Technologies, Law and Society
Trinity College Law School
Welcome
Convenor
Prof. Deirdre Ahern
Professor Deirdre Ahern
Professor in, Law
Biography
Professor Deirdre Ahern LLB (Hons) (Dub), MA (Jure Officii) (Dub), LLM (Commercial Law) (Cantab), PhD (Dub), FTCD, FRSA, Solicitor (Law Society of Ireland), Dip (E-Commerce Regulation) (Law Society of Ireland).
Deirdre is Director of the Technologies, Law and Society Research Group at Trinity College Dublin. She is a Fellow of the Information Society Law Centre at the University of Milan and a member of the global Quantum Humanities Network hosted by Innsbruck Quantum Ethics Lab. Her research agenda engages with the societal and legal expectations of companies and their directors including the ethical and regulatory challenges presented by globalisation and new technologies including quantum technologies. She is an expert on corporate governance and global regulatory approaches to new technologies including AI.
As an appointed member of Ireland's AI Advisory Council Deirdre is providing advice to the Government on AI issues. A member of Ireland's Company Law Review Group 2022-2026 and an appointed member of the European Commission's Informal Company Law and Corporate Governance Expert Group for 2020-2024, Deirdre works nationally and internationally on policy development and provides consultancy on policy and legal reform.
She has published widely including in the Law Quarterly Review, the Modern Law Review, the Journal of Business Law, the European Company and Financial Law Review and the European Business and Organization Law Review. Her current research projects are (1) Determining The Future of Artificial Intelligence, Generative AI and Regulation: A Comparative Transnational Context and (2) Constructing Regulatory Approaches for New Technologies and The Changing Face of Directors' Duties in the EU: Making Companies Responsible for Sustainability and Human Rights across Global Supply Chains.
Deirdre has a track record of publishing cutting-edge transformative work which is well cited in academic, policy, judicial and legal practice contexts. Professor Ahern was elected to Fellowship of Trinity College in 2012 on the basis of her contribution to scholarship. In 2022 Professor Ahern was appointed to membership of the Royal Irish Academy's Ethics, Politics, Law and Philosophy Committee. She sits on the editorial board of the Journal of Business Law and the Law and Financial Markets Review and is a contributing editor to Gore-Browne on Companies.
Professor Ahern welcomes expressions of interest in PhD supervision and post-doctoral research from excellent applicants in the following areas: legal and ethical aspects of Quantum Technologies; regulating AI including Generative AI; regulatory sandboxes; the EU Corporate Sustainability Due Diligence Directive and the EU Corporate Sustainability Reporting Directive.
Access to publications: via Google Scholar and Researchgate.
Publications and Further Research Outputs
Peer-Reviewed Publications
Deirdre Ahern, 'Op-Ed, 'Fanning Case Heralds a 'New Frontier of AI-related Libel Law'', The Irish Times, 25 January 2024, The Irish Times, 2024, -
Corporate Law, Corporate Governance and AI: Are we Ready for Robots in the Boardroom? in, editor(s)Ernest Lim and Phillip Morgan , The Cambridge Handbook of Private Law and Artificial Intelligence, Cambridge, 2024, pp409-430 , [Deirdre Ahern]
Deirdre Ahern, The Future is Green: Reflections on the Impact of EU Obligations on Sustainability Reporting and Due Diligence on Companies, The Future is Green: Reflections on the Impact of EU Obligations in Sustainability Reporting and Due Diligence on Companies, University of Florence, 10 April 2024, 2024, University of Florence
Deirdre Ahern, Eoin O'Dell, Mina Hosseini, Maria Fitzpatrick, Daryl Lim, Regulating in an Uncertain Future - AI and Beyond, Competition Law: Regulating Tech Platforms & Data, Trinity Long Room Hub, 18 April 2024, 2024, Boston College Law School
Deirdre Ahern, The New Anticipatory Governance Culture for Innovation: Regulatory Foresight, Regulatory Experimentation and Regulatory Learning, European Business Organization Law Review, 2024
Deirdre Ahern, Current Legal Issues Presented by Artificial Intelligence: The Fundamental Rights Interface, Current Legal Issues Presented by Artificial Intelligence: The Fundamental Rights Interface, Department of Law, University of Florence, 10 April 2024, 2024, Professor Elena Urso
The Informal Company Law and Corporate Governance Expert Group, Report on Cross-border Use of Company Information, Brussels, European Commission, 2023, 1-26
Company Law Review Group, Report on the Director's Compliance Statement, 2023, Company Law Review Group, December, 2023, 219
Deirdre Ahern, The EU Sustainability Reporting Ripple and What it Means for SMEs, Corporations and Sustainability: Fresh Perspectives, European University Institute, 21 November 2023, 2023, The Finance, Innovation and Regulation Working Group, EUI, 1-13pp
Deirdre Ahern, How should the EU Regulate Generative AI?, The Challenges and Opportunities of Generative AI and the AI Act, Speinshart Abbey, Germany, 26-28 June, 2023, Professor Udo Faisal
Corporate Law and Statutory Liability in, editor(s)Martin Petrin and Christian Witting , Research Handbook on Corporate Liability, United KIngdom, Edward Elgar, 2023, pp62 - 82, [Deirdre Ahern]
D. Ahern, I. Bratko, S. Das et al, The Speinshart Recommendations on Generative AI and the EU AI Act, Speinshart Reports, 2023
The Sustainability Reporting Ripple: Direct and Indirect Implications of the EU Corporate Sustainability Reporting Directive for SME Actors in, editor(s)Alessio Bartolacelli , The Prism of Sustainability, Macerata, Italy, University of Macerata, 2023, pp1 - 21, [Deirdre Ahern]
Informal Company Law and Corporate Governance Expert Group, Report on Transparency of Company Data, Brussels, European Commission, 2023, 1-25
Deirdre Ahern, I fought the law and AI won: Regulation, Law, Copyright and Human Rights in the Face of Generative AI, Surfing the Fringe of AI, Imperial College London, 31 October 2023, 2023, Professor Udo Faisal
'The Role of Sectoral Regulators and other State Actors in Formulating Novel and Alternative Pro-Competition Mechanisms In Fintech' in, Konstantinos Stylianou, Marios Iacovides, and Bjorn Lundqvist , Fintech Competition: Law, Policy, and Market Organisation, United KIngdom, Hart-Bloomsbury, 2023, pp307-330 , [Deirdre Ahern]
Deirdre Ahern, What is the Board's Role in Governing the Business Use of AI?, What is the Board's Role in Governing the Business Use of AI?, Webinar, 11 May 2023, 2023, The Sustainability Board Report
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
The Informal Company Law Expert Group, Report on Virtual Shareholder Meetings and Efficient Shareholder Communication, Brussels, European Commission, 2022, p1 - 29
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2022, [Deirdre Ahern]
"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]
International and Comparative Corporate Law Journal, 15, 2, (2022), 9 - 112p, Tineke Lambooy, Deirdre Ahern and Diletta Lenzi, [eds.]
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
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2022, [Deirdre Ahern]
Law and Financial Markets Review, United Kingdom, Taylor and Francis, [eds.], 2021
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2021, [Deirdre Ahern]
Deirdre Ahern, Regulatory Law and Regulatory Friction as FinTech Disenablers: Calibrating an EU Policy Response to the Adaptive Regulatory Sandbox in Member States, European Business Organization Law Review, 22, 2021, p395 - 432
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2021, [Deirdre Ahern]
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2020, [Ahern, Deirdre]
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
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2020, [Ahern, Deirdre]
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
Ahern, Deirdre, Regulators Nurturing FinTech: Global Evolution of the Regulatory Sandbox as Opportunity-based Regulation, 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
Ahern, Deirdre (in conjunction with European Banking Institute), Addressing the Global Challenge of Responsive FinTech RegulationFinTech, 8 March 2019, 2019, Trinity College Dublin
Jain, T.; Sharma, K. & Ahern, D. , Crossing borders: The impact of western gender diversity laws in non-western corporate boards, International Association for Business and Society, San Diego, USA, 2019
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, 2019, [Ahern, Deirdre]
Deirdre Ahern, Regulators Nurturing FinTech Innovation: Global Evolution of The Regulatory Sandbox as Opportunity-Based Regulation, Indian Journal of Law and Technology, 15, (2), 2019, p345 - 378
"Majority Rule and Minority Protections: Theoretical Frameworks and National Practice in the Shadow of the EU: The Case of Ireland" in, editor(s)A.J. Viera Gonzalez and C. Teichmann , Conflicts of Interest between Majorities and Minorities in the EU Member States Private Company Law, Spain, Thomson Reuters Aranzadi, 2019, pp117 - 169, [Deirdre Ahern]
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2019, [Ahern, Deirdre]
Ahern, Deirdre, Opportunity-based Regulation: The Function of the Regulatory Sandbox for FinTech, Addressing the Global Challenge of Responsive FinTech regulation, Trinity College Dublin, 8 March 2019, 2019
Deirdre Ahern, Regulatory Arbitrage in a FinTech World: Devising an Optimal EU Regulatory Response to Crowdlending, Journal of Business Law, (3), 2018, p193 - 214
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2018, [Ahern, Deirdre]
Irish Business Law Review, Dublin, Clarus Press, [eds.], 2018-2018
Deirdre Ahern, Regulatory Arbitrage in a FinTech World: Devising an Optimal EU Regulatory Response to Crowdlending European Banking Institute Working Paper Series No.24, 2018
Deirdre Ahern, The Mythical Value of Voice and Stewardship in the EU Directive On Long-Term Shareholder Engagement: Rights Do Not An Engaged Shareholder Make, Cambridge Yearbook of European Legal Studies, 20, 2018, 88 - 115
Deirdre Ahern, "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
Ahern, Deirdre, "The United Nations HeForShe project: Leveraging the modelling power of university champions' shared transformative gender commitments to drive sectoral buy-in, 10th European Conference on Gender Equality in Higher Education, Trinity College Dublin, 20 August 2018, 2018
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2018, [Ahern, Deirdre]
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2017, [Ahern, Deirdre]
Irish Business Law Review, Dublin, Clarus Press, [eds.], 2017-2017
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2017, [Ahern, Deirdre]
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2016, [Ahern, Deirdre]
Deirdre Ahern, Turning Up the Heat? EU Sustainability Goals and the Role of Reporting under the Non-Financial Reporting Directive, European Company and Financial Law Review, 13, (4), 2016, p599 - 630
Management of a Company in, editor(s)Alisatair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2016, [Ahern, Deirdre]
Ahern, Deirdre, What to Do? Public Interest Director Appointments in Nationalised Banks: A Post-Financial Crisis Review of Role Delineation and Fiduciary Duties, Society of Legal Scholars Annual Conference, Oxford University, 6 September 2016, 2016
Irish Business Law Review, Dublin, Clarus Press, [eds.], 2016-2016
Ahern, Deirdre, The EU, Close Corporations and Member State Sovereignty: Too Close for Comfort? Reflections on the Evolving Societas Unius Personae Proposal, Irish Business Law Review, 3, (1), 2016, p21 - 35
The Societas Unius Personae: Using the Single-Member Company as a Vehicle for EU Private Company Law Reform, Some Critical Reflections on Regulatory Approach in, editor(s)A.J. Viera Gonzalez and C. Teichmann , Private Companies in Europe: the Societas Personae (SUP) and the Recent Developments in the EU Member States, Navarra, Spain, Thomson Reuters Aranzadi, 2016, pp55 - 87, [Ahern, Deirdre]
Irish Business Law Review, Ireland, Clarus Press, [eds.], 2015-2015
Close Corporations: A Common Law World Perspective: the Case of Ireland in, editor(s)Jorge Viera Gonzales and Christoph Teichmann , Private Company Law Reform: The Race of Flexibility, Thomson Reuters Aranzadi, 2015, pp243 - 283, [Deirdre Ahern]
Ahern, Deirdre, Rethinking the Foundations of Directors' Duties to Incorporate Public Interest Considerations", , Irish Association of Law Teachers Annual Conference, NUIG, Galway, 27-29 November 2015, 2015
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2015, [Ahern, Deirdre]
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Preparing Private Companies for the Companies Bill: New Company Forms and Company Constitutions, 7 February 2014, 2014, Dublin Castle
Deirdre Ahern, "Codification of Company Law: Taking Stock of the Companies Act 2006", Statute Law Review, 35, (1), 2014, p1 - 14
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2014, [Ahern, Deirdre]
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Duties of Directors and Secretaries under the Companies Bill, 13 October 2014, 2014, Farmleigh, Phoenix Park, Dublin
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2014, [Ahern, Deirdre]
C. Gerner-Beurele, P. Paech and E. Schuster, Study on Directors' Duties and Liability, 2013
Deirdre Ahern and Blanaid Clarke, Listed Companies' Engagement with Diversity: A Multi-Jurisdictional Study of Annual Report Disclosures, Ireland, Department of Jobs, Enterprise and Innovation, June 2013, 2013, p1 - 107
Directors - Appointment, Removal and Vacation of Office in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2013, [Deirdre Ahern]
Ahern, Deirdre, Diversity Reporting: The Value of a Structured Reporting Protocol to Manage Annual Report Disclosures, Irish Association of Law Teachers Annual Conference, Belfast, 23 November 2013, 2013
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2013, [Deirdre Ahern]
Company and Insolvency Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2012, Dublin, Round Hall, 2013, pp81 - 89, [Deirdre Ahern and Noel McGrath]
Deirdre Ahern and Blanaid Clarke, Listed Companies' Engagement with Diversity: A Multi-Jurisdictional Study of Annual Report Disclosures, 2013
Deirdre Ahern (As Council member of the Irish Association of Law Teachers), Changing Times for the Legal Professions - Re-evaluating the Role of the Law Teacher, 22-24 November 2013, 2013, Stormont Hotel, Belfast
Deirdre Ahern, "New Irish Offence of Withholding Information in relation to the Commission of a Criminal Offence", The Company Lawyer, 33, (4), 2012, p109 - 110
Deirdre Ahern, Directors' Duties, Dry Ink and the Accessibility Agenda , Law Quarterly Review, 128, 2012, p114 - 139
Company and Insolvency Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2011, Dublin, Round Hall, 2012, pp128 - 152, [Deirdre Ahern and Noel McGrath]
Ahern, Deirdre (as President of the Irish Association of Law Teachers), Legal Scholarship and Judicial Reasoning; A Mutual Interaction, 16-18 November 2012, 2012, Fitzpatrick Castle Hotel, Dublin
Deirdre Ahern, Guiding Principles for Directorial Conflicts of Interest: Re Allied Business and Financial Consultants Ltd; O'Donnell v Shanahan, Modern Law Review, 74, 2011, p596 - 607
The Company Lawyer, Sweet and Maxwell, [eds.], 2011-2014
Deirdre Ahern, Nominee Directors' Duty to Promote the Success of the Company: Commercial Pragmatism and Legal Orthodoxy , Law Quarterly Review, 127, 2011, p118 - 146
Ahern, Deirdre, At Home, at Risk: Comparative Perspectives on the Regulation of Domiciliary Care Provision for the Ageing Population", Centre for Ageing and Research and Development in Ireland (CARDI) international conference, Ageing Globally - Ageing Locally, Croke Park, 2-3 November 2011, 2011
Ahern, Deirdre (as Council member of the Irish Corporate Law Forum), Added Value(s): The Role of Law in Contemporary Society, 18-20 November 2011, 2011, Athone
Deirdre Ahern and Karen Maher, The Continuing Evolution of Proxy Representation, Journal of Business Law, 2, 2011, p125 - 143
Ahern, Deirdre, Directors' Duties in Plain Sight: The Accessibility Agenda Delivered?, Law in Politics, Politics in Law (Society of Legal Scholars), Downing College, Cambridge University, 7 September 2011, 2011
Journal of Business Law, United Kingdom, Sweet and Maxwell, [eds.], 2011-2020
Deirdre Ahern, Directors' Duties: Broadening the Focus Beyond Content to Examine the Accountability Spectrum, Dublin University Law Journal, 33, 2011, p116 - 152
Deirdre Ahern, Irish Legislative Proposals for Clarification of Nominee Directors' Best Interests Duty , The Company Lawyer, 31, 2010, p291 - 297
Ahern, Deirdre, The Application of Section 172 of the Companies Act 2006 to Nominee Directors, Society of Legal Scholars Annual Conference, University of Southampton, 14-16 September 2010, 2010
Deirdre Ahern, Legislating for the Duty on Directors to Avoid Conflicts of Interest and Secret Profits: The Devil in the Detail, Irish Jurist , 46, 2010, p82 - 106
D. Ahern, K. Maher, J. O'Brien, D. O'Neill, Elder financial exploitation and the responsibility of financial providers in Ireland: The contribution of the financial services ombudsman, European Geriatric Medicine, 6th Congress European Union Geriatric Medicine Society, Dublin, 2010, 1, 2010, ppA203 - A203
Deirdre Ahern, Legislating for Directors' Duty to Exercise Care, Skill and Diligence in Ireland: A Comparative Perspective, International Company and Commercial Law Review, 8, 2010, p268 - 273
Deirdre Ahern, Replacing 'Comply or Explain' with Legally Binding Corporate Governance Codes - An Appropriate Regulatory Response?, Regulation in an Age of Crisis, University College Dublin, 18 June 2010, 2010
Deirdre Ahern (As Council member of the Irish Associaton of Law Teachers), Thirty Years of Legal Scholarship: Lessons from the Past, Visions for the Future, 27 November 2010, 2010, Limerick
Deirdre Ahern, The Formation of Insurance Contracts and the Duty of Insurers, Commercial Law Practitioner, 16, (4), 2009, p84 - 87
Deirdre Ahern, Directors' Duties: Law and Practice, Dublin, Round Hall, 2009, 1-700pp
Deirdre Ahern, The Responsible Director in an Economic Downturn: Lessons from the Restriction Regime, Dublin University Law Journal, 31, 2009, p183 - 205
Deirdre Ahern, "Hemat v The Medical Council: the Wouters Legacy Revisited", European Competition Law Review, 6, 2007, p366 - 370
Deirdre Ahern, Martha Doyle and Virpi Timonen, Regulating home care of older people: the inevitable poor relation?, Dublin University Law Journal, 29, 2007, p374 - 396
Ahern, Kenny v Ireland ROC Ltd: Commercial Agents - Not Negotiable?, Dublin University Law Journal, 28, 2006, p296 - 316
Ahern, Directors' Compliance Statements under the Microscope, Commercial Law Practitioner, 13, 2006, p137 - 145
Healthcare Decisions: Recognising the Decision-Making Capacity of Older People to Consent to and to Decline Treatment in, editor(s)O'Dell E , Older People in Modern Ireland: Essays on Law and Policy, Dublin, First Law, 2006, [Ahern D]
Law Reform Commission, Report on Vulnerable Adults and the Law (LRC 83-2006), Ireland, 2006
Ahern, Deirdre, The Rule Against Shareholders' Recovery of Reflective Loss, Commercial Law Practitioner, 12, 2005, p163 - 168
Ahern, Deirdre, Corporate Killing in Ireland - A new Paradigm, Irish Law Times, 22, 2005, p235 - 240
Ahern, The Domain Game - introducing 'dot eu', Commercial Law Practitioner, 11, 2004, p275 - 279
Ahern, Deirdre, Corporate Killing - The Law Reform Commission's Proposals, Law in the Modern World: New Problems, New Solutions, Derry, Northern Ireland, 2-4 April 2004, 2004
Ahern, D, Unlimited Corporate Capacity - Plotting the slow demise of ultra vires, Commercial Law Practitioner, 11, 2004, p27 - 30
Law Reform Commission, Seminar Paper on Law and the Elderly, 2003
Law Reform Commission, Consultation Paper on Corporate Killing, Dublin, 2003
Ahern, Corporate Killing: The Way Forward, Irish Criminal Law Journal, 13, (3), 2003, p10 - 14
Law Reform Commission , Consultation Paper on Vulnerable Adults and the Law: Capacity, Dublin, 2003
Non-Peer-Reviewed Publications
Deirdre Ahern, Regulatory Sandboxes under the EU AI Act: Opportunities and Challenges, Milan Information Society Law Center Conference, University of Milan, 11-12 June, 2024, Information Society Law Center, University of Milan
Deirdre Ahern, Sustainability Reporting: the New Directive and Its Impact on SMEs, The Prism of Sustainability: Multidisciplinary profiles; law, economics and ethics, University of Macerata, 30-31 March, 2023, Professor Alessio Bartolacelli
Deirdre Ahern, Corporate Sustainability Due Diligence: A Proposal in Flux, Annual Company Law and Corporate Governance Conference, Trier, 9-10 March 2023, 2023
Deirdre Ahern, Eoin O'Dell, Elspeth Payne, Frances Haugen The Facebook Whistleblower, 21 March 2022, In:Frances Haugen The Facebook Whistleblower, 2022, Trinity Long Room Hub
Deirdre Ahern, Upending Corporate Purpose in the EU: Board Responsibility for Sustainability and Human Rights across Global Supply Chains, New Capitalism? A Transatlantic Perspective, Harvard Law School, 3-5 October, 2022, Harvard & Complutense Law Schools
Deirdre Ahern, Sustainability as Socially Responsible Business Practice: The Role of Company Law and Corporate Governance, ERA Annual Confernce on European Company Law and Corporate Governance 2022, Trier, 2022
Deirdre Ahern, Groups of Companies in EU Company Laws: An Irish Perspective, SYMPOSIUM for the presentation of the book "Company Laws of the European Union" edited by Andrea Vicari and Alexander Schall (Beck, 2020), University of Milan, 29 April , 2022, Professor Andrea Vicari and Professor Alexander Schall
Deirdre Ahern, "The Board and Sustainability Performance: The Changing Face of Directors' Duties in the EU: Is there an Expectations Gap?" , Corporate Sustainability - Supporting Green Policy in Corporate Strategy , The Radisson Blu Hotel, Dublin, 20 October , 2022, Public Affairs Ireland
Deirdre Ahern, Enforcement and Liability Mechanisms for Environmental and Human Rights' Duties and Options for Member States , Sustainability in Corporate Law, Leuphana University, Germany, 18 November, 2022, Professors Alexander Schall and Axel Halfmeier
Ahern, Deirdre, Closing Keynote: The Impact of Blockchain and DLT Technologies on Company Law, International Congress on Digitalization and DLT in Company Law, University of Zaragoza, Spain, 29-30 October 2021, 2021, Faculty of Law, University of Zaragoza
Deirdre Ahern, Regulatory Lag, Regulatory Friction and Regulatory Transition as FinTech Disenablers: The Regulatory Sandbox Phenomenon in Member States and the EU's Experimental Governance Dilemma , Law School Workshop, Trinity College Dublin, 24 March , 2021, School of Law
Deirdre Ahern, Corporate Governance Reconceived: The New Era of Stakeholder Capitalism, Corporate Governance Reconceived: The New Era of Stakeholder Capitalism, Centre for Commercial Law, Edinburgh University, 17 March , 2021, Centre for Commercial Law, Edinburgh University
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
Deirdre Ahern, Pandemic Has Opened a Vast Policy Vacuum, The Irish Times, 10 December, 2020, p12 - 12
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, (Panel Chair) Women in Leadership , Hearing Women's Voices: Irish Federation of University Women Annual Conference, Trinity College Dublin, 19 October 2019, 2019, Trinity Women Graduates / Irish Federation of University Women
Ahern. Deirdre and Jain, Tanusree, Using Mandatory Quotas to Address Gender Imbalances In The Boardroom: Some Evidence From East And West, Hearing Women's Voices: Irish Federation of University Women Annual Conference, Trinity College Dublin, 19 October 2019, 2019, Trinity Women Graduates / Irish Federation of University Women
Ahern, Deirdre, Regulatory Influences and Listed Companies Engagement with Diversity in their Annual Reports, Gender Diversity on Corporate Boards: Listed Companies' Self-Reporting on Diversity in their Annual Reports , The Long Room Hub, Trinity College Dublin, 2019
Ahern, Deirdre, Keynote: Sustainable Governance into the Future and the Impact of Artificial Intelligence, Annual Conference of the Chartered Governance Institute of the UK and Ireland, Dublin Castle, 16 May 2019, 2019, the Chartered Governance Institute of the UK and Ireland
Ahern, Deirdre, The Impact of Artificial Intelligence on the Governance of Companies, Corporate Law and Finance Summer School, Trinity College Dublin, 23 July 2019, 2019, European Law Students Association
Ahern, Deirdre, (Panellist) Culture, Diversity and Evidence from the Field, Culture, Diversity and the Way Forward for Corporate Governance in Ireland, Trinity College Dublin, 25 October 2018, 2018, Central Bank of Ireland & Trinity College Dublin
Deirdre, Equal in Name: The Limits of Law, Then and Now, Me Too, Then and Now, Trinity Long Room Hub, 7 March , 2018, Trinity Long Room Hub
Ahern, Deirdre, With Great Power Comes Great Responsibility: Can Existing Duties on Directors as Fiduciary Agents Suitably Moderate the Social Controversies Associated with Commercialisation of Synthetic Biology?, Regulating the Corporation and New Morally Significant Technologies, Newcastle University, 12 June 2018, 2018, Sarah Morley and David Lawrence
