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Corporate Law, Governance and Capital Markets

Corporate Law, Governance and Capital Markets

Welcome

The Corporate Law, Governance and Capital Markets Research Group brings together scholars with expertise in the field and with particular research strengths in the area of directors’ duties, comparative corporate law, corporate governance, securities law, takeover law, diversity, board composition, investment fund regulation, investor protection and banking law.

Members contribute to international peer reviewed scholarly publications; organise and participate in national and international conferences, seminars and workshops; make submissions to national and EU consultations; participate in expert working groups and international research networks; act on editorial boards of leading scholarly journals; and contribute to public policy development on the national and international stage. They develop and promote innovative curriculum, teaching methodologies and teaching materials in this field and play a leading role in promoting research at doctoral level in the School. The Group also provides a forum for developing research ideas and projects and encouraging and engaging in collaborative research.


Convenor


Professor Blanaid Clarke, McCann FitzGerald Chair in Corporate Law


Biography

Blanaid holds the McCann FitzGerald Chair in Corporate Law at Trinity College Dublin. Her research interests include: company law; corporate governance; ethics; financial services law; securities law; and takeover law and she has published extensively in these areas. She is on the editorial boards of the Journal of Business Law and Palmer's Company Law and was one of the editors of Legal Studies (2011-2016).

She is the Irish representative on the OECD Corporate Governance Committee and a member of the European Securities and Markets Authority's Takeover Bids Network. She is Deputy Chairman of the Irish Banking Culture Board and works with the Irish Takeover Panel. She is a Vice President of the Academic Board of the European Banking Institute and serves on the Society of Actuaries' Professional Affairs Committee.

She is a member of: the European Model Company Act Group; the University of Oslo's Sustainable Companies project; and the European Corporate Governance Institute. Previously, she was also a member of: the Irish Central Bank Commission (2010-2018); the European Securities and Markets Authority's Securities and Markets Stakeholder Group (2018-2020); the European Commission's Informal Expert Group on Company Law (2014-2018); and the Reflection Group on the Future of EU Company Law (2010-2011).

Publications and Further Research Outputs

Peer-Reviewed Publications

Worker rights under the Cross-border Mergers Directive 2005/56/EC: an Introduction in, Jan Cremers and Sigurt Vitols , Exercising voice across borders: workers' rights under the EU Cross-border Mergers Directive, Belgium , ETUI, 2019, pp29-44 , [B Clarke] Book Chapter, 2019

Ireland in, Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund-Philipp Schuster and Mathias Siems , 'The Private International Law of Companies in Europe, UK , Hart, 2019, pp461-488 , [B. Clarke and D Kenny] Book Chapter, 2019

Unmasking directors and shareholders to prevent the abuse of companies in, editor(s)H. Birkmose, M. Neville and K. Engsig Sørensen , Abuse of companies , The Netherlands, Wolters Kluwer , 2019, pp209-230 , [B Clarke] Book Chapter, 2019

The EU as norm creator for sustainable corporate groups? in, editor(s)B Sjåfjell and C Bruner , Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability, Cambridge, Cambridge University Press, 2019, pp190 - 203, [B Clarke and L Anderson] Book Chapter, 2019

Governance aspects of mutual funds in Ireland in, editor(s)W Birdthistle and J Morley , Research Handbook on the Regulation of Mutual Funds, UK and USA, Elgar, 2018, pp360 - 381, [B Clarke (and M White) ] Book Chapter, 2018

A Transatlantic Perspective on Shareholder Litigation in Public Takeovers in, editor(s)S.Griffith, J.Erickson, D. H. Webber, and V. Winship (eds) , Elgar, 415-438 (November 2018) , Research Handbook On Representative Shareholder Litigation, UK, Elgar, 2018, pp415 - 438, [B Clarke (with D Awrey)] Book Chapter, 2018

Blanaid Clarke, Individual Accountability in Irish Credit Institutions - Lessons to be Learned from the UK's Senior Managers Regime , Common Law World Review , 47, (1), 2018, p35 - 52 Journal Article, 2018 DOI

B Clarke (with S. Griffith and D Awrey),, Resolving the Crisis in U.S. Merger Regulation, Yale Journal on Regulation , 35, (1), 2018, p1 - 65 Journal Article, 2018

