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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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88 peer reviewed publications from 2022

Northern Ireland Legal Quarterly Special Issue: Covid-19 and Legal Responses on the Island of Ireland, 73, 2, (2022), Ollie Bartlett, Neil Maddox, Ronagh McQuigg and Andrea Mulligan, [Guest Editor]
Journal; Published; Peer Reviewed; Author Profile: MULLIGA3

Alan Eustace, The Electrical Contractors Case: Irish Supreme Court Illuminates Collective Bargaining and Delegated Legislation, Modern Law Review, 85, (4), 2022, p1029-
Journal Article; Published; Peer Reviewed; Author Profile: EUSTACAL; DOI

Róisín Áine Costello, The CJEU Decision in GD v Ireland: Consequences for National and EU Law, Annual Data Protection Conference, Irish Centre for European Law , 2022, 2022
Invited Talk; Published; Peer Reviewed; Author Profile: COSTELRI

Róisín Áine Costello, Data Protection and Audio-Visual Recording of Police Interviews under the Law Enforcement Directive, Data Protection Concerns for Law Enforcement, Irish Council for Civil Liberties, 2022, 2022
Invited Talk; Published; Peer Reviewed; Author Profile: COSTELRI

Róisín Áine Costello, The Expanding Scope of Privacy in European Law: Relational, Social, Contextual, Common Market Law Review Annual Conference,, Dublin, 2022, 2022
Invited Talk; Published; Peer Reviewed; Author Profile: COSTELRI

Róisín Áine Costello, Symbolism and Substance: Irish Language Rights in the 1922 Constitution, The Centenary of the 1922 Constitution, Dublin, 2022, 2022
Invited Talk; Published; Peer Reviewed; Author Profile: COSTELRI

Róisín Áine Costello, What"s Left in the Sieve: The Law as History Maker in the Modern State, Law and Humanities Workshop, University of Southampton, United Kingdom, 2022, 2022
Conference Paper; Published; Peer Reviewed; Author Profile: COSTELRI

Róisín Áine Costello, Adam Hanna, Genetic Data and The Right to Privacy: Towards a Relational Theory of Privacy?, Human Rights Law Review , 22, (a), 2022, p1-
Journal Article; Published; Peer Reviewed; Author Profile: COSTELRI

Róisín Áine Costello, Adam Hanna, To be British, Irish, or both: Understanding Language Rights as a Tool for Reconciliation in Northern Ireland, Irish Studies in International Affairs , 33, (2), 2022, p1 - 22
Journal Article; Published; Peer Reviewed; Author Profile: COSTELRI

Róisín Áine Costello, Poetry, Politics and the Law in Modern Ireland", Review of Poetry, Politics and the Law in Modern Ireland", by Adam Hanna , Irish Studies Review, 30, (4), 2022, p130 - 139, p511-513
Review; Published; Peer Reviewed; Author Profile: COSTELRI

Róisín Áine Costello, Adam Hanna and Eugene McNulty, Lost in Translation: Courtroom Interpretation and the Right to a Fair Trial in DPP v HM and BO [2021] IECA 315, The Irish Jurist, 68, (1), 2022, p130 - 139
Journal Article; Published; Peer Reviewed; Author Profile: COSTELRI

Brian M Barry, Judicial Impartiality in the Judicial Council Act 2019: Challenges and Opportunities, Irish Judicial Studies Journal , 6, (1), 2022, p38 - 54
Journal Article; Published; Peer Reviewed; Author Profile: BARRYB7

Non-Discrimination Sexual Orientation, Oxford Encyclopedia of EU Law, Online, Oxford University Press, 2022, pp1-16 , [Mark Bell]
Item in dictionary or encyclopaedia, etc; Published; Peer Reviewed; Author Profile: BELLM1; URL

Non-Discrimination Religion/Belief, Oxford Encyclopedia of EU Law, Online, Oxford University Press, 2022, pp1-12 , [Mark Bell ]
Item in dictionary or encyclopaedia, etc; Published; Peer Reviewed; Author Profile: BELLM1; URL