Ahern, Deirdre, An Examination of Shareholder Protection, Conflicts of Interests between Majorities and Minorities in Private Companies, Madrid, 15 June 2018, 2018, Close Corporations in Europe Working Group
Ahern, Deirdre, (Panel Chair) Mergers and Acquisition Regulation in the UK and Ireland, Oceans Apart: Corporate and Securities Regulation in Comparative Perspective, McCann FitzGerald, 12 April 2018, 2018, Trinity College Dublin / McCann FitzGerald
Deirdre Ahern, Conceptualising Overreach in the English Corporate Opportunities Doctrine, Travers Smith Lecture, Faculty of Law, University of Cambridge, 7 November , 2017, University of Cambridge
Ahern, Deirdre, Encouraging Socially Responsible Corporations: Will the Non-Financial Reporting Directive Help? , Corporate and Finance Law Summer School, National College of Ireland, 14 August 2017, 2017, European Law Students Association
Ahern, Deirdre, Realising the Leadership Potential of Women in Business: Are Quotas Really the Answer?, Graduate Women International Third Triennial, Cape Town Convention Centre, 24 August 2016, 2016
Nominee Directors, Section 172 of the Companies Act 2006 and Divided Loyalties: A Story of Legal Lag, Herbert Smith Freehills, 20 October , 2016, Herbert Smith Freehills
Deirdre Ahern, Mandating Sustainability Reporting: The Non-Financial Reporting Directive as a Regulatory Tool to Enhance Corporate Engagement with the EU Sustainability Agenda, Constructing Regulatory, Reporting and Accreditation Tools for Corporate Social Respnsibility, Trinity Long Room Hub, Trinity College Dublin, 17 September 2015, 2015
Ahern, Deirdre, Mandating Sustainability Reporting: The Non-Financial Reporting Directive as a Regulatory Tool to Enhance Corporate Engagement with the EU Sustainability Agenda, CSRxChange: Constructing Regulatory, Reporting and Accreditation Tools for Corporate Social Responsibility, The Long Room Hub, Trinity College Dublin, 17 October 2015, 2015
Ahern, Deirdre, CSRxChange: Constructing Regulatory, Reporting and Accreditation Tools for Corporate Social Responsibility, 17 October 2015, 2015, The Long Room Hub, Trinity College Dublin
Deirdre Ahern, Promoting Gender Diversity: Some Reflections on Listed Companies' Approach to Diversity in their Annual Reports, Women on Boards, Irish Women Lawyers' Association, Law Society Dublin, 10 December 2014, 2014
Ahern, Deirdre, Subordinating Directeorial Ambition: Social Cohesion and the Absolutist Approach to Corporate Opportunities , Law School Research Workshop, 13 November 2014, 2014
Deirdre Ahern, The Commercial Court, Review of The Commercial Court, by Stephen Dowling , The Irish Jurist, 51, 2014, p211-212
Ahern, Deirdre, Critical Reflections on the SUP Proposal: An Irish and Common Law World Perspctive, Close Corporations in Europe: Towards a Common Frame of Reference, University Rey Juan Carlos, Madrid, 20 November 2014, 2014, Professor Jorge Viera Gonzalez
Ahern, Deirdre, Promoting Gender Diversity: Some Reflections on Listed Companies' Approach to Diversity in their Annual Reports, Women on Boards, Law Society of Ireland, 10 December 2014, 2014, Irish Women Lawyers Association
Ahern, Deirdre, Internet Governance and Regulation, Law Society E-Commerce Diploma , Law Society of Ireland, 1 June 2014, 2014, Law Society of Ireland
Ahern, Deirdre, Codification of Directors' Duties: An Assessment of the New Statutory Framework, Duties of Directors and Secretaries under the Companies Bill, Farmleigh, Phoenix Park, Dublin, 13 October 2014, 2014
Ahern, Deirdre, (Panel Chair) Can Academics Make a Difference?, Irish Association of Law Teachers Annual Conference, Kilkenny, 7-9 November 2014, 2014, Irish Association of Law Teachers
Ahern, Deirdre, Reform of the Private Company - A Common Law World Perspective, Meeting of the Cross-Europe Working Group on Reform of the Private Company, University Rey Juan Carlos, Madrid, 8 November 2013, 2013, Professor Jorge Viera Gonzalez
Ahern, Deirdre and Clarke, Blanaid, Keynote address: Companies Reporting of Diversity: A Multi-Jurisdictional Study, 12th European Corporate Governance and Company Law Conference, Convention Centre, Dublin, 17 May 2013, 2013, European Commission / Department of Jobs, Enterprise & Innovation
Ahern, Deirdre and Clarke, Blanaid, Gender Diversity on Corporate Boards: Recent Research and Regulatory Initiatives, 6 November 2013, 2013, The Long Room Hub, Trinity College Dublin
Ahern, Deirdre, Codification of Company Law, Statute Law and Alternative Solutions, Codification, Restatement, Common Law, Houses of Parliament, Westminster, 14 November 2013, 2013
Ahern, Deirdre, Invited keynote: Tokenism or Real Engagement: Listed Companies' Self-Reporting on Diversity in their Annual Reports, Women on Boards, University College Cork, 21 June 2013, 2013, Professor Irene Lynch-Fannon
Ahern, Deirdre, Loyalty (Respondent), Loyalty, Trinity College Dublin, 11 November 2013, 2013, Private Law Discussion Group
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Current Developments in Corporate Governance Policy and Practice, 29 March 2012, 2012, Royal Irish Academy, Dublin
Ahern, Deirdre, Current Issues in Corporate Governance Policy, Current Developments in Corporate Governance and Policy and Practice, Royal Irish Academy, Dublin, 29 March 2012, 2012
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Corporate Compliance and Enforcemnt, 5 December 2012, 2012, Shelborne Hotel, Dublin
Ahern, Deirdre, Keynote address: The Impact of the Commercial Agents Directive, Key Issues in Business Law, University of Zaragoza, Spain, 19 April 2012, 2012
Ahern, Deirdre, (Panel Chair) New Directions in Corporate and Commercial Law, Legal Scholarship and Judicial Reasoning: A Mutual Interaction, Fitzpatrick Castle Hotel, Dublin, 16-18 November 2012, 2012
Ahern, Deirdre, The Corporate Objective, Review of The Corporate Objective, by Andrew Keay , International Company and Commercial Law Review, 23, (6), 2012, p221-222
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Transitioning to the New Form Private Company Limited by Shares: Structure and Governance under the Companies Bill, 21 July 2011, 2011, Dublin Castle
Ahern, Deirdre, Fundamental Principles of Irish Company Law, Fundamental Principles of Irish Company Law, University of Islas Balearas, Palma, Majorca, 11 April 2011, 2011, Faculty of Law, University of Islas Balearas
Ahern, Deirdre, "The Proposed European Private Company and the Market for Company Formation in the European Union", Inaugural lecture of the Centre for Financial Law, University Rey Juan Carlos, Madrid, 12 April 2011, 2011
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Company Charges and Financial Assistance: The Significance of Planned Reforms in Law and Practice, 9 November 2011, 2011, Royal Irish Academy, Dublin
Ahern, Deirdre, Codifying Directors' Duties: Implications for Directors and Shareholders, Transitioning to the New Form Private Company Limited by Shares: Structure and Governance under the Companies Bill, Dublin Castle, 21 July 2011, 2011
Ahern, Deirdre, (Panel Chair) The Challenges of Contemporary Governance, Added Valu(s): The Role of Law in Contemporary Society, Irish Association of Law Teachers, Athlone, 18-20 November 2011, 2011
Ahern, Deirdre, Invited lecture: The Impact of the European Private Company (SPE) on National Company Law, The Impact of the European Private Company (SPE) on National Company Law, University of Zaragoza, Spain, 14 April 2011, 2011
Ahern, Deirdre, (Panel Chair) Research Metrics for Law, Thirty Years of Irish Scholarship: Lessons form the Past, Visions for the Future, Limerick, 27 November 2010, 2010, Irish Association of Law Teachers
Ahern, Deirdre, (Panel Chair) "Participation in and Provision of Home care; Advocacy and Service User Involvement", Becoming Visible: Older People as Active Participants in the Community and in Long-term Care Settings, Dublin Castle, 16-17 October 2010, 2010
Ahern, Deirdre, The Consumer Protection Act 2007: Implications for Legal Practice, 4 December 2007, 2007, Trinity College Dublin
Ahern, Deirdre, Practical Implications of the Consumer Protection Act 2007, The Consumer Protection Act 2007: Implications for Legal Practice, Trinity College Dublin, 4 December 2007, 2007
Ahern, Deirdre, Directors' Compliance Statements - An Update, Recent Developments in Regulation and Compliane, Trinity College Dublin, 6 May 2006, 2006
Deirdre Ahern and Ailbhe O'Neill, Recent Developments in Regulation and Compliance, 6 May 2006, 2006, Trinity College Dublin
Ahern, Beware the Irish Commercial Agent, New Law Journal, 56, 2006, p620 - 620
Ahern, Deirdre, "Legal Capacity and Vulnerable Adults" , Vulnerable Adults and the Law workshop , Ballymun Community Centre, 28 July 2005, 2005
Ahern, Deirdre, (Panellist) Elder Abuse, National Conference on Elder Abuse - Reach Out, Dublin, 25 November 2004, 2004
Research Expertise
Projects
- Title
- The Changing Face of Directors' Duties in the EU: Making Companies Responsible for Sustainability and Human Rights across Global Supply Chains
- Summary
- The project arises against the backdrop of increasing interest in making companies and/or their officers liable for environmental, social and governance matters, not only in relation to the company, but also in relation to its worldwide operations and supply chain. The project focuses on study of the European Commission's Proposal for an EU Directive on Corporate Sustainability Due Diligence published in April 2022 (European Commission, Proposal for a Directive on Corporate Sustainability Due Diligence SEC (2022) 95 final). Significantly this will considerably expand the reach of corporate responsibility and directors' duties and liabilities. This EU Directive presents solutions to issues touched upon in jurisdictional tug-of-war cases concerning the potential liability for parent companies for environmental and human rights abuses of their subsidiaries. Furthermore it demands that companies integrate climate and human rights concerns into their strategy, moving away from traditional focus on profit maximisation. The project is aimed at providing a cutting-edge early stage assessment of the proposed Directive's likely impact across the EU single market. Research Objectives The objective is to build an understanding of the likely impact of the ground-breaking Directive on: (1) the development of legal duties, liabilities, and theory applicable to directors in EU Member States; and (2) an understanding how it may impact differentially on companies depending on Member State choices in implementing the Directive based on Member State law on directors' duties and also the discretion provided by the Directive around enforcement and remedies.
- Funding Agency
- Trinity Research in Social Science (TRiSS)
- Date From
- 2022
- Title
- Determining The Future of Artificial Intelligence, Generative AI and Regulation: A Comparative Transnational Context
- Summary
- Artificial Intelligence is transforming our society. Important cutting-edge questions need to be probed about rights, safeguards and regulatory approaches and their impact on industry and citizens. This award will provide seed funding for a new research stream on regulatory issues on Artificial Intelligence and Generative AI that are beginning to be debated around the globe.
- Funding Agency
- Trinity College Dublin
- Date From
- 8 July 2024
- Date To
- 7 July 2025
- Title
- CSRxChange: Constructing Regulatory, Reporting and Accreditation Tools for Corpoate Social Responsibility
- Summary
- The Non-Financial Reporting Directive 2014/95/EU breaks new regulatory ground in requiring Member States to legislate by 6 December 2016 in relation to mandatory sustainability reporting for large companies using a 'comply or explain' model. Previously corporate social responsibility ("CSR") had been viewed as essentially voluntary by the EU for a long time and globally regulation has proved largely elusive. Nonetheless many companies have embraced CSR and have sought voluntary certification to show their engagement with sustainability. Transparent sustainability reporting provides material which enables stakeholders to engage with companies in relation to the adoption of socially responsible business practices in areas such as conditions of employment, environmental impact and human rights. Against this background, this project considers engagement with corporate social responsibility (CSR) in Ireland and reporting and regulatory challenges and pitfalls. Relevant themes to be explored will include sustainability and diversity as sound business practice, the role of voluntary accreditation schemes and appropriate sustainability reporting frameworks. The project will also focus on likely regulatory outcomes of implementation of the Directive in relation to corporate sustainability disclosures will also be examined from the perspectives of both regulator and affected companies.
- Funding Agency
- Irish Research Council
- Date From
- 2015
- Title
- Artificial Intelligence in the Era of the EU AI Act: A New Frontier
- Funding Agency
- School of Law, Trinity College Dublin
- Date From
- 2024
- Date To
- 2025
- Title
- An Examination of the Shareholders' Right Directive
- Summary
- This project involved examining the legal and practical implications for Ireland of implementing the Shareholders' Rights Directive including issues such as proxy voting and the right of shareholders to ask questions.
- Date From
- September 2009
- Date To
- February 2010
- Title
- The Legal Duties of Nominee Directors
- Summary
- This project focused on examining how the conflict of duties of nominee directors, based on the expectation that a nominee director would further their appointer's interests rather than those of the company, can be legally resolved.
- Date From
- October 2009
- Date To
- December 2009
Recognition
Representations
Member of Irelands' Artificial Intelligence Advisory Council
Devising and co-delivering Principles of Fiduciary Corporate Law course for the Duke-Geneva Transnational Law Institute
Co-editor of the Irish Business Law Review
Secretary of the Irish Association of Law Teachers
Director of the Irish Corporate Law Forum http://www.iclf.ie/
President of the Irish Association of Law Teachers
Member of the Steering Committee of the Trinity Consortium on Ageing
Member of the Quality Committeee, TCD
Member of the Law Society Business Law Committee
Member of the Law Reform Commission's Working Group on Vulnerable Adults and the Law
Member of the Research Ethics Committee of the Royal College of Physicians of Ireland's Faculty of Public Health Medicine
Awards and Honours
Award for Excellence in Supervision of Research Students
Directors' Duties: Law and Practice shortlisted for Kevin Boyle Prize for Outstanding Legal Scholarship
Fellow, Trinity College Dublin
Visiting Scholar, Duke University
Herbert Smith Visitng Fellow, Faculty of Law, Cambridge University
Highly Commended, Provost's Teaching Awards
Memberships
Appointed to Ireland's Company Law Review Group
Appointed member of the European Commission's Informal Company Law and Corporate Governance Expert Group
Member of the League of European Research Universities' Legal Team on Artificial Intelligence
Member of the Law Society of Ireland
Member of the Society of Legal Scholars
Member of the European Corporate Governance Institute
Member of the Steering Committee of the Daughters of Themis international network for women business scholars
News and Events
Call for Papers for the Technologies, Law and Society Research Group’s International Symposium Governing Artificial Intelligence: Designing Legal and Regulatory Responses. Friday 3 June 2022.
Symposium Objectives
Founded in 1740, Trinity College Dublin’s School of Law, is one of the leading Law Schools in Europe. The Technologies, Law and Society Group in the School of Law is organising a one-day symposium on addressing the global challenge presented by the growing impact of artificial intelligence (‘AI’) on business, society, and the world of work.
The symposium aims at examining the legal and regulatory challenges posed in the fourth industrial revolution by the advent of AI. Contributors to the symposium will seek to engage creatively with the benefits offered by AI, dangers posed and potential legal and regulatory approaches. AI brings unparalleled opportunities but significant ethical, legal, and regulatory challenges, raising issues that frequently transcend national boundaries. Algorithmic engagement with big data, machine learning, autonomous vehicles, and robo-advisors (to name but a few) are challenging incumbent practices and firms. This evolution gives rise to new issues which hold significance, not just for private parties, but for governments, legislators, regulators, policymakers, and courts and, more broadly, for how fields of law respond to AI’s emergence. Can law and regulation be optimised to address the challenges posed without unduly stifling innovation?
Procedure for Submitting Papers
We welcome submissions from scholars at all career stages from doctoral students to senior scholars. Intending participants are invited to submit an abstract (maximum 500 words) by email to Professor Deirdre Ahern: deirdre ahern @ tcd.ie. The deadline for submission is 17.00 hours (GMT) Friday 8 April 2022.
Submissions will be considered by the Conference Committee and decisions on acceptance will be communicated by 22 April 2022. Participants should note that they will be required to fund their own travel and accommodation expenses.Presentations will be organised into chaired panels and the presentation time for each participant will be 20 minutes.
Paper Topics
Papers for this symposium on Governing Artificial Intelligence: Designing Legal and Regulatory Responses are invited on a broad range of topics relating to AI and its regulation including examination of the potential impact of AI on any field of law. International and comparative perspectives are welcomed. Sample topics broadly include, but are not limited to:
- Liability issues surrounding AI deployment;
- Ethical issues surrounding AI;
- Algorithmic bias;
- Regulatory modalities for AI including regulatory sandboxes;
- AI in the context of financial services law;
- AI and corporate governance;
- Competition law issues concerning AI and algorithms;
- Big data, data privacy, data security, cyber-resilience;
- AI and intellectual property;
- RegTech and SupTech.
Symposium Venue
The symposium will take place on Friday 3 June 2022 at Trinity Long Room Hub, Trinity College Dublin. Trinity College Dublin was established in 1592 and its historic campus is situated in the heart of Dublin city centre within easy access from Dublin airport.
More information on the Technologies, Law and Society Research Group can be found here
Webinar - Central Bank Digital Currencies: Political Economy and Regulatory Challenges.
Date and Time: Wednesday 5 May 2021, 1-2pm IST
Speaker: Dr. Kosmas Kaprinis - Dr. Kosmas Kaprinis works for the HSBC Group (London) as a global regulatory manager and is a visiting professor of fintech at IE University (Madrid). In the past, he held assignments at the European Central Bank, the World Bank and legal private practice, as well as teaching and research appointments at Harvard, Oxford and Frankfurt universities. An economist and lawyer by training, Kosmas completed a masters and doctorate in law and finance at Oxford University and a masters in public policy at Harvard University.
Respondent: Dr. Alexandros Seretakis - Director of MSc in Law and Finance, Trinity College Dublin
Chair: Profesor Deirdre Ahern - Director of Technologies, Law and Society Research Group, Trinity College Dublin
As digital innovation in relation to currencies expands, the traditional concept of money is being challenged. The potential benefit of central bank digital currencies is receiving increasing attention among scholars, policy-makers and the commercial community as well as by central banks globally including the European Central Bank which is examining the potential for issuing a digital euro. Dr Kosmas Kaprinis will bring his cross-disciplinary experience to bear in addressing the key political economy and regulatory challenges that this evolving domain presents.
A warm welcome to Professor Félix Mezzanotte.
The Technologies, Law and Society Research Group welcomes Dr Félix Mezzanotte, Assistant Professor in Financial Services Law as its newest member. His recent FinTech work has focused on the interaction between crypto-assets and securities regulation.
1st Year PhD student Lucia della Ventura recipient of Women Who Wow Award.
Congratulations to Lucia della Ventura, a first year PhD student under the superision of Professor Deirdre Ahern at the School of Law carrying out research on legal liability for Artificial Intelligence. Lucia is the recipient of a Women Who Wow award and is being mentored on the development of her business idea that focuses on providing Blockchain service solutions by means of smart contract transactions.
Free public lecture hosted the Technologies, Law and Society Researh group - 23 March 2020
Professor Jeanne Fromer of NYU law faculty is co-director of the Engelberg Center on Innovation Law and Policy. She specializes in intellectual property, including copyright, patent, trademark, trade secret, and design protection laws. Her scholarship studies trade secret and copyright laws in light of growing uses of artificial intelligence; the ways that copyright and trademark holders take intellectual property into their own hands; the claiming systems for design protection pursuant to copyright, design patent, and trademark laws; and the protectability of fashion designs in intellectual property.
Past Events
Professor Deirdre Ahern appointed as a member of European Commission’s Informal Company Law Expert Group for 2020-2024.
The School of Law welcomes the appointment of Dr Maria Grazia Porcedda, as Assistant Professor of Information Technology.
Professor Deirdre Ahern has been appointed to a research project at the National University of Singapore on AI and Private Law.
Getting Ready for the GDPR - CPD Event - Wednesday, 9th May 2018 This panel event will provide a timely update on the General Data Protection Regulation (GDPR), which comes into force on the 25th of May 2018. Our speakers will cover a number of important topics including: state of play on the GDPR in the Irish context; data protection damages; the new Irish Data Protection Bill; and issues raised by emerging technologies, focusing on the example of commercial genetic tests.
Intelligent Machines: Who (or What) Creates a Work of Authorship? Guest lecture by Professor Jane C. Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia University (School of Law), on Thursday, 25 January 2018
Academic Members
Deirdre Ahern
Professor Deirdre Ahern
Professor in, Law
Biography
Professor Deirdre Ahern LLB (Hons) (Dub), MA (Jure Officii) (Dub), LLM (Commercial Law) (Cantab), PhD (Dub), FTCD, FRSA, Solicitor (Law Society of Ireland), Dip (E-Commerce Regulation) (Law Society of Ireland).
Deirdre is Director of the Technologies, Law and Society Research Group at Trinity College Dublin. She is a Fellow of the Information Society Law Centre at the University of Milan and a member of the global Quantum Humanities Network hosted by Innsbruck Quantum Ethics Lab. Her research agenda engages with the societal and legal expectations of companies and their directors including the ethical and regulatory challenges presented by globalisation and new technologies including quantum technologies. She is an expert on corporate governance and global regulatory approaches to new technologies including AI.
As an appointed member of Ireland's AI Advisory Council Deirdre is providing advice to the Government on AI issues. A member of Ireland's Company Law Review Group 2022-2026 and an appointed member of the European Commission's Informal Company Law and Corporate Governance Expert Group for 2020-2024, Deirdre works nationally and internationally on policy development and provides consultancy on policy and legal reform.
She has published widely including in the Law Quarterly Review, the Modern Law Review, the Journal of Business Law, the European Company and Financial Law Review and the European Business and Organization Law Review. Her current research projects are (1) Determining The Future of Artificial Intelligence, Generative AI and Regulation: A Comparative Transnational Context and (2) Constructing Regulatory Approaches for New Technologies and The Changing Face of Directors' Duties in the EU: Making Companies Responsible for Sustainability and Human Rights across Global Supply Chains.
Deirdre has a track record of publishing cutting-edge transformative work which is well cited in academic, policy, judicial and legal practice contexts. Professor Ahern was elected to Fellowship of Trinity College in 2012 on the basis of her contribution to scholarship. In 2022 Professor Ahern was appointed to membership of the Royal Irish Academy's Ethics, Politics, Law and Philosophy Committee. She sits on the editorial board of the Journal of Business Law and the Law and Financial Markets Review and is a contributing editor to Gore-Browne on Companies.