B Clarke (with S. Griffith and D Awrey), Resolving the Crisis in U.S. Merger Regulation: A Transatlantic Alternative to the Perpetual Litigation Machine , 2018 Working Paper, 2018

Banking Regulation in, editor(s)W.Roche, P.O'Connell and A.Prothero , Austerity and Recovery in Ireland, Oxford, Oxford University Press, 2017, pp107 - 123, [B. Clarke] Book Chapter, 2017

Ireland in, editor(s)D Busch and C Van Dam , A Bank's Duty of Care, England, Hart/Bloomsbury, 2017, pp285 - 327, [Blanaid Clarke] Book Chapter, 2017

"EU Takeover Regulation as a Means of Safeguarding the Interests of Employees: Re-opening Pandora's Box" chapter in Helmut Siekmann (editor) , in, editor(s)Helmut Siekmann , Festschrift for Theodor Baums zum siebzigsten Geburtstag, Germany, Mohr Siebeck, 2017, pp215 - 235, [Blanaid Clarke] Book Chapter, 2017

National Implementation in the EU: Ireland in, editor(s)G.Moss, B.Wessels and M.Haentjens , EU Banking and Insurance Insolvency (Second Edition), Oxford, Oxford University Press, 2017, pp349 - 363, [Blanaid Clarke] Book Chapter, 2017

The Duties of Parent Companies in, H. Søndergaard Birkmose , Shareholders' Duties in Europe, Netherlands, Kluwer Law International, 2017, pp229 - 254, [B. Clarke ] Book Chapter, 2017

The Role of Employees in the Takeover Bids Directive in, editor(s)Cremers J and Vitols S. , Takeovers with or without worker voice: worker rights under the EU Directive on Takeover Bids, Brussels, ETUI, 2016, pp33 - 49, [Blanaid Clarke] Book Chapter, 2016

B. Clarke, Duty of Care, Skill and Diligence - from Warm Baths to Hot Water, The Irish Jurist, LVI, 2016, p139 - 160 Journal Article, 2016

Blanaid Clarke (and Gail Henderson), Directors as guardians of the Public Interest, Journal of Corporate Law Studies, 16, (1), 2016, p187 - 220 Journal Article, 2016 DOI

"The role of board directors in promoting environmental sustainability" in, editor(s)B.J. Richardson and B. Sjåfjell , Company Law and Sustainability , UK, Cambridge University Press, 2015, pp148 - 174, [Blanaid Clarke] Book Chapter, 2015

Blanaid Clarke, Irish Company Law as a Means of Furthering the Climate Change Agenda, International and Comparative Corporate Law Journal , 11, (3), 2015, p104 - 139 Journal Article, 2015

Blanaid Clarke & Gail Henderson, "Are Public Interest Directors a Good Idea? Lessons from the Irish Banking Crisis" (September 15, 2015). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 11/2015. , 2015 Working Paper, 2015

"Deposit Guarantee Schemes" in, editor(s)M.Haentjens and B.Wessels , Research Handbook on Crisis Management in the Banking Sector, Research Handbooks in Financial Law series. , UK, Edward Elgar Publishing , 2015, pp345 - 365, [Blanaid Clarke] Book Chapter, 2015

Blanaid Clarke, The EU's Shareholder Empowerment Model in the Context of the Sustainable Companies Agenda, European Company Law , 2, 2014, p103- Journal Article, 2014

Takeovers Regulation in, editor(s)Geoffrey Morse (Co-ordinating Editor) , Palmers Company Law , London, Thompson Sweet & Maxwell, 2014, pp12065 - 12125, [B. Clarke] Book Chapter, 2014

Blanaid Clarke (with J. Antunes, T. Baums et al) , "Response to the European Commission's Action Plan on Company Law and Corporate Governance" , European Company and Financial Law Review, 10, 2013, p304 - 327 Journal Article, 2013

Deirdre Ahern and Blanaid Clarke, Listed Companies' Engagement with Diversity: A Multi-Jurisdictional Study of Annual Report Disclosures, 2013 Working Paper, 2013 URL URL

B. Clarke, The Market for Corporate Control: New Insights from the Financial Crisis in Ireland" , Seattle University Law Review , 36, 2013, p63- Journal Article, 2013

Blanaid Clarke, "The Takeovers' Directive - A Meaningful Contribution to Stakeholders Rights in Europe" , International and Comparative Corporate Law Journal, 10, (1), 2013, p80 - 97 Journal Article, 2013