Three Binaries in People v Arctic Oil in, A Force of Energy: Essays in Energy Law in Honour of Professor Martha Roggenkamp, Groningen, University of Groningen Press, 2022, pp84 - 93, [Suryapratim Roy]
Book Chapter; Published; Peer Reviewed; Author Profile: SUROY; URL

Suryapratim Roy, The Domestic Life of Climate Law: Friends of the Irish Environment v Ireland, Irish Supreme Court Review, 3, (1), 2022, p141 - 160
Journal Article; Published; Peer Reviewed; Author Profile: SUROY; URL

Ireland: Developments and Debates in, editor(s)Federico Fabbrini , The Law & Politics of Brexit Volume IV: The Protocol on Ireland / Northern Ireland, Oxford, Oxford University Press, 2022, [Oran Doyle]
Book Chapter; Published; Peer Reviewed; Author Profile: OJDOYLE

Irish Unification: Constitutional Modalities and Adaptations in, editor(s)Paul Carmichael and Gisela Holfter , Unions, Break-ups and Special Relationships - Aspects of the Irish-German-UK Relationships, Limerick, Centre for Irish German Studies, 2022, [Oran Doyle]
Book Chapter; Published; Peer Reviewed; Author Profile: OJDOYLE

Oran Doyle, Leaving the Union: Constitutionalising Secession Rights in the United Kingdom, Federalismi.it, 10, 2022, p222 - 240
Journal Article; Published; Peer Reviewed; Author Profile: OJDOYLE

Andrea Mulligan, Anonymous gamete donation and Article 8 of the European Convention on Human Rights: The case for incompatibility, Medical Law International, 22, (2), 2022, p119 - 146
Journal Article; Published; Peer Reviewed; Author Profile: MULLIGA3

Rachael Walsh, Distributing Collective Burdens and Benefits: O'Reilly, TD, and the Housing Crisis, Irish Judicial Studies Journal , 6, (3), 2022, p63 - 70, p63-70
Journal Article; Published; Peer Reviewed; Author Profile: WALSHR1; URL

Christopher McMahon and Alan Eustace, Nothing to Lose but Their Restraints of Trade: Lessons for Employment Non-Compete Clauses from EU Competition Law, Industrial Law Journal, 2022
Journal Article; Published; Peer Reviewed; Author Profile: EUSTACAL; DOI; URL

The Market for Corporate Control in the EU in, editor(s)H.Birkmose, M.Neville and K.Engsig Sørensen , Instruments of EU Corporate Governance, The Netherlands, Kluwer Law International B.V., 2022, pp285 - 308, [Blanaid Clarke]
Book Chapter; Published; Peer Reviewed; Author Profile: CLARKEBL

Blanaid Clarke, Purpose,Values and Governance in Big Tech Companies, Bond Law Review, 34, (2), 2022, p35 - 67
Journal Article; Published; Peer Reviewed; Author Profile: CLARKEBL

Allison Silink and Desmond Ryan, The relevance of "control" in both stages of the test for vicarious liability in relationships that are "akin to employment" : an analysis of Blackpool in the Court of Appeal, Professional Negligence, 38, (4), 2022, p229 - 238
Journal Article; Published; Peer Reviewed; Author Profile: DRYAN14

Ireland: The weak European supervision of prison policies and its explanations in, editor(s)Gaëtan Cliquennois , The Evolving Protection of Prisoners' Rights in Europe, Abingdon, 2022, pp13 , [Mary Rogan and Sophie van der Valk]
Book Chapter; Published; Peer Reviewed; Author Profile: ROGANMA

The two tales of prison litigation in Germany in, editor(s)Gaëtan Cliquennois , The Evolving Protection of Prisoners" Rights in Europe, Routledge , 2022, pp14 , [Morgenstern, Christine and Rogan, Mary ]
Book Chapter; Published; Peer Reviewed; Author Profile: ROGANMA

David Prendergast, The difference between recklessness and negligence, Criminal Theory Justice Blog, 2022, -
Miscellaneous; Published; Peer Reviewed; Author Profile: DPRENDER

neville cox, eoin mccullough, defamation law, 2nd , dublin, 2022, 1 - 780pp
Book; Published; Peer Reviewed; Author Profile: NCOX