Professor Ahern welcomes expressions of interest in PhD supervision and post-doctoral research from excellent applicants in the following areas: legal and ethical aspects of Quantum Technologies; regulating AI including Generative AI; regulatory sandboxes; the EU Corporate Sustainability Due Diligence Directive and the EU Corporate Sustainability Reporting Directive.
Access to publications: via Google Scholar and Researchgate.
Publications and Further Research Outputs
Peer-Reviewed Publications
Deirdre Ahern, 'Op-Ed, 'Fanning Case Heralds a 'New Frontier of AI-related Libel Law'', The Irish Times, 25 January 2024, The Irish Times, 2024, -
Corporate Law, Corporate Governance and AI: Are we Ready for Robots in the Boardroom? in, editor(s)Ernest Lim and Phillip Morgan , The Cambridge Handbook of Private Law and Artificial Intelligence, Cambridge, 2024, pp409-430 , [Deirdre Ahern]
Deirdre Ahern, The Future is Green: Reflections on the Impact of EU Obligations on Sustainability Reporting and Due Diligence on Companies, The Future is Green: Reflections on the Impact of EU Obligations in Sustainability Reporting and Due Diligence on Companies, University of Florence, 10 April 2024, 2024, University of Florence
Deirdre Ahern, Eoin O'Dell, Mina Hosseini, Maria Fitzpatrick, Daryl Lim, Regulating in an Uncertain Future - AI and Beyond, Competition Law: Regulating Tech Platforms & Data, Trinity Long Room Hub, 18 April 2024, 2024, Boston College Law School
Deirdre Ahern, The New Anticipatory Governance Culture for Innovation: Regulatory Foresight, Regulatory Experimentation and Regulatory Learning, European Business Organization Law Review, 2024
Deirdre Ahern, Current Legal Issues Presented by Artificial Intelligence: The Fundamental Rights Interface, Current Legal Issues Presented by Artificial Intelligence: The Fundamental Rights Interface, Department of Law, University of Florence, 10 April 2024, 2024, Professor Elena Urso
The Informal Company Law and Corporate Governance Expert Group, Report on Cross-border Use of Company Information, Brussels, European Commission, 2023, 1-26
Company Law Review Group, Report on the Director's Compliance Statement, 2023, Company Law Review Group, December, 2023, 219
Deirdre Ahern, The EU Sustainability Reporting Ripple and What it Means for SMEs, Corporations and Sustainability: Fresh Perspectives, European University Institute, 21 November 2023, 2023, The Finance, Innovation and Regulation Working Group, EUI, 1-13pp
Deirdre Ahern, How should the EU Regulate Generative AI?, The Challenges and Opportunities of Generative AI and the AI Act, Speinshart Abbey, Germany, 26-28 June, 2023, Professor Udo Faisal
Corporate Law and Statutory Liability in, editor(s)Martin Petrin and Christian Witting , Research Handbook on Corporate Liability, United KIngdom, Edward Elgar, 2023, pp62 - 82, [Deirdre Ahern]
D. Ahern, I. Bratko, S. Das et al, The Speinshart Recommendations on Generative AI and the EU AI Act, Speinshart Reports, 2023
The Sustainability Reporting Ripple: Direct and Indirect Implications of the EU Corporate Sustainability Reporting Directive for SME Actors in, editor(s)Alessio Bartolacelli , The Prism of Sustainability, Macerata, Italy, University of Macerata, 2023, pp1 - 21, [Deirdre Ahern]
Informal Company Law and Corporate Governance Expert Group, Report on Transparency of Company Data, Brussels, European Commission, 2023, 1-25
Deirdre Ahern, I fought the law and AI won: Regulation, Law, Copyright and Human Rights in the Face of Generative AI, Surfing the Fringe of AI, Imperial College London, 31 October 2023, 2023, Professor Udo Faisal
'The Role of Sectoral Regulators and other State Actors in Formulating Novel and Alternative Pro-Competition Mechanisms In Fintech' in, Konstantinos Stylianou, Marios Iacovides, and Bjorn Lundqvist , Fintech Competition: Law, Policy, and Market Organisation, United KIngdom, Hart-Bloomsbury, 2023, pp307-330 , [Deirdre Ahern]
Deirdre Ahern, What is the Board's Role in Governing the Business Use of AI?, What is the Board's Role in Governing the Business Use of AI?, Webinar, 11 May 2023, 2023, The Sustainability Board Report
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
The Informal Company Law Expert Group, Report on Virtual Shareholder Meetings and Efficient Shareholder Communication, Brussels, European Commission, 2022, p1 - 29
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2022, [Deirdre Ahern]
"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]
International and Comparative Corporate Law Journal, 15, 2, (2022), 9 - 112p, Tineke Lambooy, Deirdre Ahern and Diletta Lenzi, [eds.]
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
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2022, [Deirdre Ahern]
Law and Financial Markets Review, United Kingdom, Taylor and Francis, [eds.], 2021
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2021, [Deirdre Ahern]
Deirdre Ahern, Regulatory Law and Regulatory Friction as FinTech Disenablers: Calibrating an EU Policy Response to the Adaptive Regulatory Sandbox in Member States, European Business Organization Law Review, 22, 2021, p395 - 432
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, United Kingdom, Lexis Nexis UK, 2021, [Deirdre Ahern]
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2020, [Ahern, Deirdre]
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
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2020, [Ahern, Deirdre]
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
Ahern, Deirdre, Regulators Nurturing FinTech: Global Evolution of the Regulatory Sandbox as Opportunity-based Regulation, 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
Ahern, Deirdre (in conjunction with European Banking Institute), Addressing the Global Challenge of Responsive FinTech RegulationFinTech, 8 March 2019, 2019, Trinity College Dublin
Jain, T.; Sharma, K. & Ahern, D. , Crossing borders: The impact of western gender diversity laws in non-western corporate boards, International Association for Business and Society, San Diego, USA, 2019
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, 2019, [Ahern, Deirdre]
Deirdre Ahern, Regulators Nurturing FinTech Innovation: Global Evolution of The Regulatory Sandbox as Opportunity-Based Regulation, Indian Journal of Law and Technology, 15, (2), 2019, p345 - 378
"Majority Rule and Minority Protections: Theoretical Frameworks and National Practice in the Shadow of the EU: The Case of Ireland" in, editor(s)A.J. Viera Gonzalez and C. Teichmann , Conflicts of Interest between Majorities and Minorities in the EU Member States Private Company Law, Spain, Thomson Reuters Aranzadi, 2019, pp117 - 169, [Deirdre Ahern]
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2019, [Ahern, Deirdre]
Ahern, Deirdre, Opportunity-based Regulation: The Function of the Regulatory Sandbox for FinTech, Addressing the Global Challenge of Responsive FinTech regulation, Trinity College Dublin, 8 March 2019, 2019
Deirdre Ahern, Regulatory Arbitrage in a FinTech World: Devising an Optimal EU Regulatory Response to Crowdlending, Journal of Business Law, (3), 2018, p193 - 214
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2018, [Ahern, Deirdre]
Irish Business Law Review, Dublin, Clarus Press, [eds.], 2018-2018
Deirdre Ahern, Regulatory Arbitrage in a FinTech World: Devising an Optimal EU Regulatory Response to Crowdlending European Banking Institute Working Paper Series No.24, 2018
Deirdre Ahern, The Mythical Value of Voice and Stewardship in the EU Directive On Long-Term Shareholder Engagement: Rights Do Not An Engaged Shareholder Make, Cambridge Yearbook of European Legal Studies, 20, 2018, 88 - 115
Deirdre Ahern, "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
Ahern, Deirdre, "The United Nations HeForShe project: Leveraging the modelling power of university champions' shared transformative gender commitments to drive sectoral buy-in, 10th European Conference on Gender Equality in Higher Education, Trinity College Dublin, 20 August 2018, 2018
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2018, [Ahern, Deirdre]
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2017, [Ahern, Deirdre]
Irish Business Law Review, Dublin, Clarus Press, [eds.], 2017-2017
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2017, [Ahern, Deirdre]
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2016, [Ahern, Deirdre]
Deirdre Ahern, Turning Up the Heat? EU Sustainability Goals and the Role of Reporting under the Non-Financial Reporting Directive, European Company and Financial Law Review, 13, (4), 2016, p599 - 630
Management of a Company in, editor(s)Alisatair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2016, [Ahern, Deirdre]
Ahern, Deirdre, What to Do? Public Interest Director Appointments in Nationalised Banks: A Post-Financial Crisis Review of Role Delineation and Fiduciary Duties, Society of Legal Scholars Annual Conference, Oxford University, 6 September 2016, 2016
Irish Business Law Review, Dublin, Clarus Press, [eds.], 2016-2016
Ahern, Deirdre, The EU, Close Corporations and Member State Sovereignty: Too Close for Comfort? Reflections on the Evolving Societas Unius Personae Proposal, Irish Business Law Review, 3, (1), 2016, p21 - 35
The Societas Unius Personae: Using the Single-Member Company as a Vehicle for EU Private Company Law Reform, Some Critical Reflections on Regulatory Approach in, editor(s)A.J. Viera Gonzalez and C. Teichmann , Private Companies in Europe: the Societas Personae (SUP) and the Recent Developments in the EU Member States, Navarra, Spain, Thomson Reuters Aranzadi, 2016, pp55 - 87, [Ahern, Deirdre]
Irish Business Law Review, Ireland, Clarus Press, [eds.], 2015-2015
Close Corporations: A Common Law World Perspective: the Case of Ireland in, editor(s)Jorge Viera Gonzales and Christoph Teichmann , Private Company Law Reform: The Race of Flexibility, Thomson Reuters Aranzadi, 2015, pp243 - 283, [Deirdre Ahern]
Ahern, Deirdre, Rethinking the Foundations of Directors' Duties to Incorporate Public Interest Considerations", , Irish Association of Law Teachers Annual Conference, NUIG, Galway, 27-29 November 2015, 2015
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2015, [Ahern, Deirdre]
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Preparing Private Companies for the Companies Bill: New Company Forms and Company Constitutions, 7 February 2014, 2014, Dublin Castle
Deirdre Ahern, "Codification of Company Law: Taking Stock of the Companies Act 2006", Statute Law Review, 35, (1), 2014, p1 - 14
Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2014, [Ahern, Deirdre]
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Duties of Directors and Secretaries under the Companies Bill, 13 October 2014, 2014, Farmleigh, Phoenix Park, Dublin
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2014, [Ahern, Deirdre]
C. Gerner-Beurele, P. Paech and E. Schuster, Study on Directors' Duties and Liability, 2013
Deirdre Ahern and Blanaid Clarke, Listed Companies' Engagement with Diversity: A Multi-Jurisdictional Study of Annual Report Disclosures, Ireland, Department of Jobs, Enterprise and Innovation, June 2013, 2013, p1 - 107
Directors - Appointment, Removal and Vacation of Office in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2013, [Deirdre Ahern]
Ahern, Deirdre, Diversity Reporting: The Value of a Structured Reporting Protocol to Manage Annual Report Disclosures, Irish Association of Law Teachers Annual Conference, Belfast, 23 November 2013, 2013
Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2013, [Deirdre Ahern]
Company and Insolvency Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2012, Dublin, Round Hall, 2013, pp81 - 89, [Deirdre Ahern and Noel McGrath]
Deirdre Ahern and Blanaid Clarke, Listed Companies' Engagement with Diversity: A Multi-Jurisdictional Study of Annual Report Disclosures, 2013
Deirdre Ahern (As Council member of the Irish Association of Law Teachers), Changing Times for the Legal Professions - Re-evaluating the Role of the Law Teacher, 22-24 November 2013, 2013, Stormont Hotel, Belfast
Deirdre Ahern, "New Irish Offence of Withholding Information in relation to the Commission of a Criminal Offence", The Company Lawyer, 33, (4), 2012, p109 - 110
Deirdre Ahern, Directors' Duties, Dry Ink and the Accessibility Agenda , Law Quarterly Review, 128, 2012, p114 - 139
Company and Insolvency Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2011, Dublin, Round Hall, 2012, pp128 - 152, [Deirdre Ahern and Noel McGrath]
Ahern, Deirdre (as President of the Irish Association of Law Teachers), Legal Scholarship and Judicial Reasoning; A Mutual Interaction, 16-18 November 2012, 2012, Fitzpatrick Castle Hotel, Dublin
Deirdre Ahern, Guiding Principles for Directorial Conflicts of Interest: Re Allied Business and Financial Consultants Ltd; O'Donnell v Shanahan, Modern Law Review, 74, 2011, p596 - 607
The Company Lawyer, Sweet and Maxwell, [eds.], 2011-2014
Deirdre Ahern, Nominee Directors' Duty to Promote the Success of the Company: Commercial Pragmatism and Legal Orthodoxy , Law Quarterly Review, 127, 2011, p118 - 146
Ahern, Deirdre, At Home, at Risk: Comparative Perspectives on the Regulation of Domiciliary Care Provision for the Ageing Population", Centre for Ageing and Research and Development in Ireland (CARDI) international conference, Ageing Globally - Ageing Locally, Croke Park, 2-3 November 2011, 2011
Ahern, Deirdre (as Council member of the Irish Corporate Law Forum), Added Value(s): The Role of Law in Contemporary Society, 18-20 November 2011, 2011, Athone
Deirdre Ahern and Karen Maher, The Continuing Evolution of Proxy Representation, Journal of Business Law, 2, 2011, p125 - 143
Ahern, Deirdre, Directors' Duties in Plain Sight: The Accessibility Agenda Delivered?, Law in Politics, Politics in Law (Society of Legal Scholars), Downing College, Cambridge University, 7 September 2011, 2011
Journal of Business Law, United Kingdom, Sweet and Maxwell, [eds.], 2011-2020
Deirdre Ahern, Directors' Duties: Broadening the Focus Beyond Content to Examine the Accountability Spectrum, Dublin University Law Journal, 33, 2011, p116 - 152
Deirdre Ahern, Irish Legislative Proposals for Clarification of Nominee Directors' Best Interests Duty , The Company Lawyer, 31, 2010, p291 - 297
Ahern, Deirdre, The Application of Section 172 of the Companies Act 2006 to Nominee Directors, Society of Legal Scholars Annual Conference, University of Southampton, 14-16 September 2010, 2010
Deirdre Ahern, Legislating for the Duty on Directors to Avoid Conflicts of Interest and Secret Profits: The Devil in the Detail, Irish Jurist , 46, 2010, p82 - 106
D. Ahern, K. Maher, J. O'Brien, D. O'Neill, Elder financial exploitation and the responsibility of financial providers in Ireland: The contribution of the financial services ombudsman, European Geriatric Medicine, 6th Congress European Union Geriatric Medicine Society, Dublin, 2010, 1, 2010, ppA203 - A203
Deirdre Ahern, Legislating for Directors' Duty to Exercise Care, Skill and Diligence in Ireland: A Comparative Perspective, International Company and Commercial Law Review, 8, 2010, p268 - 273
Deirdre Ahern, Replacing 'Comply or Explain' with Legally Binding Corporate Governance Codes - An Appropriate Regulatory Response?, Regulation in an Age of Crisis, University College Dublin, 18 June 2010, 2010
Deirdre Ahern (As Council member of the Irish Associaton of Law Teachers), Thirty Years of Legal Scholarship: Lessons from the Past, Visions for the Future, 27 November 2010, 2010, Limerick
Deirdre Ahern, The Formation of Insurance Contracts and the Duty of Insurers, Commercial Law Practitioner, 16, (4), 2009, p84 - 87
Deirdre Ahern, Directors' Duties: Law and Practice, Dublin, Round Hall, 2009, 1-700pp
Deirdre Ahern, The Responsible Director in an Economic Downturn: Lessons from the Restriction Regime, Dublin University Law Journal, 31, 2009, p183 - 205
Deirdre Ahern, "Hemat v The Medical Council: the Wouters Legacy Revisited", European Competition Law Review, 6, 2007, p366 - 370
Deirdre Ahern, Martha Doyle and Virpi Timonen, Regulating home care of older people: the inevitable poor relation?, Dublin University Law Journal, 29, 2007, p374 - 396
Ahern, Kenny v Ireland ROC Ltd: Commercial Agents - Not Negotiable?, Dublin University Law Journal, 28, 2006, p296 - 316
Ahern, Directors' Compliance Statements under the Microscope, Commercial Law Practitioner, 13, 2006, p137 - 145
Healthcare Decisions: Recognising the Decision-Making Capacity of Older People to Consent to and to Decline Treatment in, editor(s)O'Dell E , Older People in Modern Ireland: Essays on Law and Policy, Dublin, First Law, 2006, [Ahern D]
Law Reform Commission, Report on Vulnerable Adults and the Law (LRC 83-2006), Ireland, 2006
Ahern, Deirdre, The Rule Against Shareholders' Recovery of Reflective Loss, Commercial Law Practitioner, 12, 2005, p163 - 168
Ahern, Deirdre, Corporate Killing in Ireland - A new Paradigm, Irish Law Times, 22, 2005, p235 - 240
Ahern, The Domain Game - introducing 'dot eu', Commercial Law Practitioner, 11, 2004, p275 - 279
Ahern, Deirdre, Corporate Killing - The Law Reform Commission's Proposals, Law in the Modern World: New Problems, New Solutions, Derry, Northern Ireland, 2-4 April 2004, 2004
Ahern, D, Unlimited Corporate Capacity - Plotting the slow demise of ultra vires, Commercial Law Practitioner, 11, 2004, p27 - 30
Law Reform Commission, Seminar Paper on Law and the Elderly, 2003
Law Reform Commission, Consultation Paper on Corporate Killing, Dublin, 2003
Ahern, Corporate Killing: The Way Forward, Irish Criminal Law Journal, 13, (3), 2003, p10 - 14
Law Reform Commission , Consultation Paper on Vulnerable Adults and the Law: Capacity, Dublin, 2003
Non-Peer-Reviewed Publications
Deirdre Ahern, Regulatory Sandboxes under the EU AI Act: Opportunities and Challenges, Milan Information Society Law Center Conference, University of Milan, 11-12 June, 2024, Information Society Law Center, University of Milan
Deirdre Ahern, Sustainability Reporting: the New Directive and Its Impact on SMEs, The Prism of Sustainability: Multidisciplinary profiles; law, economics and ethics, University of Macerata, 30-31 March, 2023, Professor Alessio Bartolacelli
Deirdre Ahern, Corporate Sustainability Due Diligence: A Proposal in Flux, Annual Company Law and Corporate Governance Conference, Trier, 9-10 March 2023, 2023
Deirdre Ahern, Eoin O'Dell, Elspeth Payne, Frances Haugen The Facebook Whistleblower, 21 March 2022, In:Frances Haugen The Facebook Whistleblower, 2022, Trinity Long Room Hub
Deirdre Ahern, Upending Corporate Purpose in the EU: Board Responsibility for Sustainability and Human Rights across Global Supply Chains, New Capitalism? A Transatlantic Perspective, Harvard Law School, 3-5 October, 2022, Harvard & Complutense Law Schools
Deirdre Ahern, Sustainability as Socially Responsible Business Practice: The Role of Company Law and Corporate Governance, ERA Annual Confernce on European Company Law and Corporate Governance 2022, Trier, 2022
Deirdre Ahern, Groups of Companies in EU Company Laws: An Irish Perspective, SYMPOSIUM for the presentation of the book "Company Laws of the European Union" edited by Andrea Vicari and Alexander Schall (Beck, 2020), University of Milan, 29 April , 2022, Professor Andrea Vicari and Professor Alexander Schall
Deirdre Ahern, "The Board and Sustainability Performance: The Changing Face of Directors' Duties in the EU: Is there an Expectations Gap?" , Corporate Sustainability - Supporting Green Policy in Corporate Strategy , The Radisson Blu Hotel, Dublin, 20 October , 2022, Public Affairs Ireland
Deirdre Ahern, Enforcement and Liability Mechanisms for Environmental and Human Rights' Duties and Options for Member States , Sustainability in Corporate Law, Leuphana University, Germany, 18 November, 2022, Professors Alexander Schall and Axel Halfmeier
Ahern, Deirdre, Closing Keynote: The Impact of Blockchain and DLT Technologies on Company Law, International Congress on Digitalization and DLT in Company Law, University of Zaragoza, Spain, 29-30 October 2021, 2021, Faculty of Law, University of Zaragoza
Deirdre Ahern, Regulatory Lag, Regulatory Friction and Regulatory Transition as FinTech Disenablers: The Regulatory Sandbox Phenomenon in Member States and the EU's Experimental Governance Dilemma , Law School Workshop, Trinity College Dublin, 24 March , 2021, School of Law
Deirdre Ahern, Corporate Governance Reconceived: The New Era of Stakeholder Capitalism, Corporate Governance Reconceived: The New Era of Stakeholder Capitalism, Centre for Commercial Law, Edinburgh University, 17 March , 2021, Centre for Commercial Law, Edinburgh University
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
Deirdre Ahern, Pandemic Has Opened a Vast Policy Vacuum, The Irish Times, 10 December, 2020, p12 - 12
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, (Panel Chair) Women in Leadership , Hearing Women's Voices: Irish Federation of University Women Annual Conference, Trinity College Dublin, 19 October 2019, 2019, Trinity Women Graduates / Irish Federation of University Women
Ahern. Deirdre and Jain, Tanusree, Using Mandatory Quotas to Address Gender Imbalances In The Boardroom: Some Evidence From East And West, Hearing Women's Voices: Irish Federation of University Women Annual Conference, Trinity College Dublin, 19 October 2019, 2019, Trinity Women Graduates / Irish Federation of University Women
Ahern, Deirdre, Regulatory Influences and Listed Companies Engagement with Diversity in their Annual Reports, Gender Diversity on Corporate Boards: Listed Companies' Self-Reporting on Diversity in their Annual Reports , The Long Room Hub, Trinity College Dublin, 2019
Ahern, Deirdre, Keynote: Sustainable Governance into the Future and the Impact of Artificial Intelligence, Annual Conference of the Chartered Governance Institute of the UK and Ireland, Dublin Castle, 16 May 2019, 2019, the Chartered Governance Institute of the UK and Ireland
Ahern, Deirdre, The Impact of Artificial Intelligence on the Governance of Companies, Corporate Law and Finance Summer School, Trinity College Dublin, 23 July 2019, 2019, European Law Students Association
Ahern, Deirdre, (Panellist) Culture, Diversity and Evidence from the Field, Culture, Diversity and the Way Forward for Corporate Governance in Ireland, Trinity College Dublin, 25 October 2018, 2018, Central Bank of Ireland & Trinity College Dublin
Deirdre, Equal in Name: The Limits of Law, Then and Now, Me Too, Then and Now, Trinity Long Room Hub, 7 March , 2018, Trinity Long Room Hub
Ahern, Deirdre, With Great Power Comes Great Responsibility: Can Existing Duties on Directors as Fiduciary Agents Suitably Moderate the Social Controversies Associated with Commercialisation of Synthetic Biology?, Regulating the Corporation and New Morally Significant Technologies, Newcastle University, 12 June 2018, 2018, Sarah Morley and David Lawrence