B.Clarke, Irish Company Law Mapping Paper, University of Oslo Faculty of Law Research Paper No. 2012-35. , 2012 Working Paper, 2012

"Ireland: Crisis in the Banking System" in, editor(s)S. Konzelmann and M. Fovargue-Davies , Banking Systems in the Crisis: The Faces of Liberal Capitalism , London, Routledge, 2012, pp107 - 133, [B. Clarke and N. Hardiman ] Book Chapter, 2012

Liability of Asset Managers in Ireland in, editor(s)D. Busch and D. DeMott , Liability of Asset Mangers , Oxford University Press, 2012, pp369 - 409, [B. Clarke and A. Bates ] Book Chapter, 2012

B.Clarke and N.Hardiman, Crisis in the Irish Banking System (February 1, 2012). UCD Geary Institute Discussion Paper Series WP2012/03, UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 02/2012 , 2012 Working Paper, 2012

Where Was The 'Market For Corporate Control' When We Needed It? in, editor(s)W. Sun , Corporate Governance and the Global Financial Crisis: International Perspectives , Cambridge University Press, 2011, [B. Clarke ] Book Chapter, 2011

Corporate Law Scholarship in Ireland in, editor(s)J. Schweppe and T. Mohr , Thirty Years of Legal Scholarship: The Irish Association of Law Teachers , Dublin, Roundhall Press, 2011, [B.Clarke] Book Chapter, 2011

B.Clarke, Reinforcing the Market for Corporate Control, European Business Law Review, 2011, p517- Journal Article, 2011

The EU Takeovers Directive - A Shareholder Or Stakeholder Model?" in, editor(s)P. Zumbansen and C. Williams , The Embedded Firm: Labour, Corporate Governance And Finance Capitalism , Cambridge University Press , 2011, [. B. Clarke ] Book Chapter, 2011

B.Clarke, Lessons Learned - The Corporate Governance Code For Credit Institutions And Insurance Undertakings, Dublin University Law Journal , 33, 2011, p172- Journal Article, 2011

Legal Studies, UK, Wylie, [Co- editor], 2011-2018 Editorial Board, 2011

B.Clarke, "Directors' Duties During an Offer Period - Lessons from the Cadbury PLC Takeover" UCD Law Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No.44/2011 , 2011 Working Paper, 2011

B.Clarke, Reviewing Takeover Regulation in the Wake of the Cadbury Acquisition: Regulation in a Twirl , Journal of Business Law, 2011, p298- Journal Article, 2011

B.Clarke, "Reinforcing the Market for Corporate Control" UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 39/2010, 2010 Working Paper, 2010

B.Clarke and T.Lynn, "The Irish Corporate Governance System" UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 38/2010, 2010 Working Paper, 2010

Corporate Governance" An Oxymoron? - The Role Of Corporate Governance in the Current Banking Crisis in, editor(s)I. Mcneill and J. O'Brien , The Future Of Financial Regulation , Hart Publishing, 2010, [B. Clarke] Book Chapter, 2010

Journal of Business Law , UK, Sweet&Maxwell, [eds.], 2010-2018 Editorial Board, 2010

B.Clarke, Directors' Duties in a Changing World: Lessons from the Cadbury Plc Takeover, European Company Law , 7, 2010, p204- Journal Article, 2010

Corporate Governance in Banks of Ireland in, editor(s)A. Kostyuk, F. Takeda, and K. Hosono , Anti-Crisis Paradigms of Corporate Governance in Banks: A New Institutional Outlook , Kiev, Virtus Interpress, 2010, [T. Lynn, R. Sharma and B. Clarke ] Book Chapter, 2010

The Relationship between Corporate Governance and Takeovers in Ireland in, editor(s)R. Keane and A. O'Neill , Corporate Governance - An Irish Perspective , Dublin, Thomson Roundhall, 2009, pp50 - 66, [B. Clarke] Book Chapter, 2009

B.Clarke, Insider Dealing: Getting Under the Skin of Fyffes Plc v DCC Plc & Others, Journal of Business Law , 2009, p68- Journal Article, 2009

B.Clarke, "Where was the 'Market for Corporate Control' when we Needed it?" UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 23/2009, 2009 Working Paper, 2009

B.Clarke, The Takeovers Directive - Is a Little Regulation Better Than No Regulation?, European Law Journal , 15, (2), 2009, p174- Journal Article, 2009