Neville Cox, Val Corbett, Mark Connaughton, Employment Law in Ireland, 2nd, Dublin, 2022, 1 - 1357pp
Book; Published; Peer Reviewed; Author Profile: NCOX

David Prendergast, Police Powers and Reasonable Force, Irish Criminal Law Journal, 2022, p106 - 112
Journal Article; Published; Peer Reviewed; Author Profile: DPRENDER

Biehler, H., Security for Costs and Corporate Plaintiffs - A Re-appraisal of Special Circumstances?, Irish Supreme Court Review, 4, 2022, p1 - 20
Journal Article; Published; Peer Reviewed; Author Profile: HBIEHLER

Biehler, H., The Nemo Iudex in Causa Sua Principle: Getting the Balance Right, Dublin University Law Journal, 42, (2), 2022, p113 - 129
Journal Article; Published; Peer Reviewed; Author Profile: HBIEHLER

Connecting Cautiously: Vicarious Liability in Ireland in Comparative Perspective in, editor(s)Paula Giliker , Vicarious Liability in the Common Law World, Oxford, Hart, 2022, pp103 - 119, [Desmond Ryan ]
Book Chapter; Published; Peer Reviewed; Author Profile: DRYAN14

James Rooney, TD v Minister for Education: Hard Case, Bad Law , Irish Judicial Studies Journal , 6, (3), 2022, p73-
Journal Article; Published; Peer Reviewed; Author Profile: ROONEYJ7

Housing and Minorities in, editor(s)Lorcan Sirr , Housing in Ireland: Beyond the Market, IPA, 2022, pp72 , [James Rooney and Rebecca Keatinge]
Book Chapter; Published; Peer Reviewed; Author Profile: ROONEYJ7

The Informal Company Law Expert Group, Report on Virtual Shareholder Meetings and Efficient Shareholder Communication, Brussels, European Commission, 2022, p1 - 29
Report; Published; Peer Reviewed; Author Profile: DAHERN; URL

David Kenny, TD V MINISTER FOR EDUCATION, CONSTITUTIONAL CULTURE, AND CONSTITUTIONAL DARK MATTER, Irish Judicial Studies Journal , 6, (3), 2022, p39 - 46
Journal Article; Published; Peer Reviewed; Author Profile: KENNYD4

Sarah E. Hamill, Getting the Reasoning Right: Gibbons v Doherty and ADT Investments Ltd [2020] IESC 72, Irish Supreme Court Review, 4, 2022, p83 - 100
Journal Article; Published; Peer Reviewed; Author Profile: HAMILLSA

The influence of Chief Baron Palles on the development of the doctrines of vicarious liability and the non-delegable duty of care in, editor(s)Oonagh B. Breen and Noel McGrath , Palles: The Legal Legacy of the Last Lord Chief Baron, Dublin, Four Courts Press, 2022, pp160 - 175, [Desmond Ryan]
Book Chapter; Published; Peer Reviewed; Author Profile: DRYAN14

Michael A Becker, Review of Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection, by Ewa Salkiewicz-Munnerlyn , Heidelberg Journal of International Law, 82, 2022, p513-521
Review; Published; Peer Reviewed; Author Profile: BECKERMA; URL

Michael A Becker, Challenging Some Baseline Assumptions About the Evolution of International Commissions of Inquiry, Vanderbilt Journal of Transnational Law, 55, (3), 2022, p559 - 629
Journal Article; Published; Peer Reviewed; Author Profile: BECKERMA; URL

At law, at equity, (sometimes) at odds with other judges: Chief Baron Palles and the Judicature Act in, editor(s)Oonagh B Breen and Noel McGrath , Palles: The Legal Legacy of the Last Lord Chief Baron , Dublin, Four Courts Press, 2022, pp35 - 51, [Sarah E. Hamill]
Book Chapter; Published; Peer Reviewed; Author Profile: HAMILLSA

Charlie Wing and the Alberta Liquor Control Board: The Story of the first Chinese-Canadian hotel licensee in post-prohibition Alberta in, Dan Malleck and Cheryl Krasnick Warsh , Pleasure and Panic: New Essays on the History of Alcohol and Drugs , Vancouver, University of British Columbia Press, 2022, pp245 - 269, [Sarah E. Hamill]
Book Chapter; Published; Peer Reviewed; Author Profile: HAMILLSA