Ahern, Deirdre, An Examination of Shareholder Protection, Conflicts of Interests between Majorities and Minorities in Private Companies, Madrid, 15 June 2018, 2018, Close Corporations in Europe Working Group
Ahern, Deirdre, (Panel Chair) Mergers and Acquisition Regulation in the UK and Ireland, Oceans Apart: Corporate and Securities Regulation in Comparative Perspective, McCann FitzGerald, 12 April 2018, 2018, Trinity College Dublin / McCann FitzGerald
Deirdre Ahern, Conceptualising Overreach in the English Corporate Opportunities Doctrine, Travers Smith Lecture, Faculty of Law, University of Cambridge, 7 November , 2017, University of Cambridge
Ahern, Deirdre, Encouraging Socially Responsible Corporations: Will the Non-Financial Reporting Directive Help? , Corporate and Finance Law Summer School, National College of Ireland, 14 August 2017, 2017, European Law Students Association
Ahern, Deirdre, Realising the Leadership Potential of Women in Business: Are Quotas Really the Answer?, Graduate Women International Third Triennial, Cape Town Convention Centre, 24 August 2016, 2016
Nominee Directors, Section 172 of the Companies Act 2006 and Divided Loyalties: A Story of Legal Lag, Herbert Smith Freehills, 20 October , 2016, Herbert Smith Freehills
Deirdre Ahern, Mandating Sustainability Reporting: The Non-Financial Reporting Directive as a Regulatory Tool to Enhance Corporate Engagement with the EU Sustainability Agenda, Constructing Regulatory, Reporting and Accreditation Tools for Corporate Social Respnsibility, Trinity Long Room Hub, Trinity College Dublin, 17 September 2015, 2015
Ahern, Deirdre, Mandating Sustainability Reporting: The Non-Financial Reporting Directive as a Regulatory Tool to Enhance Corporate Engagement with the EU Sustainability Agenda, CSRxChange: Constructing Regulatory, Reporting and Accreditation Tools for Corporate Social Responsibility, The Long Room Hub, Trinity College Dublin, 17 October 2015, 2015
Ahern, Deirdre, CSRxChange: Constructing Regulatory, Reporting and Accreditation Tools for Corporate Social Responsibility, 17 October 2015, 2015, The Long Room Hub, Trinity College Dublin
Deirdre Ahern, Promoting Gender Diversity: Some Reflections on Listed Companies' Approach to Diversity in their Annual Reports, Women on Boards, Irish Women Lawyers' Association, Law Society Dublin, 10 December 2014, 2014
Ahern, Deirdre, Subordinating Directeorial Ambition: Social Cohesion and the Absolutist Approach to Corporate Opportunities , Law School Research Workshop, 13 November 2014, 2014
Deirdre Ahern, The Commercial Court, Review of The Commercial Court, by Stephen Dowling , The Irish Jurist, 51, 2014, p211-212
Ahern, Deirdre, Critical Reflections on the SUP Proposal: An Irish and Common Law World Perspctive, Close Corporations in Europe: Towards a Common Frame of Reference, University Rey Juan Carlos, Madrid, 20 November 2014, 2014, Professor Jorge Viera Gonzalez
Ahern, Deirdre, Promoting Gender Diversity: Some Reflections on Listed Companies' Approach to Diversity in their Annual Reports, Women on Boards, Law Society of Ireland, 10 December 2014, 2014, Irish Women Lawyers Association
Ahern, Deirdre, Internet Governance and Regulation, Law Society E-Commerce Diploma , Law Society of Ireland, 1 June 2014, 2014, Law Society of Ireland
Ahern, Deirdre, Codification of Directors' Duties: An Assessment of the New Statutory Framework, Duties of Directors and Secretaries under the Companies Bill, Farmleigh, Phoenix Park, Dublin, 13 October 2014, 2014
Ahern, Deirdre, (Panel Chair) Can Academics Make a Difference?, Irish Association of Law Teachers Annual Conference, Kilkenny, 7-9 November 2014, 2014, Irish Association of Law Teachers
Ahern, Deirdre, Reform of the Private Company - A Common Law World Perspective, Meeting of the Cross-Europe Working Group on Reform of the Private Company, University Rey Juan Carlos, Madrid, 8 November 2013, 2013, Professor Jorge Viera Gonzalez
Ahern, Deirdre and Clarke, Blanaid, Keynote address: Companies Reporting of Diversity: A Multi-Jurisdictional Study, 12th European Corporate Governance and Company Law Conference, Convention Centre, Dublin, 17 May 2013, 2013, European Commission / Department of Jobs, Enterprise & Innovation
Ahern, Deirdre and Clarke, Blanaid, Gender Diversity on Corporate Boards: Recent Research and Regulatory Initiatives, 6 November 2013, 2013, The Long Room Hub, Trinity College Dublin
Ahern, Deirdre, Codification of Company Law, Statute Law and Alternative Solutions, Codification, Restatement, Common Law, Houses of Parliament, Westminster, 14 November 2013, 2013
Ahern, Deirdre, Invited keynote: Tokenism or Real Engagement: Listed Companies' Self-Reporting on Diversity in their Annual Reports, Women on Boards, University College Cork, 21 June 2013, 2013, Professor Irene Lynch-Fannon
Ahern, Deirdre, Loyalty (Respondent), Loyalty, Trinity College Dublin, 11 November 2013, 2013, Private Law Discussion Group
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Current Developments in Corporate Governance Policy and Practice, 29 March 2012, 2012, Royal Irish Academy, Dublin
Ahern, Deirdre, Current Issues in Corporate Governance Policy, Current Developments in Corporate Governance and Policy and Practice, Royal Irish Academy, Dublin, 29 March 2012, 2012
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Corporate Compliance and Enforcemnt, 5 December 2012, 2012, Shelborne Hotel, Dublin
Ahern, Deirdre, Keynote address: The Impact of the Commercial Agents Directive, Key Issues in Business Law, University of Zaragoza, Spain, 19 April 2012, 2012
Ahern, Deirdre, (Panel Chair) New Directions in Corporate and Commercial Law, Legal Scholarship and Judicial Reasoning: A Mutual Interaction, Fitzpatrick Castle Hotel, Dublin, 16-18 November 2012, 2012
Ahern, Deirdre, The Corporate Objective, Review of The Corporate Objective, by Andrew Keay , International Company and Commercial Law Review, 23, (6), 2012, p221-222
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Transitioning to the New Form Private Company Limited by Shares: Structure and Governance under the Companies Bill, 21 July 2011, 2011, Dublin Castle
Ahern, Deirdre, Fundamental Principles of Irish Company Law, Fundamental Principles of Irish Company Law, University of Islas Balearas, Palma, Majorca, 11 April 2011, 2011, Faculty of Law, University of Islas Balearas
Ahern, Deirdre, "The Proposed European Private Company and the Market for Company Formation in the European Union", Inaugural lecture of the Centre for Financial Law, University Rey Juan Carlos, Madrid, 12 April 2011, 2011
Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Company Charges and Financial Assistance: The Significance of Planned Reforms in Law and Practice, 9 November 2011, 2011, Royal Irish Academy, Dublin
Ahern, Deirdre, Codifying Directors' Duties: Implications for Directors and Shareholders, Transitioning to the New Form Private Company Limited by Shares: Structure and Governance under the Companies Bill, Dublin Castle, 21 July 2011, 2011
Ahern, Deirdre, (Panel Chair) The Challenges of Contemporary Governance, Added Valu(s): The Role of Law in Contemporary Society, Irish Association of Law Teachers, Athlone, 18-20 November 2011, 2011
Ahern, Deirdre, Invited lecture: The Impact of the European Private Company (SPE) on National Company Law, The Impact of the European Private Company (SPE) on National Company Law, University of Zaragoza, Spain, 14 April 2011, 2011
Ahern, Deirdre, (Panel Chair) Research Metrics for Law, Thirty Years of Irish Scholarship: Lessons form the Past, Visions for the Future, Limerick, 27 November 2010, 2010, Irish Association of Law Teachers
Ahern, Deirdre, (Panel Chair) "Participation in and Provision of Home care; Advocacy and Service User Involvement", Becoming Visible: Older People as Active Participants in the Community and in Long-term Care Settings, Dublin Castle, 16-17 October 2010, 2010
Ahern, Deirdre, The Consumer Protection Act 2007: Implications for Legal Practice, 4 December 2007, 2007, Trinity College Dublin
Ahern, Deirdre, Practical Implications of the Consumer Protection Act 2007, The Consumer Protection Act 2007: Implications for Legal Practice, Trinity College Dublin, 4 December 2007, 2007
Ahern, Deirdre, Directors' Compliance Statements - An Update, Recent Developments in Regulation and Compliane, Trinity College Dublin, 6 May 2006, 2006
Deirdre Ahern and Ailbhe O'Neill, Recent Developments in Regulation and Compliance, 6 May 2006, 2006, Trinity College Dublin
Ahern, Beware the Irish Commercial Agent, New Law Journal, 56, 2006, p620 - 620
Ahern, Deirdre, "Legal Capacity and Vulnerable Adults" , Vulnerable Adults and the Law workshop , Ballymun Community Centre, 28 July 2005, 2005
Ahern, Deirdre, (Panellist) Elder Abuse, National Conference on Elder Abuse - Reach Out, Dublin, 25 November 2004, 2004
Research Expertise
Projects
- Title
- The Changing Face of Directors' Duties in the EU: Making Companies Responsible for Sustainability and Human Rights across Global Supply Chains
- Summary
- The project arises against the backdrop of increasing interest in making companies and/or their officers liable for environmental, social and governance matters, not only in relation to the company, but also in relation to its worldwide operations and supply chain. The project focuses on study of the European Commission's Proposal for an EU Directive on Corporate Sustainability Due Diligence published in April 2022 (European Commission, Proposal for a Directive on Corporate Sustainability Due Diligence SEC (2022) 95 final). Significantly this will considerably expand the reach of corporate responsibility and directors' duties and liabilities. This EU Directive presents solutions to issues touched upon in jurisdictional tug-of-war cases concerning the potential liability for parent companies for environmental and human rights abuses of their subsidiaries. Furthermore it demands that companies integrate climate and human rights concerns into their strategy, moving away from traditional focus on profit maximisation. The project is aimed at providing a cutting-edge early stage assessment of the proposed Directive's likely impact across the EU single market. Research Objectives The objective is to build an understanding of the likely impact of the ground-breaking Directive on: (1) the development of legal duties, liabilities, and theory applicable to directors in EU Member States; and (2) an understanding how it may impact differentially on companies depending on Member State choices in implementing the Directive based on Member State law on directors' duties and also the discretion provided by the Directive around enforcement and remedies.
- Funding Agency
- Trinity Research in Social Science (TRiSS)
- Date From
- 2022
- Title
- Determining The Future of Artificial Intelligence, Generative AI and Regulation: A Comparative Transnational Context
- Summary
- Artificial Intelligence is transforming our society. Important cutting-edge questions need to be probed about rights, safeguards and regulatory approaches and their impact on industry and citizens. This award will provide seed funding for a new research stream on regulatory issues on Artificial Intelligence and Generative AI that are beginning to be debated around the globe.
- Funding Agency
- Trinity College Dublin
- Date From
- 8 July 2024
- Date To
- 7 July 2025
- Title
- CSRxChange: Constructing Regulatory, Reporting and Accreditation Tools for Corpoate Social Responsibility
- Summary
- The Non-Financial Reporting Directive 2014/95/EU breaks new regulatory ground in requiring Member States to legislate by 6 December 2016 in relation to mandatory sustainability reporting for large companies using a 'comply or explain' model. Previously corporate social responsibility ("CSR") had been viewed as essentially voluntary by the EU for a long time and globally regulation has proved largely elusive. Nonetheless many companies have embraced CSR and have sought voluntary certification to show their engagement with sustainability. Transparent sustainability reporting provides material which enables stakeholders to engage with companies in relation to the adoption of socially responsible business practices in areas such as conditions of employment, environmental impact and human rights. Against this background, this project considers engagement with corporate social responsibility (CSR) in Ireland and reporting and regulatory challenges and pitfalls. Relevant themes to be explored will include sustainability and diversity as sound business practice, the role of voluntary accreditation schemes and appropriate sustainability reporting frameworks. The project will also focus on likely regulatory outcomes of implementation of the Directive in relation to corporate sustainability disclosures will also be examined from the perspectives of both regulator and affected companies.
- Funding Agency
- Irish Research Council
- Date From
- 2015
- Title
- Artificial Intelligence in the Era of the EU AI Act: A New Frontier
- Funding Agency
- School of Law, Trinity College Dublin
- Date From
- 2024
- Date To
- 2025
- Title
- An Examination of the Shareholders' Right Directive
- Summary
- This project involved examining the legal and practical implications for Ireland of implementing the Shareholders' Rights Directive including issues such as proxy voting and the right of shareholders to ask questions.
- Date From
- September 2009
- Date To
- February 2010
- Title
- The Legal Duties of Nominee Directors
- Summary
- This project focused on examining how the conflict of duties of nominee directors, based on the expectation that a nominee director would further their appointer's interests rather than those of the company, can be legally resolved.
- Date From
- October 2009
- Date To
- December 2009
Recognition
Representations
Member of Irelands' Artificial Intelligence Advisory Council
Devising and co-delivering Principles of Fiduciary Corporate Law course for the Duke-Geneva Transnational Law Institute
Co-editor of the Irish Business Law Review
Secretary of the Irish Association of Law Teachers
Director of the Irish Corporate Law Forum http://www.iclf.ie/
President of the Irish Association of Law Teachers
Member of the Steering Committee of the Trinity Consortium on Ageing
Member of the Quality Committeee, TCD
Member of the Law Society Business Law Committee
Member of the Law Reform Commission's Working Group on Vulnerable Adults and the Law
Member of the Research Ethics Committee of the Royal College of Physicians of Ireland's Faculty of Public Health Medicine
Awards and Honours
Award for Excellence in Supervision of Research Students
Directors' Duties: Law and Practice shortlisted for Kevin Boyle Prize for Outstanding Legal Scholarship
Fellow, Trinity College Dublin
Visiting Scholar, Duke University
Herbert Smith Visitng Fellow, Faculty of Law, Cambridge University
Highly Commended, Provost's Teaching Awards
Memberships
Appointed to Ireland's Company Law Review Group
Appointed member of the European Commission's Informal Company Law and Corporate Governance Expert Group
Member of the League of European Research Universities' Legal Team on Artificial Intelligence
Member of the Law Society of Ireland
Member of the Society of Legal Scholars
Member of the European Corporate Governance Institute
Member of the Steering Committee of the Daughters of Themis international network for women business scholars
Catherine Donnelly
Biography
Catherine Donnelly undertook her LL.B. in Trinity College Dublin and is a former scholar of the College. She then completed a B.C.L. in Oxford, at Magdalen College, followed by an LL.M. and Fellowship in Harvard. She practised as a litigation attorney at Davis Polk & Wardwell in New York from 1999-2001 and was admitted to both the New York State and Federal Bars (Eastern and Southern Districts). During this time, she also taught an asylum law workshop at Columbia Law School and worked on pro bono projects for the Yale Law Clinic and Human Rights Watch. From 2001-2004, she completed a D.Phil. in Oxford, again at Magdalen College, during part of which time she held a college lectureship shared between Corpus Christi College and St John's College, Oxford. The title of her doctoral thesis is 'Delegation of Governmental Power to Private Parties: A Comparative Perspective'. She was called to the Bar of England and Wales in 2003 (Gray's Inn) and from 2004-2005, she undertook pupillage at Blackstone Chambers, where she is currently a member. She was called to the Bar of Ireland in 2007. She joined the Law Faculty of the University of Oxford in 2005 as a University Lecturer and Fellow in Law at Wadham College, teaching Administrative, Constitutional and European Community Law. She joined the Law School in January 2007. She has published and presented conference papers in the areas of human rights law, European Union law, administrative law, election law, constitutional law, comparative law, procurement law and public-private partnerships. She was elected to Fellowship of the College in 2011.
Publications and Further Research Outputs
Peer-Reviewed Publications
Catherine Donnelly, Ivan Hare, Joanna Bell, De Smith's Judicial Review, 9th, Thomson Reuters, 2023, 1 - 900pp
Public Procurement in, editor(s)Chris McCrudden , The Law and Practice of the Ireland-Northern Ireland Protocol, Cambridge University Press, 2022, pp269 , [Chris McCrudden]
Preliminary Rulings and EU Legal Integration: Evolution and Continuity in, editor(s)Paul Craig and Grainne de Burca , Evolution of EU Law, Oxford, Oxford University Press, 2021, [Catherine Donnelly and Tom de la Mare]
Catherine Donnelly, Ivan Hare and Joanna Belle, De Smith's Judicial Review, 8th, London, Sweet and Maxwell, 2021, 1 - 1168pp
Catherine Donnelly and Ivan Hare, De Smith's Principles of Judicial Review, 2nd edn, London, Sweet and Maxwell, 2020, 1-1350pp
Lord Woolf, Jeffrey Jowell, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, 8th, London, Sweet and Maxwell, 2018, 1-1168pp
Participation and Expertise: Judicial Attitudes in Comparative Perspective in, editor(s)Susan Rose-Ackerman and Peter Lindseth , Comparative Administrative Law, Massachuetts, Edward Elgar Publishing, 2017, pp370 - 388, [Catherine Donnelly]
Catherine Donnelly, Participation and Expertise: Judicial Attitudes in Comparative Perspective, Comparative Public Law, Yale Law School, 29 April , 2016, Yale Law School
Lord Woolf, Jeffrey Jowell, Andrew Le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review 3rd Cumulative Supplement, 7th , London, Thomson, 2016, 1 - 235pp
Lord Woolf, Jeffrey Jowell, Andrew le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, Second Supplement to the Seventh Edition, 7th , London, Thomson Roundhall, 2015
Hilary Biehler and Catherine Donnelly, Proportionality in the Irish courts: the need for guidance, European Human Rights Law Review, 2014, (3), 2014, p272 - 283
Lord Woolf, Jeffrey Jowell, Andrew le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, First Supplement to the Seventh Edition, 7th , London, Thomson Roundhall, 2014
Transparency, Reasons and the Europeanisation of Public Law in, editor(s)K Bradley, N Travers, A Whelan , Of Courts and Constitutions, London, Hart Publishing, 2014, pp353 - 375, [Catherine Donnelly]
Lord Woolf, Jeffrey Jowell, Andrew Le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, 7th , London, Thomson, 2013, 1 - 1183pp
Catherine Donnelly, Are Preliminary Rulings Working?, Bar European Group, Lisbon, 6 May 2012, 2012
The Implementation of the Services Directive in Ireland in, editor(s)Michael Mirschberger , The Implementation of the Services Directive in EU Member States, Speyer, 2012, [Catherine Donnelly and John Biggins]
Catherine Donnelly, Privatization and Welfare: A Comparative Perspective, Law and Ethics of Human Rights, 5, (2), 2011
Catherine Donnelly and Ivan Hare, Judicial Review Remedies: Recent Developments and Some Predictions, Sweet and Maxwell Judicial Review Conference 2011, London, 25 November 2011, 2011
Catherine Donnelly, The 2010 Remedies Regulations: Automatic Suspension, Time Limits and Standing, A Review of Public Procurement in Ireland 2011, 2011
Catherine Donnelly and Hilary Delany, "The Irish Supreme Court Inches Towards Proportionality Review", Public Law, 2011, 2011, p9 - 19
Catherine Donnelly, Convergences and Divergences in Educating Transnational Lawyers?, American Bar Association: International Law Section, Dublin, 12 October 2011, American Bar Association, 2011
The New Remedial Landscape in Public Procurement in Ireland in, editor(s)D Fairgrieve and F Lichere , Public Procurement Law: Damages as an Effective Remedy, Oxford, Hart Publishing, 2011, pp113 - 145, [Catherine Donnelly]
Donnelly, Catherine, European Union Law Update - 2008, Irish Year Book of International Law, 2011
Preliminary Rulings and EU Legal Integration: Evolution and Stasis in, editor(s)P Craig and G de Burca (eds) , The Evolution of EU Law, Oxford, OUP, 2011, [Donnelly, Catherine and Tom de la Mare]
Catherine Donnelly, Positive Obligations and Privatization, Northern Ireland Legal Quarterly, 61, (3), 2010, p209 - 223
Catherine Donnelly, "Automatic Suspension, Time Limits and Standing", The New Public Procurement Remedies Regulations, Dublin, 29 June 2010, 2010
A Public Law Analysis of International Investment Law in, editor(s)Walde, T , International Investment Law and Comparative Public Law, Oxford, OUP, 2010, [Donnelly, Catherine]
Problems of Legitimacy in Contracting Out and Privatization in, editor(s)M Ruffert , Legitimacy in Administrative Law: Reform and Reconstruction, British Institute of International and Comparative Law, 2010, [Donnelly, Catherine]
Participation and Expertise: Judicial Attitudes in Comparative Perspective in, editor(s)S Rose-Ackerman and P Lindseth , Comparative Administrative Law, Edward Elgar, 2010, [Donnelly, Catherine]
Public-Private Partnerships: Award, Performance and Remedies in, editor(s)Stefan Schill , International Investment Law and Comparative Public Law, Oxford, Oxford University Press, 2010, pp475 - 501, [Catherine Donnelly]
Catherine Donnelly, Ineffectiveness, Relationships and Costs, Dublin, 24 June 2010, 2010
Article 8 in, editor(s)Lord Lester of Herne Hill QC, Lord Pannick QC, Javan Herberg , Human Rights Law and Practice, London, LexisNexis, 2009, pp359-452 , [Donnelly, Catherine]
Le Sueur, Andrew, Donnelly, Catherine, Hare, Ivan, de Smith's Judicial Review, First Supplement to the Sixth Edition, 6th, London, Sweet and Maxwell, 2009, 268pp
Catherine Donnelly, Administrative Law and Multi-Level Administration: An EU and US Comparison, Cambridge Yearbook of European Legal Studies, 11, 2009, p211 - 246
Donnelly, Catherine, Remedies in Public Procurement Law in Ireland, Public Procurement Law Review, 1, 2009, p18 - 41
