural Fairness, Irish Law Times, 38, (13), 2020, p5 - 12
Felix E Mezzanotte, An Examination into the Investor Protection Properties of Robo-Advisory Services in Switzerland, Capital Markets Law Journal, 15, (4), 2020, p489 - 508
Felix E Mezzanotte, The EU Policy on Sustainable Finance: A Discussion on the Design of ESG-Fit Suitability Requirements, Review of Banking & Financial Law, 40, 2020, p249 - 313
Undergraduate Learning in Evidence: Complexities, Challenges and Opportunities in, editor(s)Y Daly, J Gans and PJ Schwikkard , Teaching Evidence Law: Contemporary Trends and Innovations, Abingdon, Oxon, UK, Routledge, 2020, pp97 - 108, [Liz Heffernan]
David Kenny, The virtues of unprincipled constitutional compromises: Church and State in the Irish Constitution, European Constitutional Law Review, 16, (3), 2020, p417 - 439
Maria Grazia Porcedda, Businesses need to be careful with personal data during pandemic. The Irish Times, 20 July 2020. Available at: https://www.irishtimes.com/opinion/businesses-need-to-be-careful-with-personal-data-during-pandemic-1.4308278, 2020, -
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2020, [Ahern, Deirdre]
Maria Grazia Porcedda, Under the radar: lessons from ordinary data processing in easing pandemic lockdown. Available at: https://tcdlaw.blogspot.com/2020/07/under-radar-lessons-from-ordinary-data.html , 2020, -
Ahern. Deirdre and Jain, Tanusree, When Tokens Matters: A Critical Perspective on Tokenism and Women on Corporate Boards, Academy of Management Annual Conference, Vancouver, 7 November 2020, 2020
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2020, [Ahern, Deirdre]
David Kenny, Technical Report for the Irish Human Rights and Equality Commission-Protecting Economic, Social and Cultural Rights in the Irish Legal Order, August, 2020, 1-40
Renwick, Whysall et al, Interim Report of Working Group on Unification Referendums on the Island of Ireland , Oxford, Constitution Unit, UCL, October , 2020
Desmond Ryan and Mark Bell, Disability, Reasonable Accommodation and the Employer's Obligations: Nano Nagle School v Daly, Modern Law Review, 83, 2020, p1059 - 1071
Mark Bell, Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 29 June, 2020, Academy of European Law
Ahern, Deirdre, The Future of Annual General Meetings, Virtualisation and Corporate Accountability, The Future of Annual General Meetings, Virtualisation and Corporate Accountability, University College London, 22 September, 2020, University College London
Liz Heffernan, European Higher Education: The Legal Foundations of the Bologna Process, Irish Journal of European Law, 22, (1), 2020, p34 - 46
David Kenny, Review of The Triangular Constitution by Tom Flynn , Common Law World Review, 49, (1), 2020, p92-106
Maria Grazia Porcedda, 'Under the radar': the dangers of ordinary data processing in easing pandemic lockdown. Available at: https://www.youtube.com/watch?v=HaejkT6_SSE, Data Protection and the Covid-19 pandemic, Online, 30 June, 2020, Irish Centre for European Law
Ahern, Deirdre, Directors' Duty of Care and Harnessing the Potential for AI to Enhance Boardroom Dynamics, Artificial Intelligence and Private Law, National University of Singapore, 27 August 2020, 2020, National University of Singapore
Ahern, Deirdre, A New Vista to Transform Sustainable Investment Decisions: Mobilising New Technologies to Bridge Global Regulatory Gaps , Regulating Business in Times of Turbulence, Istanbul, 15 October 2020, 2020
Sovranità e Federalismo (Sovereignty and Federalism) in, editor(s)Guerino D'Ignazio , Il Sistema Costituzionale delgi Stati Uniti d'America (The Constitutional System of the United States of America) , Wolters Kluwer, 2020, pp175 - 202, [David Kenny and Andrea Pin]
David Prendergast, On relocating and refurbishing consent in sexual offences, Perspectives on Consent in Sexual Offences Workshop, Queen's University Belfast, 28 February 2020, edited by Eithne Dowds , 2020
Ahern, Deirdre, Regulators Nurturing FinTech: Global Evolution of the Regulatory Sandbox as Opportunity-based Regulation, 2020
Mark Bell , Mental Health and Employment: the Role for Disability Discrimination Law, Ulster University Public Lecture Series, Law Society of Northern Ireland, 11 February, 2020
Maria Grazia Porcedda, Privacy, data protection and selfhood, Self in the Digital World seminar, Long Room Hub, 25 February, 2020
Biehler, H., Equity and the Law of Trusts in Ireland, 7th, Dublin, Thomson Reuters, 2020, 1 - 1080pp
Professor Mary Rogan, Presentation on the outcome of evaluation by the Council of Europe Development Bank of judicial infrastructure in Ireland, Paris, France, 23 January 2020, 2020
Andrea Mulligan, Regulating Abortion in the Republic of Ireland, Regulating Abortion: The English, French and Irish Perspectives, Bar Library, Inn of Court of Northern Ireland, 30 January 2020, 2020, European Circuit/Bar of Northern Ireland
Alexandros Seretakis, Review for the book Blockchain Economics: Implications of Distributed Ledgers: Markets, Communications Networks, and Algorithmic , Review of Blockchain Economics: Implications of Distributed Ledgers: Markets, Communications Networks, and Algorithmic , by Melanie Swan et al. , Journal of Economic Literature, Forthcoming, 2020
Andrea Mulligan, Protecting Identity in Collaborative Assisted Reproduction: The Right To Know One's Gestational Surrogate, International Journal of Law, Policy and the Family, 34, (1), 2020, p20 - 42
Redressing Unauthorised Vaginal Examination Through Litigation in, editor(s)Camilla Pickles and Jonathan Herring , Women's Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability, Oxford, Hart Publishing , 2020, pp171 - 194, [Andrea Mulligan]
Mark Bell , People with intellectual disabilities and labour market inclusion: What role for EU labour law?, European Labour Law Journal, 11, 2020, p3-25
Distributional Concerns in Environmental Policy Instruments in, editor(s)Kenneth R. Richards and Josephine van Zeben , Policy Instruments in Environmental Law, Cheltenham, UK, Edward Elgar Publishing, 2020, pp27 , [Suryapratim Roy]
David Kenny and Conor Casey, A One Person Supreme Court? The Attorney General, constitutional advice to government, and the case for transparency, Dublin University Law Journal , 42, (1), 2020, p90 - 118
David Prendergast, Recklessness Without the Risk, Criminal Law and Philosophy, 14, 2020, p31 - 50
Andrea Mulligan, A Vindicatory Approach to Tortious Liability for Mistakes in Assisted Human Reproduction, Legal Studies, 40, (1), 2020, p55 - 76
Order from Chaos? Typologies and Models of Constitutional Change in, editor(s)Xenophon Contiades and Alkmene Fotiadou , Routledge Handbook of Constitutional Change, Abingdon on Thames, Routledge, 2020, pp45 - 60, [Oran Doyle]
David Kenny and Conor Casey, Shadow Constitutional Review: The Dark Side of Pre-Enactment Political Review in Ireland and Japan, International Journal of Constitutional Law (ICON), 18, (1), 2020, p51 - 77