Biehler, H., Judicial Review and Remittal in Civil Proceedings, Irish Law Times, 40, (1), 2022, p10 - 16
Journal Article; Published; Peer Reviewed; Author Profile: HBIEHLER

Company Law Legal Systems - Ireland in, editor(s)D.Busch, C.Gortos and G.Mc Meel , Liability of Financial Supervisors and Resolution Authorities, Oxford, Oxford University Press, 2022, pp321 - 348, [Blanaid Clarke]
Book Chapter; Published; Peer Reviewed; Author Profile: CLARKEBL

Victim Participation in the Criminal Trial Process under the EU Victims' Rights Directive in, editor(s)Liz Heffernan , Criminal Law and Justice in the European Union, Dublin, Clarus Press, 2022, pp167 - 182, [Liz Heffernan]
Book Chapter; Published; Peer Reviewed; Author Profile: HEFFERL

The Evolution of EU Law and Policy in Criminal Justice in, editor(s)Liz Heffernan , Criminal Law and Justice in the European Union, Dublin, Clarus Press, 2022, pp1 - 15, [Liz Heffernan]
Book Chapter; Published; Peer Reviewed; Author Profile: HEFFERL

Liz Heffernan, Criminal Law and Justice in the European Union, First, Dublin, Clarus Press, 2022, 1 - 182pp
Book; Published; Peer Reviewed; Author Profile: HEFFERL

Joan Gabrielle Lalor , Greg Sheaf , Andrea Mulligan , Magdalena Ohaja , Ashamole Clive , Sylvia Murphy-Tighe , Esperanza Debby Ng , Shefaly Shorey, Parental experiences with changes in maternity care during the Covid-19 pandemic: A mixed-studies systematic review, Women and Birth , 2022, p5
Journal Article; Published; Peer Reviewed; Author Profiles: MULLIGA3 SHEAFG LALORJ1 ; DOI

Rachel Widdis (Article One) and Deirdre Ahern (School of Law), Responsible Business Conduct, Innovation, and AI, 12 September 2022, In:Responsible Buiness Conduct, Innovation, and AI, 2022, Trinity College Dublin
Meetings /Conferences Organised; Presented; Peer Reviewed; Author Profile: DAHERN

Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2022, [Deirdre Ahern]
Book Chapter; Published; Peer Reviewed; Author Profile: DAHERN

Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2022, [Deirdre Ahern]
Book Chapter; Published; Peer Reviewed; Author Profile: DAHERN

Histories of Penal Oversight in, editor(s)Black, Lynsey Brangan, Louise Healy, Deirdre , Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery, Emerald, 2022, pp360 - 380, [Mary Rogan]
Book Chapter; Published; Peer Reviewed; Author Profile: ROGANMA

Mary Rogan, Examining the Role of Legal Culture as a Protective Factor Against High Rates of Pre-trial Detention: the Case of Ireland, European Journal on Criminal Policy and Research , 2022
Journal Article; Published; Peer Reviewed; Author Profile: ROGANMA; DOI

Cas J., De Hert P., Porcedda M.G. and Raab C., Introduction to the Special Issue: Questioning Modern Surveillance Technologies: Ethical and Legal Challenges of Emerging Information and Communication Technologies, Information Polity, 27, (2), 2022, p10.3233/IP-229006
Journal Article; Published; Peer Reviewed; Author Profile: MARIAGRP; URL

Blanaid Clarke and Felix E Mezzanotte, Sustainable Finance in Ireland, Sustainable Finance in European Jurisdictions, Hungarian Academy of Sciences, Ferenc Madl Institute of Comparative Law, Budapest, 2022
Conference Paper; Presented; Peer Reviewed; Author Profile: MEZZANOF

Felix E Mezzanotte, Recent Law Reforms in EU Sustainable Finance: Regulating Sustainability Risk and Sustainable Investments, American University Business Law Review, 11, (2), 2022, p216 - 276
Journal Article; Published; Peer Reviewed; Author Profile: MEZZANOF; URL

van der Valk, Sophie, Aizpurua, Eva, Rogan, Mary, "[Y]ou are better off talking to a f****** wall": The perceptions and experiences of grievance procedures among incarcerated people in Ireland, Law and Society Review, 2022
Journal Article; Published; Peer Reviewed; Author Profile: ROGANMA; URL