'The Response of English Public Law to Private Actors in Public Governance' in, editor(s)Ruffert Matthias , The Public/Private Divide: Potential for Transformation, London, British Institute of International and Comparative Law, 2009, ppvi - 349, [Catherine Donnelly]
Donnelly, Catherine, European Union Law Update - 2007, Irish Yearbook of International Law, 2, 2008, p133-
'el Reino Unido' in, editor(s)F Caamaño , Gobierno y las Relaciones con las Cortes , Madrid, Centro de Estudios Políticos y Constitucionales, 2007, [Catherine Donnelly]
'Les rapports entre droit administratif fédéral et droits administratifs des Etats aux Etats-Unis: comparaison avec l'Union Européenne' in, editor(s)J Dutheil de la Rochère and JB Auby , Droit Administratif Européen , Bruylant, 2007, [Catherine Donnelly]
Lord Woolf, Jeffrey Jowell, Andrew le Sueur, Catherine Donnelly, De Smith's Judicial Review, 6th edn, London, Sweet and Maxwell, 2007
Catherine Donnelly, Delegation of Governmental Power to Private Parties: A Comparative Perspective, Oxford, Oxford University Press, 2007
'Habeas Corpus' in, editor(s)B Lang , Administrative Court: Practice and Procedure , London, Sweet and Maxwell , 2006, [Catherine Donnelly]
'Elections' in, editor(s)B Lang , Administrative Court: Practice and Procedure , London, Sweet and Maxwell, 2006, [Catherine Donnelly]
Catherine Donnelly, 'Leonard Cheshire Again and Beyond: Private Contractors, Contract and Section 6(3)(b) of the Human Rights Act' , Public Law, [2005], 2005, p785 - 805
Non-Peer-Reviewed Publications
Catherine Donnelly, "Transparency in Procurement Litigation: Importance, Anomalies and Developments", Developments in Public Procurement Law, Dublin, 8 October 2020, 2020
Catherine Donnelly, SCCs and EU-UK Data Transfers Post Brexit, Cross-Border Data Transfers, European Circuit, 2020
Catherine Donnelly, Common Law and EU Law: A Transient Blip or Enduring Exchange, Society of Legal Scholars Annual Conference, Dublin, 7 September 2017, 2017
Catherine Donnelly, Transparency in Procurement: Where are the Limits?, Public Procurement Law Conference, 3 June , 2016, Irish Centre for European Law
Catherine Donnelly, The Reach of Public Procurement Law: Current Issues, 30 April, 2015, Irish Society for European Law
Catherine Donnelly, The Cross-Over between Procurement and Competition Law, Public Procurement Law Conference, 12 June , 2015
Catherine Donnelly, The New Procurement Directives and Procurement Litigation, 14 May, 2014, CMG Professional Training
Brian Kennelly and Catherine Donnelly, Interim Relief, Damages and Expert Evidence in Public Procurement, Blackstone Chambers Procurement Law Seminar, London, 3 July, 2013
Catherine Donnelly, The Unfulfilled Promise of Zambrano, Understanding EU Citizens' Rights, 24 October, 2013
Catherine Donnelly, Implementation of the ECHR in Ireland: Reviewing the 2003 Act, Fundamental Rights Protection in the European Union, 10 May, 2013, Irish Centre for European Law
Catherine Donnelly, Automatic Suspension and Interlocutory Relief, Public Procurement Litigation, Trinity College Dublin, 1 March 2012, 2012
Donnelly, Catherine, Postive Obligations and Privatization, Queen's University Law School Annual Workshop, Belfast, 24 March 2010, 2010, Queen's University
Fairgrieve D(ed.), Remedies in Public Procurement Law in Ireland, British Institute of International and Comparative Law, 2010
Donnelly, Catherine, The NIO Bill of Rights Consultation Paper: A Public Law Analysis, NICEM Annual Conference, Belfast, 12 February, 2010, NICEM
Donnelly, Catherine, Reasons in Administrative Law, Presentation to the Upper Tribunal of Administrative Judges, London, 3 March, 2010, Upper Tribunal of Administrative Judges
Donnelly, Catherine, Pursuing Secondary Policies in EC Public Procurement Law, School of Law, Trinity College Dublin, 16 February 2009, 2009, School of Law, TCD
Donnelly, Catherine, Grounds for Judicial Review: New Developments, Judicial Review; Recent Developments, Trinity College Dublin, 27 June 2009, 2009, School of Law, TCD
Donnelly, Catherine, Problems of Legitimacy in Contracting Out and Privatization, Sorbonne, Paris, 24 October 2009, 2009
Donnelly, Catherine, Damages Remedies in Public Procurement Law, British Institute of International and Comparative Law, 13 March 2009, 2009, British Institute of International and Comparative Law
Donnelly, Catherine, The Federalising Effect of Administrative Law in the EU and US, CEntre for European Legal Studies, University of Cambridge, 21 January 2009, 2009, University of Cambridge
Donnelly, Catherine, An Update on Judicial Review in the United Kingdom in 2008, Northern Ireland Centre for Ethnic Minorities Annual Conference, Belfast, 27 February 2009, 2009, Northern Ireland Centre for Ethnic Minorities
Donnelly, Catherine and Tom de la Mare, Article 234 in Social and Political Context, European University Institute, Florence, 19 April 2009, 2009, EUI, Florence
Donnelly, Catherine, Institutional Reform: With and Without Lisbon, Irish Centre for European Law (ICEL) Conference, Dublin, 23 October 2008, 2008, ICEL
Catherine Donnelly, 'Preamble, Enforcement and Implementation', Getting the Bill Right - An Update, Belfast, 2-3 July 2008, , 2008
The Privatisation of Governmental Functions in, editor(s)O Doyle and E Carolan , Irish Constitution: Governance and Values, Dublin, Thomson/Roundhall, 2008, [Catherine Donnelly]
Catherine Donnelly, 'A British Bill of Rights and Devolution in Northern Ireland', 'A British Bill of Rights and Devolution', London, 11 July , 2008, JUSTICE
Catherine Donnelly and Aideen Gilmore, Final Report of the Preamble, Enforcement and Implementation Working Group, Northern Ireland Bill of Rights Forum, Belfast, March, 2008
Donnelly, Catherine, Enforcing a Bill of Rights for Northern Ireland, Committee for the Administration of Justice Seminar, 30 September 2008, 2008
Catherine Donnelly, 'Remedies in Public Procurement', State Aid and Public Procurement Update, Dublin, 29 May 2008, 2008
Foreword in, editor(s)P Downes , Not One Victim More - Human Trafficking in the Baltic States, Estonia, 2008, [Catherine Donnelly]
Catherine Donnelly, Chapters 3 and 6, and Appendix 2, Northern Ireland Bill of Rights Forum Report, Belfast, March , 2008,
Catherine Donnelly, 'The Response of English Public Law to Private Actors in Public Governance', Public/Private Divide: Potential for Transformation, London, 4-5 May 2007, 2007
Catherine Donnelly, 'The Human Rights Council', Annual Department of Foreign Affairs NGO Human Rights Forum, Dublin, 19 June , 2007, Department of Foreign Affairs
Catherine Donnelly, 'The Constitution at 70 and Privatisation of Governmental Functions' The Constitution at 70, Dublin, 8-9 June 2007, 2007
Catherine Donnelly, 'Secondary Policies and Public Procurement', Secondary Policies and Public Procurement, Dublin, 29 October , 2007, Irish Society for European Law
Jeffrey Jowell and Catherine Donnelly, A Year in the Life of Judicial Review: Key Cases of 2007, Judicial Review Update, London, 30 November 2007, 2007
Catherine Donnelly, 'Governance in the Changing Ireland and the Law's Response' Irish Association of Law Teachers Annual Conference, Cork, 8-9 April 2006, 2006
Catherine Donnelly, 'Administrative Law and Multi-Level Governance: An EU-US Comparison', Oxford University Public Law Discussion Group, Oxford, 30 November 2006, 2006
Catherine Donnelly, Europe's Area of Freedom, Security and Justice, Review of Europe's Area of Freedom, Security and Justice, by Neil Walker , Public Law, [2005], 2005, p889-892
Catherine Donnelly, 'Leonard Cheshire and Beyond: Is Contract Really a Substitute for the Human Rights Act? Does it Matter?' Society of Legal Scholars Annual Conference, Society of Legal Scholars Annual Conference, Sheffield, 14 September 2004, 2004
Catherine Donnelly, 'Human Rights Controls on Delegates of Governmental Power', Oxford University Public Law Discussion Group, Oxford, 10 June , 2004, Oxford Public Law Discussion Group
Catherine Donnelly, 'The Thirteenth Amendment of the US Constitution and Diplomatic Immunity', Recent Constitutional Law Cases, New York, 12 June, 2000, Davis Polk & Wardwell
Catherine Donnelly, 'The Importance of Functionalism in Procedural Due Process: A Comparative Perspective', 1999, -
Research Expertise
Description
European Union Law; Administrative Law; Constitutional Law; Comparative Law; Human Rights; Governance; Public Procurement LawRecognition
Representations
Member, Blackstone Chambers
Member, Incorporated Council of Law Reporting for Ireland
National Expert, The development of pan-European general principles of good administration, Project conducted by Deutsche Universität für Verwaltungswissenschaften Speyer, funded by Deutsche Forschungsgemeinschaft
Lecturer, Public Procurement Regulation in the EU and in its Global Context, MA and Post-Graduate Diploma, King's College, London
Chair, Committee of the Irish Society for European Law
Member, Editorial Board of the Irish Journal for European Law
Committee Member, Oxford Amnesty Lectures
Legal Advisor, Northern Ireland Bill of Rights Forum
Member, Dornburg Study Group
Awards and Honours
Fellow, Trinity College Dublin
Arts and Humanities Research Council Award
Harvard Law School Fellowship
Magdalen College Award for Excellent Performance in B.C.L. Examinations
Arts and Humanities Research Council Award
Scholar of Trinity College
External Examiner, University of Oxford, University College Dublin
Memberships
Irish Society for European Law
Society of Legal Scholars
Irish Association of Law Teachers
Irish Centre for European Law
David Fennelly
Biography
I am a legal scholar and practitioner with an interest in the law in its European and international context and in the interaction between the study of law and legal practice.
In the Law School, I currently teach Public International Law and Foundations of Law II (focused on international and EU law) on the LLB programme. I also co-teach an LLM course on Data Protection: Law, Policy and Practice and an LLM course on Human Rights Law. Previously, I was responsible for the Clinical Legal Education programme which works in partnership with a wide range of leading legal practice settings across the public, private and not-for-profit sectors.
My research interests are primarily in the field of public law in its European and international dimensions, with particular interest in human rights, equality, data protection and foreign affairs. I am also interested in more general issues relating to the legal system (particularly access to justice), the legal profession and legal education.
In addition to my academic work, I am a practising barrister in the Law Library, Dublin. Drawing on my academic expertise, I have a special interest in EU and international law, particularly in the fields of human rights, equality and data protection, and regularly appear in proceedings before the Irish superior courts and the Court of Justice of the European Union. I am also a member of the Council of the Free Legal Advice Centres, a human rights NGO which promotes access to justice for all.
Earlier in my career, I worked as a law clerk to members of the International Court of Justice in The Hague and as a judicial fellow in the High Court in Dublin. I also worked at the International Law Commission, the European Commission Legal Service and the Permanent Mission of Ireland to the United Nations, New York.
Publications and Further Research Outputs
Peer-Reviewed Publications
The Impact of Article 47 in the Irish Legal System in, editor(s)Bonelli, M., Eliantonio, M and Gentile G , Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 - the National Courts' Perspective, 2023, Bloomsbury Professional , 2023, [Fennelly, D., Gilmore G. and Murphy C.]
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.]
Fennelly, D (with Barry E, Lord, S. and Byrne A.), The Public Sector Duty in the Irish Justice System , Dublin, 2021
Fennelly, D. and Murphy, C., Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality Directive , Netherlands Quarterly of Human Rights, 39, (4), 2021, p308 - 328
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
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
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.]
Fennelly D, Equality Litigation and its Challenges: the Case of Ireland, Equality Law in Europe: A New Generation Conference, European University Institute, Florence, 11 October 2019, 2019
Fennelly, D., The Public Sector Duty: the Irish Context and Potential Implications, Conference on the legal implications of the public sector duty in Irish law, Dublin, 19 October 2018, edited by FLAC , 2018
Fennelly, D., Data Retention: the Life, Death and Afterlife of a Directive , ERA Forum, 2018, p1 - 20
Articles 1, 2 and 5, CEDR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
Articles 1-4, 11, CEDAW in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
Articles 2 and 7, ICESCR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
Article 26, ICCPR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary, Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
RELUCTANT REFORMERS? FORMALISING JUDICIAL REGULATION IN IRELAND in, editor(s)Richard Devlin and Adam Dodek , REGULATING JUDGES: BEYOND INDEPENDENCE AND ACCOUNTABILITY, Edward Elgar, 2016, [Fennelly, D.]
David Fennelly, Cape Town Convention and international sanctions: the case of European Union sanctions against Russia, Cape Town Convention Journal, 2015, p1 - 20
David Fennelly, Cape Town Convention and International Sanctions, Cape Town Convention Academic Project, Oxford, 8/9 September 2015, 2015, University of Oxford - University of Washington -
Fennelly, Penser par cas: A Common Law Perspective, Revue interdisciplinaire d'études juridiques, 73, 2014, p155 - 172
David Fennelly, International Law in the Irish Legal System, Dublin, Thomson Reuters Round Hall, 2014
David Fennelly, Selected Issues in Irish Equality Case Law 2008-2011, Dublin, Equality Authority, January, 2013, p1 - 110
Non-Peer-Reviewed Publications
Fennelly D., Data Protection before the CJEU in 2022, Review of the CJEU in 2022, Irish Centre for European Law, 10 February 2023, 2023
Data Protection in the Field of Criminal Justice in, editor(s)Heffernan, L. , Criminal Law and Justice in the European Union, Dublin, Clarus Press, 2022, [Fennelly, D.]
Fennelly, D., Courage of its Convictions? Mutual Trust in the Area of Criminal Justice in an Era of Rule of Law Backsliding, What role for EU rights in the global legal order? CMLR on Tour, Dublin, 11 November 2022, 2022
Fennelly D, Mutual Trust in the Area of Criminal Justice, Seminar on EU Criminal Law: Cooperation and Mutual Trust Post-Brexit, TCD, 9 December 2022, 2022
Fennelly, D., The Evolution of EU Criminal Law post-Brexit: Implications for Ireland, Director of Public Prosecutions - Annual Prosecutors' Conference, Convention Centre Dublin, 16 October 2021, 2021
Fennelly, The Status of the Brexit Agreements in Irish Law, Irish Centre for European Law / Queen's University Belfast Seminar Series on the Brexit Withdrawal Agreement and EU-UK Trade and Cooperation Agreement, 23 March 2021, 2021
Fennelly, D., Protecting Personal Data in the Field of Criminal Justice: Recent Developments, Academy of European Law Annual Conference on Criminal Justice, Dublin Castle, 11 November 2021, 2021
Fennelly, D. , Contact Tracing Applications: the Irish Experience, Data Protection and COVID-19 Pandemic, Dublin, 2021, p39 - 58
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
Fennelly, D., Transnational Climate Change Litigation, PILNet Global Forum 2020, Panel on Climate Change, Human Rights, and Public Interest Law, 20 October 2020, 2020
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., Dublin at the Data Protection Frontier, TCD Law School Law and Contemporary Challenges - Wednesday Mini-Lecture Series, Dublin, 3 April 2019, 2019
Fennelly D, Judicial Independence: Challenge and Change, University of Genoa, 2 October 2019 , 2019
Fennelly, D., Access to Justice: the European Dimension, FLAC@50 Access to Justice Conference, Trinity College Dublin, 17 May 2019 , 2019
Fennelly D, Data Protection Litigation: An update , InfoLaw Conference 2019, Dublin, 22 March 2019, 2019
Fennelly, D., The Irish Legal System and Irish Legal Profession, Boston College, Dublin, Dublin, 15 January 2019, 2019, Boston College
Fennelly D, Report on National employment services: National Report - Ireland, FRESSCO ANNUAL COMPARATIVE REPORT, Ghent, FRESSCO, JULY 2017, 2017, p1 - 10
Fennelly D, The CJEU and the Political Organs in Data Protection Governance - Striking the Right Balance?, ICON-S Annual Conference , Copenhagen, 7 July 2017, 2017
David Fennelly, Data Retention - national and international perspectives, Academy of European Law - Annual Conference on Criminal Justice, Trier, Germany, 24/25 October 2017, 2017
Fennelly D, Practitioners and Professors: the Irish Experience, IJCLE - ENCLE - CLEO Annual Conference, Northumbria - Newcastle UK, 3-5 July 2015, 2017
FENNELLY, D., "Ever the Adversary?: the Legal Services Regulation Act 2015 and the Irish Legal Profession", International Legal Ethics Conference VII, , Fordham Law School, , 15-17 July 2016, 2016
Fennelly, D., "Managing Data's Borders: Towards a Global Framework for Data Protection?",, International Society of Public Law (ICON-S) Conference, , Humboldt University Berlin, 18 June 2016, 2016
Fennelly, D., "Protecting Fundamental Rights in the Fight Against Cybercrime", , Academy of European Law/Irish Centre for European Law/Law Society of Ireland Conference,, Dublin Castle, 11 May 2016, 2016
Fennelly, D., Protection from victimisation in the context of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers: Report for Ireland, FresSco, 2016, 1-11
Fennelly, D., National report for Ireland on the application of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers, FreSsco, 2016, 1-16
David Fennelly, Going against the (Transatlantic) Flow? The Search for an Effective Framework for International Data Transfers, LSE IT/Media Group - Specialist Seminar, Department of Law, London School of Economics, 18 November 2015, 2015, Dr. Orla Lynskey
David Fennelly, National Report on Free Movement of Persons, Co, July, 2015, p1 - 17
David Fennelly, Reconciling Regulation and Independence: the Irish Experience, International Legal Ethics Conference IV, City University London, 12/07/2014, 2014
David Fennelly, Review of Employment Equality Law , by Bolger, Bruton and Kimber , Dublin University Law Journal, 35, 2013
David Fennelly, Learning How to Learn from Experience: Exploring the Educational Added Value of Clinical Legal Education, Developing Clinical Legal Education in Ireland Conference, NUI Galway, 26 April 2013, 2013
Crotty's Long Shadow: the European Union, the United Nations and the Changing Framework of Ireland's International Relations in, editor(s)Eoin Carolan , The Irish Constitution: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, [David Fennelly]
Research Expertise
Description
International Law; European Union Law; Constitutional Law Clinical Legal Education; Legal Profession; Law ReformRecognition
Representations
Member, Government Data Forum
National Expert - Free Movement, FreSsco (European Commission Network of Experts on Free Movement and Social Security Coordination)
Editorial Board, Irish Journal of European Law
Co-Editor, Dublin University Law Journal
Awards and Honours
Visiting Scholar, Trinity Trust Travel Grantee, Lauterpacht Research Centre for International Law, University of Cambridge, 2008
TCD Broad Curriculum Studentship
NYU Global Public Interest Fellowship
NYU International Law and Human Rights Fellow
NYU Merit Scholar
Fulbright Scholar
Non-Foundation Scholar
Government of Ireland Easter Week Commemoration Patrick Pearse Scholar
Law Research Fund Grant
European Network of Clinical Legal Education/Open Society Initiative Grant
National Institute for Teaching Ethics & Professionalism Fellowship
Memberships
Member, Irish Centre for European Law
Member and former Secretary, Irish Fulbright Alumni Association
Member, European Network for Clinical Legal Education
Maria Gracia Porcedda
Biography
Dr Maria Grazia Porcedda is Assistant Professor of IT Law. Her research addresses the relationship between law and technology and in particular matters of privacy, data protection, cyber security and cybercrime. Maria Grazia regularly presents her work at international academic and multi-stakeholder conferences and has published contributions in leading European law and technology venues. Her monograph, 'Cybersecurity, Privacy and Data Protection in EU Law' is due to appear with Hart Publishing in 2022.
Maria Grazia's scholarship is policy-oriented, collaborative and interdisciplinary. She is the PI in the project 'Appraising the prevention and deterrence of cybercrime in Ireland through the law' (Provost PhD Projects Award) and of a number of other awards (TRISS Research Fellowship and AHSS Beneficiary Fund). She is also member of the PROTECT ITN Marie Skłodowska-Curie ITN network and an academic collaborator of ADAPT.
In 2018 Maria Grazia advised the EU Directorate General for Development and Cooperation as a Member of the Task Force on Cyber Capacity Building, coordinated by the European Union Institute for Security Studies, with which she has cooperated on matters of cyber security. She is an external member of Ethical Advisory Boards, including to the School of Linguistics, Speech and Communication Sciences and the H2020 TRESSPASS project.
Before joining the School of Law at Trinity College Dublin, Maria Grazia was a Research Fellow in the Centre for Criminal Justice Studies at the University of Leeds. Previously Maria Grazia was a Research Associate within the Robert Schuman Centre for Advanced Studies and the Department of Law at the European University Institute in Florence, as well as the Centre de Recherche Information, Droit et Société of the University of Namur. She trained on privacy and security matters at the Organization for Economic Cooperation and Development (OECD, Paris) and the European Data Protection Supervisor (EDPS, Brussels).
Maria Grazia holds a PhD in Law from the European University Institute with a thesis titled "Cybersecurity and Privacy Rights in EU Law. Moving beyond the Trade-off Model to Appraise the Role of Technology". She holds an LL.M. in Comparative, European and International Laws (European University Institute), an M.A. in International Relations (University of Bologna with honours from Collegio Superiore), and a B.A. in Political Science (University of Cagliari). Her early work was awarded prizes by the Lyncean Academy (Accademia Nazionale dei Lincei, Premio Ruffini) and the Italian Information Security Association (CLUSIT). During her studies she also earned grants to visit at various institutions, including Johns Hopkins SAIS, École Normale Supérieure de Lyon and University of California at Berkeley.