Corporate Governance Regulation and Board Decision Making During Takeovers in, editor(s)A. Thankom and J. Turner , Corporate Governance and Development , Edward Elgar, 2009, [B. Clarke] Book Chapter, 2009

Inside Information and the Market Abuse Directive in, editor(s)P. Ali and G. Gregoriou , Insider Trading: Regulation and Analysis , London, CRC Press, 2008, [B. Clarke] Book Chapter, 2008

B. Clarke, Contract Cases and Materials , 4th Edition, Gill & Macmillan, 2008 Book, 2008

B.Clarke, Takeover Regulation- Through the Regulatory Looking Glass, German Law Journal , 8, 2007, p381- Journal Article, 2007

B.Clarke, Articles 9 and 11 of the Takeover Directive (2004/25) and the Market for Corporate Control , Journal of Business Law , 2006, p355- Journal Article, 2006

The Market for Corporate Control and the Implications of the Takeover Directive (2004/25) in, P.Ali and G. Gregoriou , International Corporate Governance after Sarbanes-Oxley , New Jersey, John Wiley & Sons, 2006, [B. Clarke] Book Chapter, 2006

B.Clarke, European Takeover Regulation and Directive 2004/25/EC, The Company and Securities Law Journal , 24, 2006, p93- Journal Article, 2006

B.Clarke, Regulating Poison Pill Devices, Journal of Corporate Law Studies , 4, 2004, p51- Journal Article, 2004

Cross Border Mergers in Company Law: Removing the Final Barriers - Ireland in, International Federation of European Law XX Congress, Reports and Conclusions , London, British Institute of International and Comparative Law, 2002, [B. Clarke and G. Fitzgerald] Book Chapter, 2002

Accommodating the Special Needs of the Financial Markets - R v Panel on Takeovers and Mergers; Ex Parte Datafin plc in, editor(s)E. O'Dell , Leading Cases of the Twentieth Century, Roundhall Sweet & Maxwell, 2000, [B. Clarke] Book Chapter, 2000

B.Clarke, European Takeover Regulation - The Latest Draft of the 13th Company Law Directive, European Business Law Review , 10, 1999, p482- Journal Article, 1999

B. Clarke, Takeovers and Mergers Law in Ireland , Round Hall Sweet & Maxwell, 1999 Book, 1999

B.Clarke, The Draft 13th Directive and Employees - an Irish Law Perspective, European Business Law Review , 9, 1998 Journal Article, 1998

B.Clarke, Corporate Responsibility in Light of the Separation of Ownership and Control, Dublin University Law Journal , 19, 1997, p50- Journal Article, 1997

Non-Peer-Reviewed Publications

B.Clarke, The Irish Banking Culture Board, Innovation and other Contemporary Pivotal Issues in Financial Markets Law and Company Law - Selected National, International, European and Comparative Views, Sapienza University of Rome , 13 December 2019, 2019, Dr. Gudula Deipenbrock Invited Talk, 2019

B Clarke, Corporate Governance of Financial Institutions: the Role of Culture, European Banking Institute Annual Conference,, Frankfurt, 22 February 2019, 2019, EBI Invited Talk, 2019

B Clarke, Good Information Driving Good Decision Making - Board Engagement and Information Asymmetry, Supporting the Agenda for Good Governance of State Boards, Dublin, 16 May 2019, 2019, Public Affairs Ireland Invited Talk, 2019

B Clarke, Organisational Culture and the Role of Lawyers, Summer ELSA Law School, Trinity College Dublin , 24 July 2019, 2019 Invited Talk, 2019

B Clarke, Organisational Culture: What Happens When No One is Looking?, TCD Law School's Lecture Series, TCD, 20 March 2019, 2019 Invited Talk, 2019

B.Clarke, The Role of law in fostering individual accountability within banks , Toward an integrated enforcement of banking regulation: the case of the Single Supervisory Mechanism, University of Luxembourg, 29 November 2018, 2018 Invited Talk, 2018

B.Clarke, Insights into Changing Bank Culture and Behaviour , Contemporary Issues in Financial Markets Law and Company Law - Legal Challenges of Digitalisation - Fintech, Insurtech and other Developments, Berlin, 16 November 2018, 2018 Invited Talk, 2018