Deirdre Ahern, Governing Artificial Intelligence: Designing Legal and Regulatory Responses, 3 June 2022, In:Governing Artificial Intelligence: Designing Legal and Regulatory Responses, 2022, Trinity Long Room Hub
Meetings /Conferences Organised; Presented; Peer Reviewed; Author Profile: DAHERN

Desmond Ryan, The Duty of Care in Negligence: University College Cork v Electricity Supply Board, Irish Supreme Court Review, 2022, p185 - 201
Journal Article; Published; Peer Reviewed; Author Profile: DRYAN14

Gerry Whyte, Deportation and the Marital Family: Gorry v Minister for Justice and Equality, Irish Supreme Court Review, 4, 2022, p203 - 221
Journal Article; Published; Peer Reviewed; Author Profile: GWHYTE

David Kenny and Lauryn Musgrove McCann, Directive Principles, Political Constitutionalism, and Constitutional Culture: the case of Ireland's failed Directive Principles of Social Policy, European Constitutional Law Review, 18, 2022, p207 - 236
Journal Article; Published; Peer Reviewed; Author Profile: KENNYD4

Ciara O'Connell and Mary Rogan, Monitoring Prisons in Europe: Understanding Perspectives of People in Prison and Prison Staff, Law and Social Inquiry, 2022, p1 - 31
Journal Article; Published; Peer Reviewed; Author Profile: ROGANMA

David Kenny, Examining Constitutional Culture: Assisted Suicide In Ireland And Canada, Journal of Comparative Law, 17, (1), 2022, p85 - 115
Journal Article; Published; Peer Reviewed; Author Profile: KENNYD4

The Living Constitution in Collaborative Context in, editor(s)Kate O'Regan Carlos Bernal Sujit Choudhry , Research Handbook on Constitutional Interpretation, London, Edward Elgar, 2022, pp1-10 , [Aileen Kavanagh]
Book Chapter; Published; Peer Reviewed; Author Profile: KAVANA23

Aileen Kavanagh, Towards a Relational Conception of the Separation of Powers, Public Law, 2022, p10
Journal Article; Published; Peer Reviewed; Author Profile: KAVANA23

Aileen Kavanagh, The Collaborative Constitution, Cambridge, Cambridge University Press, 2022, 1 - 321pp
Book; Published; Peer Reviewed; Author Profile: KAVANA23

Maria Grazia Porcedda, On the compatibility of pandemic data-driven measures with data protection: a review of Ireland's 'under the radar' Covid-19 measures, Northern Ireland Legal Quarterly, 73, (2), 2022
Journal Article; Published; Peer Reviewed; Author Profile: MARIAGRP

Public Procurement in, editor(s)Chris McCrudden , The Law and Practice of the Ireland-Northern Ireland Protocol, Cambridge University Press, 2022, pp269 , [Chris McCrudden]
Book Chapter; Published; Peer Reviewed; Author Profile: DONNELC2; URL

Liz Heffernan, Surveillance, Statutory Compliance and the Admissibility of Evidence: DPP v Hannaway, Irish Supreme Court Review, 4, 2022, p101 - 118
Journal Article; Published; Peer Reviewed; Author Profile: HEFFERL

Sarah E. Hamill, Restricting Access to Property: Citizens, Owners, Residents, and Claims to Property, Common Law World Review, 2022
Journal Article; Published; Peer Reviewed; Author Profile: HAMILLSA; DOI; URL

David DesBaillets & Sarah E. Hamill, Coming in from the Cold: Canada's National Housing Strategy, Homelessness, and the Right to Housing in a Transnational Perspective, Canadian Journal of Law and Society , 2022, p1-21
Journal Article; Published; Peer Reviewed; Author Profile: HAMILLSA; DOI; URL

International and Comparative Corporate Law Journal, 15, 2, (2022), 9 - 112p, Tineke Lambooy, Deirdre Ahern and Diletta Lenzi, [eds.]
Journal; Published; Peer Reviewed; Author Profile: DAHERN