Publications and Further Research Outputs
Peer-Reviewed Publications
Maria Grazia Porcedda, Maria Grazia Porcedda, The GDPR as a cyber risk management system: the ECJ cautiously tackles data breaches in the NAP case, 2024, - https://europeanlawblog.eu/202
Lina Jasmontaite-Zaniewicz, Data breach notification duties: Enhancing the protection of personal data under the General Data Protection Regulation, Vrije Universiteit Brussel, 2023
Maria Grazia Porcedda, New Parliaments and Technology: can the EU lead the way, 105th Society of Legal Scholars conference, University of Oxford Brookes, 28 June 2023, 2023
Maria Grazia Porcedda, Cybersecurity, Privacy and Data Protection in EU Law, Hart Publishing, 2023, i - 344pp
Maria Grazia Porcedda, The Ransomware Attack Against the Irish Health Service Executive: What Role for the Law in the Face of Growing Cyber Insecurity?, Irish Jurist, 70, 2023, p322 - 344
Maria Grazia Porcedda, Sentencing data-driven cybercrime. How data crime with cascading effects is tackled by UK courts, Computer Law & Security Review, 48, 2023
Maria Grazia Porcedda, Theoretical and operational approaches to the essence within the EU regulatory architecture, European Data Protection Supervisor The essence of the fundamental rights to privacy and data protection, European Parliament, 8 November 2023, 2023, European Data Protection Supervisor
Maria Grazia Porcedda, The Ransomware Attack Against the Irish Health Service Executive: What Role For the Law in The Face Of Growing Cyber Insecurity?, IALT Annual Conference, Dublin City University, 18 November 2023, 2023
Maria Grazia Porcedda, The effacement of information technology from EU law: the need for collaborative approaches to redesign the EU"s regulatory architecture, 18th IFIP doctoral summer School, University of Oslo, 10 August 2023, 2023, University of Oslo
Maria Grazia Porcedda, Cybersecurity, privacy and data protection in EU law. A law, policy and technology analysis, 105th Society of Legal Scholars conference, University of Oxford Brookes, 2023
Deirde Ahern, Victor Rodríguez Doncel, Dave Lewis, Harshvardhan J. Pandit, Andrés Chomczyk Penedo, Maria Grazia Porcedda, Governing Artificial Intelligence: Designing Legal and Regulatory Responses. International Symposium, 23 May 2023, In:Book presentation, 2023, Brussels
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
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
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
Maria Grazia Porcedda, Data Protection Implications of Data Driven Measures Adopted in Ireland at the Outset of the Covid-19 Pandemic, European Data Protection Law , (2/2021), 2021, p260 - 269
Maria Grazia Porcedda, David S. Wall, Modelling the cybercrime cascade effect of data crime, 2021 IEEE European Symposium on Security and Privacy Workshops (EuroS&PW), 3rd Workshop on Attackers and Cyber-Crime Operations , Vienna, Virtual Conference, September 7, 2021, IEEE, 2021, pp1 - 17
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
Porcedda, Maria Grazia and David S. Wall, Cascade and Chain Effects in Big Data Cybercrime: Lessons from the TalkTalk hack, 2019 IEEE European Symposium on Security and Privacy Workshops (EuroS&PW), IEEE European Symposium on Security & Privacy (S&PW), First Workshop on Attackers and Cyber-Crime Operations , Stockholm, 20 June 2019, IEEE, 2019, pp10.1109/EuroSPW.2019.00056
Maria Grazia Porcedda, `Privacy by Design' in EU Law. Matching Privacy Protection Goals with the Essence of the Rights to Private Life and Data Protection, Lecture Notes in Computer Science, 6th Annual Privacy Forum (APF 2018), Barcelona, 13-14 June 2018, Manel Medina, Andreas Mitrakas, Prof. Dr. Kai Rannenberg, Erich Schweighofer and Nikolaos Tsouroulas , 11079, Springer, 2018, pp183 - 204
Maria Grazia Porcedda, Patching the patchwork: appraising the EU regulatory framework on cyber security breaches, Computer Law & Security Review, 34, (5), 2018, p1077--1098
Data science, data crime and the law in, editor(s)Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee , Research Handbook in Data Science and Law, Edward Elgar, 2018, pp214 - 244, [Maria Grazia Porcedda and David S. Wall]
Patryk Pawlak, Dr. Andrea Calderaro, Alejandro Pinto, Maria Grazia Porcedda, Cristina Schulman, Thorsten Wetzling, International Cooperation and Development Operational Guidance for the EU's international cooperation on cyber capacity building, Luxembourg, 2018
On Boundaries - Finding the Essence of the Right to the Protection of Personal Data in, editor(s)Ronald Leenes, Rosamunde van Brakel, Serge Gutwirth, Paul De Hert , Data Protection and Privacy. The Internet of Bodies, Hart Publishing, 2018, pp277 - 312, [Maria Grazia Porcedda]
Regulation of data breaches in the European Union: Private companies in the driver's seat of cybersecurity? in, editor(s)Oldrich Bures and Helena Carrapico , Security Privatization: How Non-Security-Related Private Businesses Shape Security Governance, 2017, pp275 - 299, [Maria Grazia Porcedda]
Elisa Orrù Maria Grazia Porcedda Sebastian Weydner-Volkmann, Rethinking Surveillance and Control. Beyond the 'Security vs. Privacy' Debate, Nomos Verlag, 2017, 1 - 240pp
The Recrudescence of `Security v. Privacy' after the 2015 Terrorist Attacks, and the Value of `Privacy Rights' in the European Union in, editor(s)Elisa Orrù, Maria Grazia Porcedda and Sebastian Weydner-Volkmann , Rethinking Surveillance and Control. Beyond the 'Security vs. Privacy' Debate, Nomos Verlagsgesellschaft mbH & Co. KG, 2017, pp137-180 , [Maria Grazia Porcedda]
The manifold significance of citizens' legal recommendations on privacy, security and surveillance in, editor(s)Michael Friedewald, J. Peter Burgess, Johann Čas, Rocco Bellanova, Walter Peissl , Surveillance, Privacy and Security Citizens' Perspectives, Routledge, 2017, pp191 - 211, [Maria Grazia Porcedda]
Maria Grazia Porcedda, Cybersecurity and privacy rights in EU law. Moving beyond the trade-off model to appraise the role of technology, European University Institute, 2017
Maria Grazia Porcedda, Rule of Law and Human Rights in Cyberspace, in P. Pawlak (ed), Riding the Digital Wave, Issue, Issue, 21, Paris, European Union Institute for Security Studies, December, 2014
Maria Grazia Porcedda, Lessons from PRISM and Tempora: the self-contradictory nature of the fight against cyberspace crimes. Deep packet inspection as a case study, Neue Kriminalpolitik, 25, (4), 2013, p305-409
Law enforcement in the clouds: Is the EU data protection legal framework up to the task? in, editor(s)Serge Gutwirth, Ronald Leenes, Paul de Hert, Yves Poullet , European Data Protection: In Good Health?, 2012, pp203 - 232, [Maria Grazia Porcedda]
Maria Grazia Porcedda, Data Protection and the Prevention of Cybercrime: a Dual Role for Security Policy in the EU, European University Institute, 2012
Maria Grazia Porcedda, Transatlantic Approaches to Cybersecurity and Cybercrime, in P. Pawlak (ed), The EU-US Security and Justice Agenda in Action, Chaillot Papers, Paris, European Union Institute for Security Studies, 2011
Maria Grazia Porcedda, Data Protection and the Prevention of Cybercrime. The EU as an Area of Security?, 2011
Non-Peer-Reviewed Publications
Maria Grazia Porcedda, Cybersecurity e Policy, Cybersecurity e realizzazione del mercato unico digitale, University of Bergamo, Italy, 23 February 2024, 2024, Prof. Peraro
Maria Grazia Porcedda, From Research Assistant to Assistant Professor, Visuaal Career Day, TCD Business School, Tangent, 16 February 2024, 2024, Dr John Dinsmore
Maria Grazia Porcedda, Invited discussant, Executive Masters in Cybersecurity, University of Maastricht, Brussels Campus, 25 May 2023, 2023
Maria Grazia Porcedda, New Parliaments and Technology: can the EU lead the way, TRISS Bitesize Talk, Dublin, TRISS, 2023
Maria Grazia Porcedda, Book launch: Cybersecurity, Privacy and Data Protection in EU Law. A Law, Policy and Technology Analysis by Dr. Maria Grazia Porcedda (TCD), 2023, -
Maria Grazia Porcedda, European Parliaments, data protection and technology, DPSN International Data Protection Day Event 2023, online, 27 January 2023, 2023
Maria Grazia Porcedda, The bad, the ugly and the accidental data breaches: (how) can we prevent them?, Hackathon 'How to prevent government data breaches and cyber-attacks from a cybersecurity and digital policing perspective?", University of Huddersfield, 13-14 February 2023, 2023, Dr Ashley Cartwright | Dr Andrea Varsori | Lindsey Brooks Dr Camilo Tamayo Gomez
Maria Grazia Porcedda, Cybersecurity, Privay and Data Protection in EU Law Book Launch, 19 April 2023, In:Book presentation, 2023, Trinity College Dublin, Senior Common Room
Maria Grazia Porcedda, Cybersecurity, Privacy and Data Protection in EU Law, TILT research meeting, Tilburg, 10 may 2023, 2023
Maria Grazia Porcedda, Reconciling Cybercrime Responses with Privacy and Data Protection in the EU Area of Freedom, Security and Justice, Faculty of Law Legal Worskshops, University of Valéncia, 31 March 2023, 2023, Prof Eliseu Frigols I Brines, Prof. Carmen Azcárraga Monzonís, Prof. Paula del Val Talens, Prof. Carlos Pedrosa López, Prof. Karla Zambrano González
Maria Grazia Porcedda, Cybersecurity, Privacy and Data Protection in EU Law, Book presentation, The Hague, University of Leiden, 16 May 2023, 2023
Maria Grazia Porcedda, Chair of panel 2, Irish Centre for European Law's Privacy and Data Protection Law 2023 conference, Dublin, 15 June 2023, 2023
Maria Grazia Porcedda, Between the Lines: Maria Grazia Porcedda, 2023, - https://www.tcd.ie/research/re
Maria Grazia Porcedda, The fight against cybercrime in Ireland State of the art, Western Australia State Government DGov Cyber Series,, online, 7 September 2022, 2022, WA State Government
Maria Gazia Porcedda, with Artur Pericles Lima Monteiro and Liza Zivkovic, chaired by Thomas Norton, Data privacy and the pandemic, Fordham International Law Journal Symposium, New York, online, 18 February 2022, 2022, Elyssa Diamond, Fordham International Law Journal Symposium, 'Defining the New Normal'
Maria Grazia porcedda, Cybercrime Frenzy: Cloudy Data and the cascade Effect , Cybercrimeology podcast, https://www.cybercrimeology.com/episodes/cybercrime-frenzy-cloudy-data-and-the-cascade-effect, 2022, Michael Joyce
Maria Grazia Porcedda, Cascade and Chain Effects in Big Data Cybercrime: Lessons from the TalkTalk hack, Cybersecurity and Digital Policing Hackathon, University of Huddersfield, Online, 10 February 2022, 2022, Dr Camilo Tamayo-Gomez and Dr Andrea Vasori
Maria Grazia Porcedda, LIBE Committee mission to Dublin, European Parliament Representation in Dublin, 22 September 2022, 2022, European Parliament Representation in Dublin
Maria Grazia Porcedda, Data compromise: data breaches, data crime and the law, Lecture, University of Pisa, online, 13 May, 2021, MSc Organizational Sciences and Information Technology Law
Maria Grazia Porcedda, Best Practice in Data Protection in Research and Beyond, Data Protection Concerns in Cross Border Research and Practice, Online, 23 June 2021, 2021, Dublin City University
Maria Grazia Porcedda, Sentencing data-driven cybercrimes. An examination of English & Welsh sentencing remarks through the lenses of the cybercrime cascade effect, BILETA 2021, University of Newcastle, online, 14-16 April 2021, 2021
Maria Grazia Porcedda, Black Swans? Covid-19, Cybercrime and Large Scale Cyber-attacks in Ireland, Association for Criminal Justice Research and Development, 24th Annual Conference , Online, 8 October , 2021, Association for Criminal Justice Research and Development
Maria Grazia Porcedda, with David Fennelly and Róisín A Costello, Data Protection and the COVID-19 Pandemic, https://www.tcd.ie/law/2020.21, Ireland, Covid-19 Law and Human Rights Observatory, Trinity College Dublin, 2021
Maria Grazia Porcedda, Sentencing data-driven cybercrime. How UK courts tackle cybercrime with cascading effects, Octopus 2021, Council of Europe (online), 16-18 November 2021, 2021
Maria Grazia Porcedda, Sentencing data-driven cybercrime. How UK courts tackle cybercrime with cascading effects, Financial Crime: Challenges and Responses conference, Institute of Advanced Legal Studies (online), 14-15 October 2021, 2021
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, -
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, -
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
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
Maria Grazia Porcedda, Privacy, data protection and selfhood, Self in the Digital World seminar, Long Room Hub, 25 February, 2020
Maria Grazia Porcedda, Prosecuting Cybercrime: Courts, Data Crime and the Cascade Effect, 2nd Conference on the Human Factor in Cybercrime, Leiden, 16-18 October 2019, edited by Vrije Universiteit Amsterdam , 2019
Maria Grazia Porcedda, The regulation of security incidents and the making of cyber security law, EU Cybersecurity Law workshop, Cyber and Data Security Lab, VUB , Brussels, 11 October, 2019, Cyber and Data Security Lab, Vrije Universiteit Brussel
Maria Grazia Porcedda, Learning from common experience to steer the future of data, EU-China Symposium on Data Security and Personal Information protection, Brussels, 29 November, 2019, Privacy Hub, Vrije Universiteit Brussels and Cybersecurity Association of China
Maria Grazia Porcedda, The Cybercrime Cascade Effect and Criminal Justice Responses, EUROCRIM 2019 Conference, Ghent, Belgium, 18-20 September 2019, 2019
Research Expertise
Projects
- Title
- Appraising the prevention and deterrence of cybercrime in Ireland through the law
- Funding Agency
- Society of LegaL scholars
- Date From
- June 2022
- Date To
- April 2024
- Title
- Appraising the prevention and deterrence of cybercrime in Ireland through the law
- Summary
- Ireland has been touted as the data capital of Europe, thanks to it hosting both the European headquarters and data centres of Big Tech companies. This data bonanza is inevitably attracting the attention of cybercriminals: according to reports released in 2020, Ireland is witnessing a steep increase in cybercrime, including data breaches. Retaining such data leadership requires investing in strategies, including laws and regulations, to secure both the infrastructure and the data. As legislation designed explicitly to prevent or deter cybercrime is relatively recent, there is a shortage of statistics, case law and studies that provide a picture of the evolution of cybercrime in Ireland and the adequacy of legal responses. Both scholars and policy-makers alike have suggested there is a need to fill the gap through scholarly and policy research. This project aims to fill the gap by studying the implementation of the applicable law to prevent cybercrime and deter cyber-offenders and chart the incidence of instances of cybercrime.
- Funding Agency
- Trinity College Dublin
- Date From
- 01/09/2021
- Date To
- 31/08/2025
- Title
- Reconciling Cybersecurity, Privacy and Data Protection
- Funding Agency
- Trinity College Dublin
- Title
- National parliaments and cybersecurity: the case study of Covid-19 parliamentary debates
- Funding Agency
- Trinity College Dublin
- Title
- COVID-19 Law and Human Rights Observatory
- Summary
- The COVID-19 Law and Human Rights Observatory "engages in research across the full range of Ireland's legal response to COVID-19" with the objective of informing the public and sparking public debate. The Observatory's Blog publishes academic commentary on Ireland's legal response to COVID-19 as it evolves. The Observatory has also been publishing a range of public policy reports that address critical aspects of Ireland's response to COVID-19 (https://www.tcd.ie/law/tricon/covidobservatory/index.php)
- Funding Agency
- Trinity College Dublin
- Date From
- May 2020
- Date To
- 2021
- Title
- Horizon 2020 European Research Council Awards
- Summary
- The project funded the employment of two part-time researchers and research visits to support the drafting of the ERC Starting Grant 2021
- Funding Agency
- Enterprise Ireland
- Date From
- 23-07-2020
- Date To
- 22-07-2021
- Title
- AHSS ERC Teaching Buy-out scheme
- Summary
- The purpose of the project was to support my application to the ERC Starting Grant 2021
- Funding Agency
- Trinity College Dublin
- Date From
- 29-04-2020
- Date To
- 31-05-2021
- Title
- INADAI
- Funding Agency
- European Union
- Date From
- September 2023
- Title
- Regulation of ICT service providers in a cybersecurity perspective under European and Swiss law
- Funding Agency
- Swiss National Science Foundation
- Title
- Cybersecurity, privacy and data protection: can we have it all?
- Funding Agency
- AHSS Faculty Events Fund
- Date From
- 18 September 2023
- Date To
- 26 October 2023
- Title
- Erasmus+
- Summary
- Awarded for a teaching exchange at Tilburg University
- Funding Agency
- European Commission
Recognition
Representations
Member of the European Data Protection Board Support Pool of Experts
Invited Programme Committee Member of IEEE Europe Security & Privacy Conference 'WACCO' workshop
Invited Programme Committee member of the Cyber Research Conference Ireland 2022
Member of the External Ethical Advisory Board of the H2020 TRESSPASS project (n. 787120) (https://www.tresspass.eu/The-project)
Member of the Task Force on Cyber Capacity Building, coordinated by the European Union Institute for Security Studies to advise EU Directorate General for Development and Cooperation on matters of cyber capacity building
Invited member of the Scientific Committee of the Annual Privacy Forum 2024 (Karlstad University, Sweden)
Invited member of the Programme Committee of CPDP2024 - Computers, Privacy and Data Protection Conference, Brussels
Invited Programme Committee Member of IEEE Europe Security & Privacy Conference 'WACCO' workshop
Reviewer for Technology and Regulation (TechReg)
Reviewer for Oxford University Press manuscripts
Invited member of the Scientific Committee of the Cyber and Data Security Lab, Vrije Universiteit Brussel
Invited to contribute to European Parliament's ad-hoc mission to Dublin on the enforcement of the General Data Protection Regulation.
Advisory Board member of Trinity College Law Review (TCLR)
Invited to the experts workshop 'Bridging the regulatory disconnect between data collection and data analysis in criminal investigation' at VU University Amsterdam
Advisory Member for Data Protection of ERC Project DomEqual (PI: Sabrina Marchetti)
Invited member of the Programme Committee of CPDP2021 - Computers, Privacy and Data Protection Conference 2021, Brussels
Invited member of the Programme Committee of CPDP2020 - Computers, Privacy and Data Protection Conference 2020, Brussels
Member of the Project Committee of the 16th IFIP Summer School on Privacy and Identity Management, university of Luxembourg
Programme Committee Member of the Computers, Privacy and Data Protection 2019 Conference (Vrije Universiteit Brussel)
Academic Collaborator of the ADAPT Centre
Invited to review manuscript for European Law Journal
Invited to contribute to Cyber Resilience Act Impact Assessment in the context of the Study supporting the European Commission preparatory work for the planned Cyber Resilience Act (CEPS, ICF and Wavestone
Member of the Advisory Board of VIGILANT (H2020)
Awards and Honours
Trinity College Dublin AHSS Beneficiary Fund
Trinity College Dublin Provost PhD Projects Award
TRISS Academic Research Fellowship
Trinity College Dublin AHSS Beneficiary Fund
Enterprise Ireland European Research Council Awards
AHSS ERC Teaching Buy-out scheme
CLUSIT- Italian information security association, "Thesis Prize 2012"
Freiburg University, FRIAS Junior Researcher Conference 2015-16 Grant
Accademia Nazionale dei Lincei, Prize "Edoardo Ruffini 2011"
Licenza del Collegio Superiore, University of Bologna
Society of Legal Scholars Research Research Activities Fund
Trinity College Dublin AHSS Beneficiary Fund
Eramsus+ 2023
Memberships
Women 4cyber Registry https://cybersecurity-atlas.ec.europa.eu/women-4-cyber
Europol Data Protection Experts Network
Society of Legal Scholars
BILETA via Law School (Trinity College Dublin)
Italian Association of Information Security (CLUSIT)
Political Studies Association of Ireland
Europol Data Experts Network
Political Studies Association of Ireland
International Association of Privacy Professionals (IAPP)
Member of European Law Working Group
Member of the Working Group on Cybercrime
European Society of Criminology
Collaborator to the ADAPT Centre
David Kenny
Professor David Kenny
Professor In, Law
Head Of School, School Office - Law
Biography
Professor David Kenny is Professor in Law at the Law School, teaching and researching Irish and comparative constitutional law, conflict of laws, critical legal theory and law and literature. He is a graduate of Trinity College Dublin, Harvard Law School, and the Honourable Society of the King's Inns, and is an alumnus of the US State Department's Fulbright programme. He was elected a Fellow of Trinity College Dublin in 2021. Since June 2024, he has served as Head of the Law School.
Professor Kenny's research specialises in Irish and comparative constitutional law. He is co-author of the 5th edition of Kelly: the Irish Constitution, the leading text on Irish Constitutional Law, as well as many peer-reviewed articles in leading national and international journals on topics such as proportionality, constitutional culture, referendums, and executive branch legal advisors. He also researches widely in the field of law and literature. He has recently published a book with Routledge drawing together law, literature, and philosophical pragmatism entitled 'Pragmatism, Law and Literature'.
Professor Kenny has worked on constitutional reform issues across the island of Ireland. He has given expert evidence on constitutional issues to the Citizen's Assembly, the Joint Oireachtas Committee on the Eighth Amendment, the Joint Oireachtas Committee on Justice and Defence, and the Oireachtas Special Covid-19 Committee. He was a member of the Working Group on Unification Referendums on the Island of Ireland which reported in 2021, convened by the Constitution Unit of University College London and supported by funding from the British Academy and the Joseph Rowntree Charitable Trust. He was a co-ordinator of NSLMap, a recently-concluded project funded by the Shared Island Unit and Irish Research Council to map the convergences and divergences in various areas of law between Ireland and Northern Ireland. He served as a facilitator for the Northern Ireland Assembly Ad Hoc Committee on a Bill of Rights for Northern Ireland. He co-authored a major report on the human rights impact of COVID-19 response measures for the Irish Human Rights and Equality Commission in 2021. He also, from 2020-2023, worked with the Irish Human Rights and Equality Commission to develop a policy on constitutional change in respect of Economic, Social, and Cultural Rights. He is currently a member of the Research Advisory Group of An Coimisiún Toghcháin/The Electoral Commission.
Farther afield, he worked with the Centre of Constitutional Democracy at IU Bloomington and the US National Committee on North Korea in 2021 to compile a report on constitutionalism on the Korean Peninsula. He has advised the Commission on the Constitution of the National Diet of Japan about matters related to referendums. In August 2023 served as a human rights/rule of law consultant and training expert for the Organisation for Security and Co-operation in Europe in Ukraine. Since March 2024, he has served as an external expert for the appointments process for the Constitutional Court of Ukraine, setting written competence assessments in constitutional law for candidates being considered for appointment to the Court. He recently engaged with various stakeholders and International IDEA on reform of the Senate of Thailand.
He currently serves as a Senior Distinguished Research Fellow at the Constitution Studies Program at the University of Texas at Austin, and as a Senior Fellow at Melbourne Law School.
Professor Kenny currently teaches Constitutional Law and Critical Perspectives on Law. When not serving as Head of School, he teaches Conflict of Laws; Law and Literature; and judging in Apex Courts, co-taught with the former Chief Justice of Ireland. He was a recipient of the Provost's Award for Excellence in Teaching in 2015.