B Clarke, "Regulation of Takeovers in Ireland and the UK" , Oceans Apart: Corporate and Securities Litigation and Regulation in Comparative Perspective conference,, MCCann FitzGerald, Dublin, 26 April 2018, 2018, Trinity College Dublin, Oxford University and Fordham University Invited Talk, 2018

B.Clarke, Board Culture and Behaviour , Culture, Diversity and the Way Forward for Corporate Governance in Ireland , Trinity College Dublin, 25 October 2018, 2018, Central Bank and Trinity Law School Invited Talk, 2018

B Clarke, "Brexit, financial services and contract continuity" , TRiSS - IIEA 'Bitesize' workshop series, Aspects of Brexit, TCD, 20 September 2018, 2018, TRiSS - IIEA Invited Talk, 2018

B Clarke, "Individual Accountability for Regulatory Breaches: the Irish Experience", Regulation of the Banking Sector: Challenges and Emerging Issues conference, University of Bristol , 11 May 2018, 2018 Invited Talk, 2018

Blanaid Clarke, Holding Individuals Responsible for Regulatory Breaches in Banks", Contemporary Issues in Financial Markets Law and Company Law - National, International, European and Comparative Perspectives Conference , Institute of Advanced Legal Studies, London, 15 December 2017, 2017 Oral Presentation, 2017

B Clarke, Public Interest Directors and Corporate Governance Reform in the UK, Centre for Law Markets and Regulation , University of New South Wales, Sydney, 14 November 2017, 2017, Law School, UNSW Invited Talk, 2017

Blanaid Clarke, Shareholders Rights Directive II (2017/828/EC) amending Directive 2007/36/EC as regards the encouragement of long-term engagement, Regulatory Update, McCann FitzGerald Solicitors, Dublin, 28 June 2017, 2017, McCann FitzGerald Solicitors Invited Talk, 2017

Blanaid Clarke, Early Intervention Measures under CRD IV, the SSM and SRM regulations (conditions for the application of both) and the early intervention phase under the SRM regulation , Reflections on Competent authorities' Measures in EU Banking Law ( organised by Malta Financial Services Authority and European Banking Institute), Malta, 9 June 2017, 2017 Oral Presentation, 2017

B Clarke, The Meaning of "Impact" and "Engagement", ERC Research Impact Day, Queensland University of Technology, Brisbane, 6 November 2017, 2017, Accounting for Social Change Research Group, QUT Invited Talk, 2017

Blanaid Clarke, Autonomy and Accountability - performance, rules and trust , The Road to Better Governance in Organisations: Principles, Rules or Values , Dublin, 16 March 2017, 2017, Institute of Public Administration Invited Talk, 2017

Blanaid Clarke, Public Interest Directors - Update, Vanderbilt-Ghent Symposium on Corporate Law and Financial Regulation , University of Ghent, 23 May 2017, 2017 Oral Presentation, 2017

Blanaid Clarke, The Takeovers Directive: An Overview, The Takeovers Directive: Ten years On, Trinity Long Room Hub, 22 April 2016, 2016 Oral Presentation, 2016

Blanaid Clarke, "Implications of Brexit on the Financial Services Sector" , The legal implications of a potential Brexit , Dublin, 5 May 2016, 2016, Irish Centre for European Law and IBEC Invited Talk, 2016

Blanaid Clarke, "Company Formation" , European Model Companies Act Conference, Vienna , 10/11 September 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "Datafin Revisited: Judicial Review During a Takeover Bid", Centre for European Legal Studies and the Centre for Corporate and Commercial Law Seminar Series,, University of Cambridge , 4 November 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "The Duty of Parent Companies" , 11th Nordic Company Law Conference on Shareholders' Duties , University of Aarhus, Denmark , 10 November 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "The Role of Culture in Good Corporate Governance" , CUCC Annual Conference; Compliance Through Communication, , Trinity College Dublin , 18 August 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "Judicial Review" , Conference of International Takeover Regulators, London, 22 May , 2014 Invited Talk, 2014

Blanaid Clarke, "Board Directors: What can we expect of them?" , ERC Lessons in the Management of 'People Risk' Seminar Series, Dublin, 26 March, 2014 Invited Talk, 2014

Blanaid Clarke, Jose Antunes et al,, Response to the European Commission's Action Plan on Company Law and Corporate Governance , 2014 Working Paper, 2014 URL