Alexandros Seretakis, Regulating Hedge Funds in the EU, Wolters Kluwer, 2022
Book; In_press; Peer Reviewed; Author Profile: SERETAKA

Allison Silink and Desmond Ryan, Twenty Years on from Lister v Hesley Hall Ltd - Is There Now a 'Tailored Close Connection Test' for Vicarious Liability in Cases of Sexual Abuse, or Not?, Professional Negligence, 38, (1), 2022, p5 - 23
Journal Article; In_press; Peer Reviewed; Author Profile: DRYAN14

Laura Cahillane and David Kenny, Lessons from Ireland's 2020 Judicial Conduct Controversy., Common Law World Review, 51, (1-2), 2022, p24 - 24
Journal Article; Published; Peer Reviewed; Author Profile: KENNYD4

The Protocol in Irish Law in, editor(s)McCrudden, C. , The Law and Practice of the Ireland-Northern Ireland Protocol, Cambridge University Press, 2022, [Fennelly, D.]
Book Chapter; Published; Peer Reviewed; Author Profile: FENNELD

Rachael Walsh, Distributing the Costs of Change: Property Transitions and Pacts, International Journal of Law in Context, 18, (2), 2022
Journal Article; Published; Peer Reviewed; Author Profile: WALSHR1; URL

Jurisdiction, Choice of law, and enforcement of judgments in, editor(s)Christopher McCrudden , The Law and Practice of the Northern Ireland Protocol, Cambridge , Cambridge University Press, 2022, pp296 - 307, [David Kenny]
Book Chapter; Published; Peer Reviewed; Author Profile: KENNYD4

Sovereignty and Federalism in, editor(s)Guerino D'Ignazio , The Constitutional System of the United States of America , Wolters Kluwer, 2022, pp133 - 153, [David Kenny and Andrea Pin]
Book Chapter; Published; Peer Reviewed; Author Profile: KENNYD4

Interpretation in law and literature in, editor(s)Adam Hanna and Eugene McNulty , Law and Literature: The Irish Case, Manchester University Press, 2022, pp21 - 44, [Tom Hickey and David Kenny ]
Book Chapter; Published; Peer Reviewed; Author Profile: KENNYD4

Conor Casey and David Kenny, The Gatekeepers: Executive Lawyers and the Executive Power in Comparative Constitutional Law, International Journal of Constitutional Law (ICON), 20, (2), 2022, p664 - 695
Journal Article; Published; Peer Reviewed; Author Profile: KENNYD4

Information Polity, 27, 2, (2022), 119-308p, Johann Cas, Paul de Hert, Maria Grazia Porcedda, Charles Raab, [Editors to special issue Questioning Modern Surveillance Technologies. Open access: https://content.iospress.com/journals/information-polity/27/2?start=10], 2020-2022
Journal; Published; Peer Reviewed; Author Profile: MARIAGRP

Oran Doyle and Rachael Walsh, Constitutional Amendment and Public Will Formation: Deliberative Mini-Publics as a Tool for Consensus Democracy, International Journal of Constitutional Law, 20, 2022, p398 - 427
Journal Article; Published; Peer Reviewed; Author Profiles: WALSHR1 OJDOYLE

David Kenny, The Human Pared Away: Hilary Mantel's Thomas Cromwell as an Archetype of Legal Pragmatism , Law and Literature, 43, (1), 2022, p109 - 139
Journal Article; Published; Peer Reviewed; Author Profile: KENNYD4

"The Impact of Artificial Intelligence on Corporate Law and Corporate Governance" in, editor(s)Philip Morgan and Ernest Lim , The Cambridge Handbook of Private Law and Artificial Intelligence, Cambridge, Cambridge University Press, 2022, [Ahern, Deirdre]
Book Chapter; In_press; Peer Reviewed; Author Profile: DAHERN

Are the people the masters? Constitutional Referendums in Ireland in, editor(s)Richard Albert and Richard Stacey , The Legality and Legitimacy of Referendums., Oxford University Press, 2022, pp264 - 292, [David Kenny and Aileen Kavanagh]
Book Chapter; Published; Peer Reviewed; Author Profile: KENNYD4