Publications and Further Research Outputs
Peer-Reviewed Publications
Religion and Law in Ireland and Northern Ireland in, editor(s)Andrew Holmes and Gladys Ganiel , Oxford Handbook of Religion in Modern Ireland, Oxford, Oxford University Press, 2024, pp369 - 414, [Christopher McCrudden, Oran Doyle, and David Kenny]
Oran Doyle, David Kenny, Christopher McCrudden, Law and Religion: Convergence and Divergence on the Island of Ireland, Irish Studies in International Affairs, 2024, p198 - 240
Referendums in 2040: Future Challenges Facing the Successful Irish Referendum Process in, editor(s)Keigo Komamura , Platform and Democracy: The Future of Another Monster Demos, 2024, pp305 - 324, [David Kenny (trans. Satoshi Yokodaido)]
David Kenny, Reencountering texts: James Boyd White, legal reading, and bringing back the human, Yale Journal of Law and Humanities, 35, (2), 2024, p363 - 377
David Kenny, Pragmatism, Law, and Literature, Routledge, 2024
The 1922 Constitution as a failed attempt to break from the Westminster tradition in, editor(s)Laura Cahillane and Donal Coffey , The Centenary of the Irish Free State Constitution: Constituting a Polity, Palgrave, 2024, pp175 - 196, [David Kenny]
David Kenny, Liberation from constraint and the culture of the new Supreme Court: Afterword to the Foreword by Conor Casey and Oran Doyle, Dublin University Law Journal (forthcoming), 44, (2), 2024
David Kenny and Conor Casey, How liberty dies in a galaxy far, far away: Star Wars, democratic decay, and weak executives, Law and Literature, 35, (2), 2023, p221 - 246
Ireland in, editor(s)Jaakko Husa, Jan Smits, Catherine Valcke , Elgar Encyclopedia of Comparative Law, Edward Elgar, 2023, pp293 - 299, [David Kenny]
David Kenny, Review of Law and Religion in Ireland, 1700-1970, by Niamh Howlin and Kevin Costello , Journal of Church and State, 2023
David Kenny, Maria Kotsoni, Lauryn Musgrove McCann, Social rights, culture, crisis, and austerity: the strange case of Ireland, Irish Jurist (), 70, 2023, p131 - 155
Conor Casey and David Kenny, The Risk and Rewards of Ireland's Leviathan: Rule of Law Values and the Irish Executive's Crisis Response to COVID-19, Irish Jurist, 70, 2023, p242 - 267
Laura Cahillane and David Kenny, The Seamus Woulfe controversy and the deficiencies in Ireland's judicial appointments process, Northern Ireland Legal Quarterly, 74, (2), 2023, p22 - 49
The Game Goes On: Why Legal Theorists Can Never Admit that Stanley Fish is Right in, editor(s)Thomas Bustamante and Margaret Martin , New Essays on the Fish-Dworkin Debate, Hart Publishling, 2023, pp75 - 95, [David Kenny]
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
David Kenny, Examining Constitutional Culture: Assisted Suicide In Ireland And Canada, Journal of Comparative Law, 17, (1), 2022, p85 - 115
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
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]
Laura Cahillane and David Kenny, Lessons from Ireland's 2020 Judicial Conduct Controversy., Common Law World Review, 51, (1-2), 2022, p24 - 24
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]
David Kenny, TD V MINISTER FOR EDUCATION, CONSTITUTIONAL CULTURE, AND CONSTITUTIONAL DARK MATTER, Irish Judicial Studies Journal , 6, (3), 2022, p39 - 46
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
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 ]
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]
Conor Casey and David Kenny, Ireland-COVID-19 response raises some rule of law concerns, Public Law, April, 2021, p480 - 483
David Kenny and Conor Casey, The Resilience of Executive Dominance in Westminster Systems: Ireland 2016-2019, Public Law , (April), 2021, p335 - 374
The Risks of Referendums: "Referendum culture" in Ireland as a solution? in, editor(s)Maria Cahill, Colm Ó Cinnéide, Conor O'Mahony, Sean Ó Conaill , Constitutional Change and Popular Sovereignty in Ireland , Routledge, 2021, pp198 - 223, [David Kenny]
Conor Casey, Oran Doyle, and David Kenny, The Irish State's COVID-19 Response and the Rule of Law: Causes for Concern, Studies, 440, (Winter ), 2021, p446 - 457
How our courts decide: the Decision-making Processes of Supreme Administrative Courts in, editor(s)ACA-Europe , Supreme Administrative Courts' Jurisprudence in Europe, Germany, GH Beck, 2021, pp43-87 - [Mr Justice Frank Clarke, David Kenny, Aine Ryall]
Ireland in, editor(s)Luís Roberto Barroso and Richard Albert , The 2020 International Review of Constitutional Reform, Texas, Program on Constitutional Studies at the University of Texas at Austin, 2021, pp153 - 157, [Conor Casey and David Kenny]
The Constitutional Politics of a United Ireland in, editor(s)Oran Doyle, Aileen McHarg, Jo Murkins , Constitutions Under Pressure: The Brexit Challenge for Ireland and the UK, Cambridge University Press, 2021, pp129 - 152, [Oran Doyle, David Kenny, Christopher McCrudden]
David Kenny, 'Love mounts to the throne with law': Citizenship in Northern Ireland and Seamus Heaney's Antigone, Law and Humanities, 15, (2), 2021, p195 - 218
Oran Doyle, David Kenny, Christopher McCrudden, The Franchise in Irish Unification Referendums, Irish Studies in International Affairs, 32, (2), 2021, p182 - 213
Alan Renwick, Oran Doyle, John Garry, Paul Gillespie, Cathy Gormley-Heenan, Katy Hayward, Robert Hazell, David Kenny, Christopher McCrudden, Brendan O'Leary, Etain Tannam, Alan Whysall , Working Group on Unification Referendums on the Island of Ireland: Final Report, Constitution Unit, University College London, May, 2021, p1 - 259
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 Kenny, Review of The Triangular Constitution by Tom Flynn , Common Law World Review, 49, (1), 2020, p92-106
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 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
David Kenny, The virtues of unprincipled constitutional compromises: Church and State in the Irish Constitution, European Constitutional Law Review, 16, (3), 2020, p417 - 439
David Kenny, Criminal Assets Bureau v Murphy - just the exclusionary rule in a civil context, or a new approach to unconstitutionality in the criminal process?, Irish Supreme Court Review , 1, (1), 2019, p187 - 204
The Failed Referendum to Abolish the Ireland's Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country in, editor(s)Richard Albert, Antonia Baraggia, Cristina Fasone , Constitutional Reform of National Legislatures Bicameralism under Pressure, Edward Elgar, 2019, pp163 - 182, [David Kenny]
Ireland in, editor(s)Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund Schuster and Mathias Sims , The Private International Law of Companies in the European Union, Munich, CH Beck, 2019, pp461 - 488, [Blanaid Clarke and David Kenny]
Richard Albert and David Kenny , The challenges of constitutional silence: Doctrine, theory, and applications, International Journal of Constitutional Law (ICON), 2018, p880 - 886
David Kenny, Proportionality and the Inevitability of the Local: a comparative localist analysis of Canada and Ireland, American Journal of Comparative Law, 66, (3), 2018, p537 - 578
GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp
David Kenny, Abortion, The Irish Constitution, and Constitutional Change, Revista de Investigações Constitucionais / Brazilian Journal of Constitutional Research , 5, (3), 2018, p257 - 275
David Kenny and Liz Heffernan, Peer Observation of Teaching, Dublin University Law Journal, 2017, p205 - 216
Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny]
David Kenny, - "Always, inevitably local: Ireland's strange populism and the trouble with theory", Jean Monnet Paper Series ; , Populism and Public Law , NYU Law School, September 2017, edited by Grainne de Burca and Joseph Weiler , (7), NYU, 2017
Merit, Diversity, And Interpretive Communities: The (Non-Party) Politics Of Judicial Appointments And Constitutional Adjudication in, editor(s)Laura Cahillane, Tom Hickey, James Gallen , Politics, Judges, and the Irish Constitution, Manchester University Press, 2017, pp136 - 149, [David Kenny]
Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation (republication) in, editor(s)Wendy Collins Perdue , Procedure and Private International Law, Edward Elgar, 2017, pp197 - 209, [David Kenny and Rosemary Hennigan]
David Kenny, Remedial Innovation, Constitutional Culture, and the Supreme Court at a Crossroads, Dublin University Law Journal, 40(2), 2017, p85 - 106
David Kenny, Politics all the way down: originalism as rhetoric, Diritto pubblico comparato ed europeo (DPCE) Online, 31, (3), 2017, p661 - 667
David Kenny and Rosemary Hennigan, Choice of Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation: a possible snag, International and Comparative Law Quarterly, 64, (1), 2015, p197 - 209
Gerard Hogan, David Kenny and Rachael Walsh, An Anthology of Unconstitutionality, Irish Jurist, (54), 2015, p1 - 30
David Kenny, Conventions in Judicial Decisionmaking: Epistemology and the Limits of Critical Self Consciousness, Dublin University Law Journal, 38, (2), 2015, p432 - 441
David Kenny, A Review of Neil Walker's "Intimation of Global Law", by Neil Walker , American Journal of Comparative Law, 2015, p1053-1060
Defamation and Privacy and the Rome II Regulation in, editor(s)Peter Stone and Youseph Farah , Research Handbook on the Conflict of Laws, Elgar, 2015, pp315 - 343, [David Kenny and Liz Heffernan]
David Kenny, Re Flightlease: The 'Real And Substantial Connection' Test For Recognition And Enforcement Of Foreign Judgments Fails To Take Flight In Ireland, International and Comparative Law Quarterly, 63, (1), 2014, p197 - 212
David Kenny, Proportionality, the Burden of Proof, and Some Signs of Reconsideration, Irish Jurist, 52, 2014, p141 - 152
David Kenny, Grounding Constitutional Remedies in Reality: the Case for As-Applied Constitutional Challenges in Ireland, Dublin University Law Journal, 35, 2014, p53 - 77
David Kenny, Recent Developments in the Right of the Person in Article 40.3: Fleming v Ireland and the Spectre of Unenumerated Rights, Dublin University Law Journal, 2013, (36), 2013, p322 - 341
The Separation of Powers and Remedies: The Legislative Power and Remedies for Unconstitutional Legislation in Comparative Perspective in, editor(s)Eoin Carolan , The Constitution of Ireland: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, pp191 - 216, [David Kenny]
David Kenny, Fair Procedures in Irish Administrative Law: Towards a Constitutional Duty to Act Fairly in Dellway Investments v NAMA, Dublin University Law Journal, 34, 2011, p47 - 73
David Kenny, A Dormant Doctrine of Overbreadth: Abstract Review and Ius Tertii in Irish Proportionality Analysis, Dublin University Law Journal, 32, 2010, p25 - 50
Non-Peer-Reviewed Publications
Alan Eustace and David Kenny, Collective Bargaining and The Irish Constitution"Barrier or Facilitator?, Irish Human Rights and Equality Commission, December, 2023, p1 - 33
Irish Human Rights and Equality Commission, written by David Kenny, The Incorporation of Economic, Social and Cultural Rights into the Irish Constitution, Oxford, February , 2023
Oran Doyle, David Kenny, Christopher McCrudden, Fionnula Ní Aoláin, Legal Convergence and Divergence on the Island of Ireland: Report of the North-South Legal Mapping Projectto the Shared Island Unit, Oxford, Irish Research Council/Shared Island Unite, September, 2022, p1 - 19
Conor Casey, Oran Doyle, David Kenny, Donna Lyons, Ireland's Emergency Powers During the COVID-19 Pandemic, Irish Human Rights and Equality Commission, February, 2021, p1 - 104
David Kenny, Conor Casey, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, Chapter 1: Public Health Governance: The Role of NPHET , Dublin, COVID 19 Law and Human Rights Observatory, 2021, p11 - 28
National Committee on North Korea, Constitutional Design in North and South Korea, May, 2021, p1 - 18
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
David Kenny and Eoin Daly, Report on the Constitutional Limits of the "Money Message" Procedure under Article 17.2 of the Constitution of Ireland, May, 2019, 1-20
Frank Clarke, David Kenny, Aine Ryall, How Courts Decide: adjudicative process of Supreme Administrative Courts, ACA (association of Supreme Administrative Courts) Europe, 2019
David Kenny and Rosemary Hennigan, In Two Minds: Atticus Finch and the Limits of Law, Dublin Review of Books, (5), 2016
David Kenny, Goshawk Dedicated Ltd v Life Receivables Ireland Ltd - Jurisdiction, Lis Alibi Pendens and Problematic Use of the Brussels Regime, Trinity College Law Review, 12, 2009, p1-
Research Expertise
Recognition
Awards and Honours
Elected Fellow of Trinity College Dublin
Provost's Award for Excellence in Teaching
Ussher Fellowship, Trinity College Dublin
Fulbright Scholar
Memberships
Board Member and Supervising Lawyer, Irish Innocence Project
Felix Mezzanotte
Biography
Félix teaches courses in financial services law, legal aspects of sustainable finance and insolvency law. He acts as Director of the MSc in Law and Finance Programme jointly managed by our school and Trinity Business School.
His most recent research has addressed problems in the field of law, sustainability and finance including issues of investor protection, sustainability/related information disclosure and compliance. His work has been published in highly-regarded law journals including the Capital Markets Law Journal, European Law Journal, Journal of Corporate Law Studies, Review of Banking & Financial Law, and the Journal of Antitrust Enforcement, among others.
Prior to Trinity, Félix taught law at the Faculty of Business of the Hong Kong Polytechnic University for almost a decade and he was awarded the "Faculty of Business Award for Outstanding Teaching".
In the past, Félix worked as policy advisor for the World Bank in Washington DC in the areas of pension, access to credit and property rights and as a research associate at the Centre for Competition Policy, University of East Anglia, Norwich (UK). As visiting scholar, he completed research projects at Columbia Law School (Columbia Center for Sustainable Investment), Melbourne Law School, and Koguan Law School (Center for Competition Law and Policy), Shanghai Jiao Tong University.
Félix earned his undergraduate law degree in Buenos Aires (UNMDP) and graduate degrees in the United Kingdom at the University of East Anglia, University of London (SOAS) and the University of Warwick.
PhD/Doctoral Candidates:
Candidates considering or planning undertaking doctoral studies in law are strongly encouraged to contact Felix directly: felix.mezzanotte@tcd.ie.
He is particularly keen to supervise students interested in legal problems related to sustainability in companies and financial markets such us greenwashing, non-financial information disclosure, duties of investment advisers and managers in a sustainable finance context, investor protection, regulatory compliance, enforcement issues in sustainable finance, among other topics.
Drafts of the publications cited below are available in the SSRN website and in research gate at: https://www.researchgate.net/profile/Felix_Mezzanotte.
Publications and Further Research Outputs
Peer-Reviewed Publications
Felix E Mezzanotte, Examining the Reasons for Impact Materiality in EU Corporate Sustainability Reporting, European Business Law Review (forthcoming), 2024
Félix E Mezzanotte, Corporate Sustainability Reporting: Double Materiality, Impacts and Legal Risk, Journal of Corporate Law Studies, DOI: 10.1080/14735970.2024.2319058, 2024
Felix E Mezzanotte (with Alexandros Seretakis), Blockchain and Corporate Sustainability Reporting, European Company Law, 20, (5), 2023, p97 - 102
Sustainable Finance: Country Report Ireland (forthcoming) in, editor(s)Jens Ekkenga and Martin Winner , Sustainable Finance in Europe, 2023, [Felix E Mezzanotte (with Blanaid Clarke)]
Felix E Mezzanotte, EU Sustainable Finance: Complex Rules and Compliance Problems, Review of Banking & Financial Law, 42, (2), 2023, p845 - 896
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
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
Felix E Mezzanotte, Accountability in EU Sustainable Finance: Linking the Client's Sustainability Preferences and the MiFID II Suitability Obligation, Capital Markets Law Journal, (4), 2021, p1-21
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
Felix E Mezzanotte, "Crypto-Assets and Securities Regulation: Recent Developments and Trends", Butterworths Journal of International Banking and Financial Law, 34, (8), 2019, p564 - 567
Felix E Mezzanotte, Comments on Argentina's New Leniency Program, Hofstra Journal of International Business & Law, 18, (2), 2019, p163 - 184
Felix E Mezzanotte, Suitable Investment Advice in Hong Kong: Restrictions on Contractual Disclaimers, Capital Markets Law Journal, 13, (4), 2018, p600 - 618
Felix E Mezzanotte and Simon Fung, Do Institutional Owners Monitor? Evidence from Voting on Connected Transaction Proposals in Hong Kong-Listed Companies, Michigan Business and Entrepreneurship Law Review, 7, (2), 2018, p221 - 257
Felix E Mezzanotte, Do (Underperforming) Students Benefit from a Flipped Lecture? Evidence from Business Students Studying Company Law, Legal Education Review, 28, (1), 2018
Felix E Mezzanotte, Use of 'Reading Quizzes' to Foster Learning: Evidence from Teaching Company Law in Business Programmes', The Law Teacher, 51, (3), 2017, p349 - 363
Felix E Mezzanotte, Do Institutional Owners Monitor? Evidence from Voting on Connected Transactions in Hong Kong-listed Companies, Corporate Law Teachers Association (CLTA) Annual Conference, Brisbane, Australia, 2017
Felix E Mezzanotte, The Unconvincing Rise of the Statutory Derivative Action in Hong Kong: Evidence from its first Ten Years of Enforcement, Journal of Corporate Law Studies, 17, (2), 2017, p469 - 496
Felix E Mezzanotte, The Unconvincing Rise of the Statutory Derivative Action in Hong Kong: Evidence from its first Ten Years of Enforcement, European-China Law Studies Association (ECLS) 2016 Annual Conference, Rome, 21-24 September, 2016
Felix E Mezzanotte and Liyang Hou, The Role of Presumptions of Market Dominance in Civil Litigation in China, Journal of Antitrust Enforcement, 3, (suppl 1), 2015
Felix E Mezzanotte, Notices, Enforcement and the Making of the Hong Kong Competition Ordinance, China-EU Law Journal, 4, (2), 2015, p201 - 222
Felix E Mezzanotte, Notices, Enforcement and the Making of the Hong Kong Competition Ordinance, European-China Law Studies Association (ECLS) 2014 Annual Conference, Chinese University of Hong Kong, Hong Kong, China , November 15th-16th, 2014
Felix E Mezzanotte, Presumptions of Market Dominance and Oligopoly in Europe and China: A Comparison, World Competition, 36, (2), 2013, p313 - 338
Interpreting the Boundaries of Collective Dominance in Article 102 TFEU [Reprint] in, editor(s)Greaves, R. , The Library of Essays on Antitrust and Competition Law, Ashgate Publishing Limited, 2013, pp255 - 273, [Felix E Mezzanotte]
Felix E Mezzanotte, Understanding the Implications of the Infringement and Warning Notices in the Hong Kong Competition Ordinance: Some Evidence from the Lawmaking Process, Annual Asian Competition Forum Conference (9th), Hong Kong Polytechnic University, Hong Kong, China, December 8th-10th, 2013
Felix E Mezzanotte, Proof of Market Dominance and Presumptions in China: Insights and Questions, Annual Asian Competition Forum Conference (8th), Hong Kong Polytechnic University, Hong Kong, China, December 11th-12th, 2012
Felix E Mezzanotte, EU Anti-Collusion Toolkit: Limits of a Policy that Combats the Facilitation of Collusion, European Law Journal, 17, (4), 2011, p495 - 512
Felix E Mezzanotte, Government Misuse of Competition Laws: Discussing the Telecom Italia Case in Argentina, Law & Business Reviews of the Americas, 2011, p181 - 193
Felix E Mezzanotte, Interpreting the Boundaries of Collective Dominance in Article 102 TFEU, European Business Law Review, 21, 2010, p519 - 537
Felix E Mezzanotte, Comentarios Sobre el Caso Telecom, LA LEY, 2010
Felix E Mezzanotte, Using Abuse of Collective Dominance in Article 102 TFEU to Fight Tacit Collusion: the problem of Proof and Inferential Error, World Competition, 33, (1), 2010, p77 - 102
Felix E Mezzanotte, Es La Collusión Tácita Ilegal? El caso Sony/BMG, LA LEY, 2009
Felix E Mezzanotte, Tacit Collusion as Economic Links in Article 82 EC. Revisited., European Competition Law Review, 30, (3), 2009, p136 - 141
Felix E Mezzanotte, Direct Versus Indirect Proof of the Airtours Criterion in Impala, World Competition, 31, (4), 2008, p523 - 540
Felix E Mezzanotte, Securitización y la Protección de los Acreedores del Originador, LA LEY, 2006
Non-Peer-Reviewed Publications
Felix E Mezzanotte (with Alexandros Seretakis), Corporate Sustainability Reporting and Blockchain / Research Note / Duke University - The FinReg Blog, 2024, -
Felix E Mezzanotte, Corporate Sustainability Reporting: Double Materiality as Innovation, Rethinking Company Law, Newcastle University, United Kingdom, March 2024, 2024
Felix E Mezzanotte, Examining the Reasons for Impact Materiality in EU Corporate Sustainability Reporting, Trinity Law School Seminar Series, 2023
Felix E Mezzanotte, Double Materiality in Corporate Sustainability Reporting, Comparative Takeovers and Securities Law, McCann Fitzgerald LLP, 2023
Felix E Mezzanotte, Corporate Sustainability Reporting and Blockchain, Trinity Law School Seminar Series, Dublin, 2023
Felix E Mezzanotte, EU Sustainable Finance: Complex Rules and Compliance Problems / Research Note / Oxford Business Blog, 2023, -
Felix E Mezzanotte, Rule Complexity and NonCompliance: A Discussion on Sustainable Finance Rules and their Compliance Burdens, Trinity Law School Seminar Series, Dublin, 2022
Felix E Mezzanotte, "Regulating Sustainability Risk and Sustainable Investments in Europe" / Research Note / The FinReg Blog, Global Financial Markets Center, Duke University School of Law, American University Business Law Review, 11, (2), 2022, 216 - 276
Trinity Law School (Technologies, Law and Society Research Group), International Symposium 'Governing Artificial Intelligence: Designing Legal and Regulatory Responses', June 3rd, 2022, Trinity College Dublin (Panel Chair)
Felix E Mezzanotte, 'Robo-Advisers and Investor Protection: A View from Switzerland' / Research Note / University of Oxford (Business Law Blog), 2021, -
Felix E Mezzanotte, The Monitoring Role of Institutional Owners: Evidence from Shareholders' Voting on Connected Transaction Proposals in Hong Kong, Melbourne Law School, Australia, October 15th, 2015, Centre for Corporate Law and Securities Regulation (CCLSR) and Asian Law Centre
Felix E Mezzanotte, The Flipped Classroom, Roundtable Teaching and Learning: MOOCs and the Flipped Classroom (EDC), Hong Kong Polytechnic University, Hong Kong, China, January 27th, 2015
Felix E Mezzanotte, Notices, Enforcement and the Making of the Hong Kong Competition Ordinance, Hong Kong Competition Commission, Hong Kong, China, July, 2014
Felix E Mezzanotte, Tips and suggestions in Using Blackboard for Teaching & Learning: Pre-Unit Quizzes and Case Study, AF Teaching and Learning Workshop, Hong Kong Polytechnic University, Hong Kong, China, October 31st, 2014
Felix E Mezzanotte, Class Participation, Workshop, School of Accounting and Finance, Hong Kong Polytechnic University, Hong Kong, China, March, 2013
Felix E Mezzanotte, Presumptions of Market Dominance in Article 19 AML: Problems and Limits from the Perspective of Evidence and Law Enforcement, International Symposium on the Frontier of Antimonopoly Law Enforcement, Hangzhou, China, August 13th-15th, 2012
Felix E Mezzanotte, Article 19 AML's Presumptions of Dominance and Oligopoly: Some Insights, International Seminar: Asian Competition Law and Economics Centre (ACLEC), Hong Kong Polytechnic University, Hong Kong, China, December 3rd, 2011
Felix E Mezzanotte, The Downsides of Using Article 9 Decisions to Resolve Concerns of Tacit Collusion, Workshop, Tilburg Law and Economics Centre, Tilburg University, Netherlands, May, 2009
Felix E Mezzanotte, Using Article 9 Decisions to Fight Tacit Collusion: A Viable Tool for the Commission?, Workshop, ESRC Centre for Competition Policy, University of East Anglia (UEA), United Kingdom, June, 2009
Research Expertise
Description
I investigate the role of law in promoting sustainable financial markets and companies. With the European Green Deal and EU sustainable finance providing the policy context, my research enquires into the design, workings and compliance with recently created legal rules aimed at integrating sustainability preferences and performance in the decision-making process of investors and companies. Focussing on key problems of investor protection, information disclosure and regulatory enforcement strategies, my research is driven by the premise that a sound integration of sustainability factors in decision making renders the conduct of financial actors and companies more accountable towards the environment and society. More broadly, my research record includes publications in the field of competition law, company law and governance, financial law, and legal education.Projects
- Title
- Sustainable Finance in Ireland: Integrating Social Objectives in Investment Decisions
- Summary
- This project investigated the legal constraints influencing the development of sustainable investment markets and products by Asset Management Firms (AMFs) in Ireland. To this end, the project aimed to explain the role of those AMFs in sustainable finance in Ireland and to identify and examine compliance problems and other legal constraints.
- Funding Agency
- Arts and Social Sciences Benefactions Fund, FAHSS, Trinity College Dublin
- Date From
- 01 April 2021
- Date To
- 19 July 2023
- Title
- Comparing the Traditional Lecture With the Flipped Class in AF3507 Company Law
- Funding Agency
- Faculty of Business/ Hong Kong Polytechnic University
- Title
- The Statutory Derivative Action in Hong Kong: Has It Increased Shareholder Protection? An Empirical Study
- Funding Agency
- Rearch Grants Council - Hong Kong
- Title
- Understanding the Effects of Presumptions of Market Dominance on the Enforcement of Article 17 of China's Antimonopoly Law: A Three-Dimensional Approach
- Funding Agency
- Hong Kong Polytechnic University
- Title
- Teaching Company Law to Students of Accounting and Finance: Enhancing the Students' Learning Experience and Outcomes
- Funding Agency
- University Grants Committee - Hong Kong
- Title
- An Examination Into the Effectiveness of the 'First Conduct Rule' in the HK Competition Bill from the Perspective of Deterrence of Collusive Behavior
- Funding Agency
- Hong Kong Polytechnic University
- Title
- Will China Defeat Oligolopy? An Analysis of the Presumptions of Market Dominance in Article 19 of China's Antimonopoly Law
- Funding Agency
- School of Accounting and Finance / Hong Kong Polytechnic University
Recognition
Representations
External Trinity Consulting
Andrea Mulligan
Biography
I am an Assistant Professor of Law at the School of Law, teaching and researching in the field of Medical Law and Bioethics. My particular area of specialisation is the legal regulation of human reproduction, encompassing maternity care, assisted reproduction and abortion. I am interested in both the public law and private law aspects of this research field.
I am PI on the IRC-funded CORALE Project investigating attitudes to conscientious objection in abortion services in Ireland.
I graduated from the LL.B programme at the School of Law, before going on to study on the LL.M programme at Harvard Law School, where I specialised in reproductive technologies and constitutional law. I returned to TCD for my doctoral studies, and was awarded my doctorate in 2014, for my thesis entitled "Fundamental Right and Organising Principles in the Regulation of Assisted Reproduction in Ireland." I was called to the Bar of Ireland in 2012.
I was appointed a Commissioner at the Law Reform Commission of Ireland in 2020.