Blanaid Clarke, "Shareholders as Guardians of Long Term Growth - Is EU Faith Misguided?" , . Presentation to Corporate and Securities Panel "Improving Approaches and Substance", 2014 Massey Prize Symposium, , University of Texas , 26 September , 2014, University of Texas Invited Talk, 2014

Blanaid Clarke, "The Role of Diversity in Good Governance" , Assistant Secretary Network Annual Conference, Farmleigh, Dublin , 4 May , 2014, Department of Public Expenditure and Reform Invited Talk, 2014

Blanaid Clarke, "The Role of Audit Committees in Good Governance of Central Banks" , High Level Forum on Central Bank Governance- Audit Oversight and Assurance Mechanisms , Dubai, UAE, 9 December , 2014, Hawkamah and the IMF Invited Talk, 2014

Blanaid Clarke, "Corporate Governance under the Capital Requirements Directive and Regulation" , McCann FitzGerald Presentation , Dublin, 8 May , 2014 Invited Talk, 2014

Blanaid Clarke, "Gender Diversity on European Company Boards' , ERA Annual Conference on European Company Law,, Triers, Germany, 26 September 2013, 2013 Oral Presentation, 2013

Blanaid Clarke, "The Takeover Directive - from a stakeholder rights perspective" , GOODCORP meeting organised by the European Trade Union Institute, Brussels and the University of Oslo , Brussels, (17 September 2013), 2013 Invited Talk, 2013

Blanaid Clarke (with D. Ahern) , Can a 'Comply or Explain' Approach Inspire an Effective Commitment to Board Diversity? , the 12th European Corporate Governance and Company Law Conference, Dublin , 16 May 2013, 2013 Conference Paper, 2013

B.Clarke, Regulating risk management at listed companies: panacea or bitter pill?, ERA Annual Conference on European Company Law 2012, Trier, 27 September 2012, 2012 Oral Presentation, 2012

B.Clarke, The Takeovers Directive Report 2012, Post-crisis Trajectories of European Corporate Governance: Dealing with the Present and Shaping the Future, University of Leeds , 21 September 2012, 2012 Oral Presentation, 2012

B. Clarke (with J. Antunes, T. Baums et al), Report of the Reflection Group on the Future of EU Company Law , Available at SSRN: http://ssrn.com/abstract=1851654, European Commission Internal Market and Services, April, 2011 Report, 2011

Palmer's Company Law, Sweet & Maxwell, [eds.], 2009-2018 Editorial Board, 2009

Research Expertise

Description

Blanaid's research interests include company law, corporate governance, financial services law, securities law and takeover law.

Keywords

Banking Law; Business/Corporate Law; Capital Markets Law; Company Law; Contracts; Corporate Governance; Financial Services Regulation; Takeover Regulation

News and Events


Trying corporations – why not prosecute?

Professor Blanaid Clarke, McCann FitzGerald Chair in Corporate Law is appointed to the Irish Banking Culture Board
On 15 April 2019, the Irish Banking Culture (IBCB) appointed Professor Blanaid Clarke, McCann FitzGerald Chair in Corporate Law to its Board. Today the Irish Banking Culture Board (IBCB) was officially launched following an in-depth public and stakeholder consultation and a separate bank employee culture survey, which were undertaken to inform the IBCB’s establishment.

Conference: Addressing the Global Challenge of Responsive FinTech Regulation, Friday, 8 March 2019

Call for Papers - Addressing the Global Challenge of Responsive FinTech Regulation, Friday 8 March 2019, Trinity College Dublin, Ireland. Further information available here.

Guest Seminar: Professor David Kinley from the University of Sydney School of Law. Professor Kinley will be speaking about his recent book on human rights law and corporate finance - ‘Necessary Evil’ – OUP, 2018. Friday, 20 July 2018 at 1 pm

Inaugural Lecture in the Distinguished Visitor Public Lecture Series “Corporate Governance of Risk-Taking in Systemically Important Financial Firms” by Professor Steven L. Schwarcz, Duke University School of Law on Tuesday, 20 March 2018

Guest Seminar: "Criminalising Failure: Towards a New Model of Corporate Criminal Liability", Monday, 22 January 2018 by Professor Liz Campbell from Durham University on Monday 22rd January 2018 at 1pm.