Publications and Further Research Outputs
Peer-Reviewed Publications
Andrea Mulligan, Surrogacy and the Significance of Gestation: Implications for Law and Policy, Bioethics, 2024, p1 - 10
Andrea Mulligan, Constitutional Rights in Assisted Human Reproduction: Charting the Contemporary Impact of Marital Privacy, Dublin University Law Journal, 2024
Desmond Ryan, Marta Lasek-Markey, Andrea Mulligan, Linda Hogan, Bryana Tunder, Conscientious Objection in an Uncertain Time: New Challenges in Ireland, Religions, 14, 2023, p1 - 16
Andrea Mulligan and Rebecca Brown, 'Maternal Request Caesarean Section' and Medical Necessity, Clinical Ethics, 18, (3), 2023, p312 - 320
Andrea Mulligan and Clayton Ó Néill, Health Law: Convergence and Divergence on the Island of Ireland, Irish Studies in International Affairs, 34, (2), 2023, p285 - 329
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
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]
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
Sarah Hamill and Andrea Mulligan, Public/Private Healthcare in a Pandemic in n Public Health Law During the COVID-19 Pandemic in Ireland Editors: Alan Eustace, Sarah Hamill, Andrea Mulligan A Public Policy Report of the COVID-19 LEGAL OBSERVATORY School of Law, Trinity College Dublin, August 2021, 2021, August 2021, 2021
Andrea Mulligan, Patient Confidentiality and Disclosure Of HIV Status: Disentangling the Entitlement to Disclose From the Duty To Warn, Medical Law Review, 29, (4), 2021, p688 - 698
Conor Casey, David Kenny and Andrea Mulligan, Public Health Governance: The Role of NPHET, in Public Health Law During the COVID-19 Pandemic in Ireland Editors: Alan Eustace, Sarah Hamill, Andrea Mulligan A Public Policy Report of the COVID-19 LEGAL OBSERVATORY School of Law, Trinity College Dublin, August 2021, 2021
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
Andrea Mulligan, A Vindicatory Approach to Tortious Liability for Mistakes in Assisted Human Reproduction, Legal Studies, 40, (1), 2020, p55 - 76
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]
Surrogacy Law in Ireland: The Troubling Consequences of Legislative Inertia in, editor(s)Peter Dunne and Lynsey Black , Law and Gender in Modern Ireland, Hart Publishing , 2019, pp117 - 136, [Andrea Mulligan]
Andrea Mulligan, Identity Rights and Sensitive Ethical Questions: The European Convention on Human Rights and the Regulation of Surrogacy Arrangements, Medical Law Review, 2018, p449 - 475
Mulligan, Constitutional Aspects of International Data Transfer and Mass Surveillance, Irish Jurist, 55, 2016, p199 - 208
Andrea Mulligan, The Right to Travel for Abortion Services: A Case Study in "Cross-Border Reproductive Care, European Journal of Health Law, 22, (3), 2015, p239 - 266
Andrea Mulligan, Self-Determination, Capacity and the Right to Die by Hunger Strike: Governor of X Prison v PMcD, Irish Jurist, 54, (2), 2015, p165 - 172
Andrea Mulligan, Maternal Brain Death and Legal Protection of the Foetus in Ireland, Medical Law International, 15, 2015, p182 - 195
Andrea Mulligan, Article 8 and the Right to Respect for the Decision to Have or Not to Have a Child, European Human Rights Law Review, 4, 2014, p378 - 387
Andrea Mulligan, Constitutional Parenthood in the Age of Assisted Reproduction" (2014) 48(1) Irish Jurist , Irish Jurist, 48, (1), 2014, p90 - 122
Andrea Mulligan, From Murray v Ireland to Roche v Roche: Re-Evaluating the Right to Procreate in the Context of Assisted Reproduction, Dublin University Law Journal, 35, 2012, p261 - 291
Andrea Mulligan, Tortious Liability for Mistakes in IVF: Duty of Care, Public Policy and the Non-Identity Problem in A(A Minor) and B(A Minor) v A Health and Social Services Trust, Dublin University Law Journal, 34, 2011, p256 - 270
Andrea Mulligan, Frozen Embryo disposition in Ireland After Roche v Roche, Irish Jurist, 46, (1), 2011, p202 - 210
Non-Peer-Reviewed Publications
Andrea Mulligan, Conscientious Objection in Termination of Pregnancy Services in Ireland: Interdisciplinary Insights, Trinity Long Room Hub Medical Humanities Seminar, Trinity Long Room Hub, 18 April 2024, 2024, Medical Humanities Research Group TCD
Mulligan, Caulfield, Grant, Hunt-Sheridan, Molony, O'Brien and Tolan, Law Reform Commission Report: A Regulatory Framework for Adult Safeguarding, LRC-128, Law Reform Commission, April 2024, 2024
Andrea Mulligan, Conscientious Objection in Termination of Pregnancy in Ireland: Doctrinal and Empirical Insights, Society of Legal Scholars Conference 2024, University of Bristol, 3-5 September 2024, 2024
Andrea Mulligan and Joan Lalor, Conscientious Objection in Termination of Pregnancy in Ireland: Balancing Rights and Ensuring Service Provision, Conference of the European Association of Health Law 2024, University of Warsaw, Warsaw, Poland, 18-20 September 2024, 2024
Andrea Mulligan and Joan Lalor, Uncharted Territory: Investigating the Right toConscientious Objection in Termination ofPregnancy in Ireland, Law and Society, Denver, Colorado, 6-9 June 2024, 2024
Andrea Mulligan, Modern Marital Privacy: Re-Evaluating McGee for Contemporary Reproduction, CONTRACEPTION AND THE CONSTITUTION: REPRODUCTIVE AUTONOMY AND CONSTITUTIONAL CHANGE AFTER MCGEE V ATTORNEY GENERAL, Trinity College Dublin, Long Room Hub, 2 December 2023, 2023
Andrea Mulligan, Health Law on the Island of Ireland, Cross-Border Practice on the Island of Ireland: Convergence and Divergence, Distillery Building, Bar of Ireland, 22 February 2023, 2023, Bar of Ireland
Andrea Mulligan, Clinical Negligence as a Mechanism for the Vindication of Fundamental Rights: The Rights of Family Members, Society of Legal Scholars Conference, King's College London, 7-9 September 2022, 2022
Andrea Mulligan, The Covid 19 Pandemic and the Rule of Law, European Lawyers Union and Irish Centre for European Law Conference,`The Rule of Law in the European Union", The Long Room Hub, Trinity College Dublin, 11 November 2022, 2022, European Lawyers Union and Irish Centre for European Law
Andrea Mulligan, Surrogacy and the Significance of Gestation: Implications for Law and Policy, Guest Presentation at Centre for Health, Law, and Society, University of Bristol, Centre for Health, Law, and Society, University of Bristol, 7 July 2022, 2022, Centre for Health, Law, and Society, University of Bristol
Andrea Mulligan, Surrogacy and the Significance of Gestation: Implications for Law and Policy, Presentation to Medical Law and Ethics Discussion Group, Faculty of Law, University of Oxford, Faculty of Law, University of Oxford, 27 April 2022, 2022, Medical Law and Ethics Discussion Group
Alan Eustace, Sarah Hamill, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, COVID-19 LEGAL OBSERVATORY, School of Law, Trinity College Dublin, August, 2021
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
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 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
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 Considerations Relating to Critical Care in the context of COVID-19 ', National Public Health Emergency Team, 2020, - 6
Pandemic Ethics Advisory Group, 'Ethical Considerations for PPE Use by Health Care Workers in a Pandemic', National Public Health Emergency Team, 2020, - 2
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, 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, 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, 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, '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
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
Andrea Mulligan, Protecting the Best Interests of the Future Child in the Regulation of Gene Editing Technologies, European Association of Health Law Conference, Toulouse, September 2019, 2019
Andrea Mulligan, Protecting the Best Interests of the Child in the Regulation of Gene Editing Technologies, 33rd European Conference on Philosophy of Medicine and Healthcare (ESPMH), Oslo, August 2019, 2019
Andrea Mulligan, Should there be a Legal Right to Know your Surrogate? Identity and the Role of Gestational Motherhood, British Sociology Association, Human Reproduction Study Group Annual Conference, May 2018, 2018
Oran Doyle, Andrea Mulligan and Mary Rogan, Graduate Attributes, Curriculum Reform, and Pedagogical Innovation, LERU Law Schools Conference - The Future of Legal Pedagogy, Lund, 14 November 2018, 2018
Andrea Mulligan, Article 8 ECHR and the Right to Identity in Assisted Human Reproduction, Society of Legal Scholars Annual Conference, London, September 2018, 2018
Andrea Mulligan, Tortious Liability for Mistakes in Reproductive Treatment, Society of Legal Scholars Annual Conference, Dublin, September 2017, 2017
Andrea Mulligan Simon Mills, Medical Law in Ireland, 1st, Dublin, Bloomsbury Professional , 2017, 1 - 619pp
Andrea Mulligan, Regulation of Surrogacy and the ECHR, Surrogacy: Forging a legal and Policy Framework for Ireland, 2016
Andrea Mulligan, The Use of DNAR Orders in Irish Law, CMG Interdisciplinary Professional Conference, 'Legalities in End of Life Care, Dublin, 2015
International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Gamete Donation Across International Borders: The Challenge of Ensuring Donor Contact in Europe, International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Santander, Spain, 2015
Andrea Mulligan, The Human Fertilisation and Embryology Acts and the Protection of the Best Interests of Future Children., Postgraduate Bioethics Conference, King's College London, May 2013, 2013
Andrea Mulligan, Crafting a Legal Framework for Assisted Reproduction: Values, Rules and Judicial Incrementalism, Irish Association of Law Teachers Annual Conference, Dublin, November 2012, 2012
Andrea Mulligan, The Contested Nature of the Best Interests Test, Conference on the Children's Rights Referendum, TCD, 2012
Andrea Mulligan, Revising the Meaning of Life: Legal Protection of Embryos in Ireland and Germany and Assisted Human Reproduction, Irish Society of Comparative Law, UCD, April 2011, 2011
Andrea Mulligan, Roche v Roche: some guidance for frozen embryo disputes, Trinity College Law Review, 13, 2010, p168 - 181
Recognition
Representations
Appointed by Government of Ireland as Law Reform Commissioner (Part Time) 2020 - 2025. The Law Reform Commission is the independent statutory body with responsibility for law reform in Ireland. The vast majority of its recommendations are ultimately enacted as law by the legislature. Commissioners are nominated by the Attorney General and appointed by the Government. I am the only academic Commissioner and the other three part-time Commissioners are current or former judges of the High Court and Supreme Court. I was Coordinating Commissioner on the Report on a Regulatory Framework for Adult Safeguarding (Approx 1000 pages), meaning that I had overall responsibility for the content of the Report and was responsible for achieving consensus among all the commissioners on the recommendations.
Independent Ethics Advisor, KitNewCare. This is a pan-European project investigating how to make kidney healthcare more sustainable, funded by the EU's Horizon 2020 project and UK Research and Innovation. I have been appointed as Independent Ethics Advisor for the duration of the project (4 years). During this time I will provide ongoing consultancy services and write annual reports on issues arising. Details on the project can be found here:https://kitnewcare.eu/
Provided preliminary data from CORALE Study to Marie O'Shea for use in the Independent Review of the Operation of the Health (Regulation of Termination of Pregnancy) Act 2018, commissioned by the Department of Health. The final draft of the report published in April 2023 cites the CORALE Study 12 times and specifically acknowledges that our data provided information that would not otherwise have been known. The final report is available here:https://docs.google.com/file/d/1OZJj1KXvFir86JcEA0RiSQJpagfT6MHF/view
Invited to address the Joint Oireachtas Committee on Assisted Dying. I was cited 9 times in the Final Report of the Committee. My contribution to the debate can be found here:https://www.oireachtas.ie/en/debates/debate/joint_committee_on_assisted_dying/2023-06-20/
Invited to address Joint Oireachtas Committee on International Surrogacy. I was invited to address the Committee in my capacity as an expert on surrogacy law. My contribution can be found here:https://www.oireachtas.ie/en/debates/debate/joint_committee_on_international_surrogacy/2022-04-14/2/
Invited to address Joint Oireachtas Committee on Health on Adult Safeguarding, in my capacity as Law Reform Commissioner and Coordinating Commissioner of the Adult Safeguarding Project
Engaged by the Attorney General to advise on the Health (Assisted Human Reproduction) Act 2024. I was engaged as an academic expert on surrogacy to advise on the law of international surrogacy. Through this piece of work I had the opportunity to directly implement my academic research on surrogacy into law.
Journal of Law and the Biosciences, Peer Reviewer
Irish Supreme Court Review, Peer Reviewer
Lecturer in Assisted Human Reproduction on Law Society of Ireland, PPC II
Lecturer in Assisted Human Reproduction on King's Inns Advanced Diploma in Medical Law
Engaged by the Attorney General to advise on constitutional law issues arising in respect of, and work on the drafting of, the Birth Information and Tracing Act 2022. This seminal piece of law reform gave adopted persons a legal right to access to their birth information for the first time in the history of the Irish State.
Member of the Pandemic Ethics Advisory Group, March - July 2020. This was a subgroup of the National Public Health Emergency Team, the expert advisory group that advised Government during the COVID-19 pandemic. I was jointly responsible for drafting guidance documents on ethical topics such as allocation of critical care resources. Our guidance documents were disseminated across the health service by the HSE/Department of Health and formed the practical basis for ethical decisions during the most acute phase of the COVID-19 Pandemic.
Engaged as an academic expert by the UK Secretary of State for Health and Social Care to provide an expert report for the High Court of England and Wales on surrogacy laws in the Member States of the Council of Europe. Report cited by Mrs Justice Lieven of the High Court of England and Wales in her judgment.
Commissioned by Special Rapporteur for Children Geoffrey Shannon to work on legal report on discovery of mass graves at Tuam Mother & Baby Home. Report contributed to ultimate decision by government to exhume bodies.
Briefed by Attorney General to represent State in case of IRM v Minister for Justice before the Supreme Court. Case defined scope of right to life of unborn, prior to repeal of 8th Amendment.
Bioethics (Journal), Peer Reviewer
Invited to provide policy briefing to Irish Hospice Foundation on constitutional issues and end of life care, including assisted suicide.
Council Member, Irish Association of Law Teachers. This is the association for Law teachers in Ireland. My role involved liaising between the IALT and the Trinity Law School.
Medical Law Review, Peer Reviewer
Journal of Medical Ethics, Peer Reviewer
Medical Law International, Peer Reviewer
Fulbright Commission, Interview Panel for Law Scholarships. I was invited by the Fulbright Commission of Ireland to sit on the law interview panel for the award of student and academic fellowships to study in the United States.
Member, Incorporated Council for Law Reporting in Ireland. This is the body that is responsible for the reporting of cases of the Superior Courts of Ireland. I am involved both in the policy decisions of the Council and in the review of decisions of the courts to decide which should be formally reported. Reported cases typically are more widely used in legal argument and cited in course so the decision as to what cases are reported has significant potential influence on development of the law.
Commissioned by Special Rapporteur for Children Geoffrey Shannon to prepare a report on uncommenced sections of the Children and Family Relationships Act 2015 relating to assisted human reproduction.
Awards and Honours
Visiting Fellow, Wadham College Oxford
Elected to Scholarship, Trinity College Dublin
Lucy Gwynn Prize, Trinity College Dublin
Kingsmill Moore Prize
Fulbright Scholarship
Dean's Scholar in Legal and Ethical Issues in Reproductive Technologies
Ussher PhD Fellowship, Trinity College Dublin
Memberships
European Association of Health Law
International Association of Bioethics
Northern/Irish Health Law and Ethics Network
Ethics, Law and Pregnancy in Ireland Network (ELPIN)
Bar of Ireland
Eoin O'Dell
Biography
Eoin O'Dell BCL(NUI), BCL(Oxon), PhD (Cantab), FTCD, Barrister-at-Law. Dr O'Dell lectures Contract, Restitution and Freedom of Expression, researches and publishes primarily in the fields of private and commercial law, and has been President of the Irish Association of Law Teachers and Editor of the Dublin University Law Journal.
Publications and Further Research Outputs
Peer-Reviewed Publications
Eoin O'Dell, Property and Proportionality: Evaluating Ireland's Tobacco Packaging Legislation, Queensland University of Technology Law Review , 17, (3), 2017, p46 - 65
Eoin O'Dell, Compensation for Breach of the General Data Protection Regulation, Dublin University Law Journal, 40, (1), 2017, p97 - 164
Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2015
Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2015
Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2014
Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2013-2015
Eoin O'Dell, Prof Steve Hedley, & Patricia McGovern, Modernising Copyright The Report of the Copyright Review Committee, Dublin, 2013, 1-179
Dublin University Law Journal, 2013, Clarus Press, [eds.], 2013
Eoin O'Dell, Prof Steve Hedley, & Patricia McGovern, Copyright and Innovation A Consultation Pape, Dublin, February, 2012, 1-172
Geoffrey Shannon and Eoin O'Dell, Law and Practice: Essays on Reform, Dublin, Clarus Press, 2009, 1-479pp
Eoin O'Dell, Older people in modern Ireland : essays on law and policy, Dublin, First Law, 2006, 1-598pp
Irish Case Study on Commercial Trusts in, editor(s)Michele Graziadei, Ugo Mattei and Lionel Smith , Commercial Trusts in European Private Law, Cambridge, Cambridge University Press, 2005, pppassim , [O'Dell, Eoin, with N Moloney]
O'Dell, Eoin with Hugh Mohan SC, Paula Mullooly, Sinead McSweeney and Regina Terry , Report of the Legal Advisor Group on Defamation, Government Publications, 2003
Ireland in, Restitution Law Review, 2003, [O'Dell, Eoin]
Contract in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2001, Dublin , Round Hall Sweet & Maxwell, 2002, pp123 - 176, [O'Dell, Eoin]
O'Dell, Eoin, Restitution, rectification and mitigation: negligent solicitors and wills, again, Modern Law Review, 65, (3), 2002
O'Dell, Eoin, The use and abuse of Clayton's case, Dublin University Law Journal, 23, 2001
Ireland in, Restitution Law Review, 2001, [O'Dell, Eoin]
Contract in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2000, Dublin, Round Hall Sweet & Maxwell, 2001, [O'Dell, Eoin]
O'Dell, Eoin, Unjust enrichment and the remedial constructive trust, Dublin University Law Journal, 23, 2001
O'Dell, Eoin, Restitution: Debt and Taxes, Dublin University Law Journal, 23, 2001
Contract Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 1999, Dublin , Round Hall Sweet & Maxwell, 2000, pp123 - 176, [O'Dell, Eoin]
O'Dell, Eoin, (Editor), Leading Cases of the Twentieth Century, Dublin, Round Hall Sweet & Maxwell, 2000
O'Dell, Eoin, Tracing, Dublin University Law Journal, 22, 2000, p131 - 172
Contract Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law, Dublin, Round Hall Sweet & Maxwell, 2000, pp81 - 126, [O'Dell, Eoin]
Incapacity in, editor(s)Birks, P and Rose, F. , Lessons of the Swaps litigation, London, Mansfield Press, 2000, pp113 - 167, [O'Dell, Eoin]
The Case that Fell to Earth, Sinclair v Brougham in, editor(s)O'Dell, Eoin , Leading Cases of the Twentieth Century, Round Hall Sweet & Maxwell, 2000, pp28 - 63, [O'Dell, Eoin, ed]
Contract in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 1999, Dublin, Round Hall Sweet & Maxwell, 2000, [O'Dell, Eoin]
Ireland in, Restitution Law Review, 2000, [O'Dell, Eoin]
Eoin O'Dell, Reflections on a Revolution in Libel, Irish Law Times , 9, 1999, p214 - 218
Ireland in, Restitution Law Review, 1999, [O'Dell, Eoin]
Contract in, editor(s)Binchy, William and Byrne, Raymond with specialist contributors , Annual Review of Irish Law, 1998, Round Hall Sweet & Maxwell, 1999, [O'Dell, Eoin]
Contract Law in, editor(s)Binchy, W and Byrne, R , Annual Review of Irish Law 1998, Round Hall Sweet & Maxwell, 1999, [O'Dell, Eoin]
Bricks and Stones and the Structure of the Law of Restitution in, editor(s)O'Dell, Eoin , Dublin University Law Journal, Dublin, 1998, [O'Dell, Eoin]
Contract Law in, editor(s)Binchy, W and Byrne, R , Annual Review of Irish Law, 1997, Round Hall, 1998, [O'Dell, Eoin]
When two tribes go to war: privacy interests and media speech in, editor(s)McMonagle, M , Law and the Media, Dublin, Round Hall Press, 1997, pp181 - 256, [O'Dell, Eoin]
Contract Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 1996, Dublin, Round Hall Sweet & Maxwell, 1997, [O'Dell, Eoin]
O'Dell, Eoin, Insurance Payments (Mis)Directed, Equitable Maxims (Mis)Used, and Restitution Doctrines missed, Lloyd's Maritime and Commercial Law Quarterly, 1997, p197 - 203
Ireland in, Restitution Law Review, 1997, [O'Dell, Eoin]
O'Dell, Eoin, Restititution and res Judicata in the Irish Supreme Court, Law Quarterly Review, 113, 1997, p245 - 249
O'Dell, Eoin, Restitution, coercion by a third party, and the proper role of notice, Cambridge Law Journal, 56, (1), 1997, p71 - 99
Ireland in, Restitution Law Review, 1995, [O'Dell, Eoin]
Speech in a Cold Climate: The Chilling Effect of the Contempt Jurisdiction in, editor(s)L. Heffernan , Human Rights. A European Perspective, Dublin, Round Hall Press, 1993, pp219 - 228, [O'Dell, Eoin]
O'Dell, Eoin, Estoppel and Ultra Vires Contracts, Dublin University Law Journal, 14, 1992
O'Dell, Eoin, Reform of Occupier's Liability - Part 1, Gazette I.L.S.I., 86, 1992
O'Dell, Eoin, Reform of Occupier's Liability, Gazette I.L.S.I, 86, 1992
The Principle Against Unjust Enrichment, Dublin University Law Journal, 15, 1992
O'Dell, Eoin, a Tragedy in Five Acts: Behind the Scenes in Cotter and McDermott (No. 2), Irish Student Law Review 2, 1992
O'Dell, Eoin, Legal Aspects of the Control of Anti-Competitive Behaviour in Ireland, Irish Student Law Review 2, 1992
O'Dell, Eoin, Danger Invites Rescue. The Tort of Negligence and the rescue Principle, Dublin University Law Journal, 14, 1992
O'Dell, Eoin, Whyte, G.F., Fitzpatrick, Barry and Docksey, Christopher, Welfare, women and unjust enrichment, Industrial Law Journal , 20, (4), 1991, p304 - 320
O'Dell, Eoin, Relfections on a Revolution in Libel - Part 2, Irish Law Times, 9, 1991
O'Dell, Eoin, Relfections on a Revolution in Libel - Part 1, Irish Law Times, 9, 1991
O'Dell, Eoin, Does Defamation Value Free Expression? The Possible Influence of New York v. Sullivan on Irish Law, Dublin University Law Journal (new series), 12, 1990
O'Dell, Eoin, Does Defamation Value Free Expression? The Possible Influence of New York v. Sullivan on Irish Law, Dublin University Law Journal (new series), 12, 1990
Eoin O'Dell, "Does Defamation Value Free Expression? The Possible Influence of New York Times v. Sullivan on Irish Law", Dublin University Law Journal , 12, 1990, p50 - 80
Non-Peer-Reviewed Publications
Eoin O'Dell, Comparative Defamation and Privacy Law - Irish Perspectives, Dublin University Law Journal, 40, (1), 2017, p236 - 49
Eoin O'Dell, 'cearta', cearta.ie, -
Research Expertise
Description
Contract, Restitution, Freedom of Expression, Defamation, Competition Policy, Constitutional Law and Intellectual PropertyRecognition
Representations
Dublin University Law Journal Editor
Dublin University Law Journal Technical Editor
Restitution Law Review, Regional Editor and Contributor for Ireland
Irish Student Law Review Editor
Member of Editorial Board, Irish Student Law Review
Irish Moot Court Committee, Founder, Treater and Author of the 1991 and 2003 Cases
Member of Organising Committee for BILETA annual conference
Member of Organising Committee for ALT / IALT annual Conference
Acting President of IALT
Organiser of Annual IALT Conference: The Academy, The Bench and Law Reform
Organiser of Annual Conference "The Leading Cases of the Twentieth Century"
President IALT
Member of Organising Committee of IALT Annual Conference
Council Member of Society of Legal Scholars
Executive Member of Society of Legal Scholars
Awards and Honours
College Scholarship, University College Cork
Prendergast Scholar, University of Oxford,
Rodney Overend Memorial Trust scholar
Newton Trust Scholarship, University of Cambridge,
Fellow, TCD