Academic Members


Deirdre Ahern


Biography

Professor Deirdre Ahern is an Associate Professor in Trinity College Dublin's Law School where she is the Director of Teaching and Learning (Postgraduate). Convenor of the Technologies, Law and Society Research Group and a member of the School's Corporate Law, Governance and Capital Markets Research Group, her primary research areas are corporate law, comparative corporate law, corporate governance and commercial law as well as the emerging areas of FinTech regulation and AI. Professor Ahern is an appointed member of the European Commission's Informal Company Law Expert Group for 2020-2024.

Professor Ahern's research agenda engages with the societal and legal expectations of companies and their directors including the ethical challenges presented by globalisation. She has written extensively nationally and internationally on the theoretical framework surrounding the duties of company directors. She has a track record of publishing cutting-edge transformative work in high impact, top tier national and international journals which is well cited in academic, policy, judicial and legal practice contexts. Based on a sustained research track of field-shaping work she has developed an international reputation as an expert on the law and policy relating to the duties of company directors and has broken new ground in how the discipline of corporate law and corporate governance is thought about. Her book, Directors' Duties; law and Practice (Thomson Roundhall, 2009) was shortlisted for the Kevin Boyle Prize. Professor Ahern was elected to Fellowship of Trinity College in 2012 on the basis of her contribution to scholarship and from 2016-2020 served as an elected member of the Board (governing authority) of Trinity College.

A founding Director of the Irish Corporate Law Forum, Professor Ahern previously worked as a commercial solicitor with A&L Goodbody and KPMG and both as a researcher and principal officer with the Law Reform Commission. Professor Ahern is co-editor of the Irish Business Law Review and sits on the editorial boards of The Company Lawyer and the Journal of Business Law. She is a contributing editor to Gore-Browne on Companies. Deirdre has served as Secretary and President of the Irish Association of Law Teachers and as President of Trinity Women Graduates.

Professor Ahern welcomes expressions of interest in PhD supervision and post-doctoral research in the areas of company law, directors' duties, FinTech, sustainable corporate governance and regulation of artificial intelligence.

Access to publications: https://www.researchgate.net/profile/Deirdre_Ahern

Publications and Further Research Outputs

Peer-Reviewed Publications

Directors' Duty of Care and Harnessing the Potential for AI to Enhance Boardroom Dynamics in, editor(s)Philip Morgan and Ernest Lim , The Cambridge Handbook of Private Law and Artificial Intelligence, Cambridge, Cambridge University Press, 2021, [Ahern, Deirdre] Book Chapter, 2021

Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2020, [Ahern, Deirdre] Book Chapter, 2020

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 Oral Presentation, 2020

Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2020, [Ahern, Deirdre] Book Chapter, 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 Oral Presentation, 2020

Ahern, Deirdre, Regulators Nurturing FinTech: Global Evolution of the Regulatory Sandbox as Opportunity-based Regulation, 2020 Working Paper, 2020 URL

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 Journal Article, 2019 TARA - Full Text

"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] Book Chapter, 2019 TARA - Full Text

Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2019, [Ahern, Deirdre] Book Chapter, 2019

Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, 2019, [Ahern, Deirdre] Book Chapter, 2019

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 Oral Presentation, 2019

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 Oral Presentation, 2019

Ahern, Deirdre (in conjunction with European Banking Institute), Addressing the Global Challenge of Responsive FinTech RegulationFinTech, 8 March 2019, 2019, Trinity College Dublin Meetings /Conferences Organised, 2019

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 Oral Presentation, 2018

Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2018, [Ahern, Deirdre] Book Chapter, 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 Working Paper, 2018 TARA - Full Text

Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2018, [Ahern, Deirdre] Book Chapter, 2018

Irish Business Law Review, Dublin, Clarus Press, [eds.], 2018-2018 Editorial Board, 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" Working Paper No.32 Stanford-Vienna EU Law Working Paper Series.32 , 2018 Working Paper, 2018 TARA - Full Text URL

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 Journal Article, 2018

Deirdre Ahern, Regulatory Arbitrage in a FinTech World: Devising an Optimal EU Regulatory Response to Crowdlending, Journal of Business Law, (3), 2018, p193 - 214 Journal Article, 2018 TARA - Full Text

Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2017, [Ahern, Deirdre] Book Chapter, 2017

Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2017, [Ahern, Deirdre] Book Chapter, 2017

Irish Business Law Review, Dublin, Clarus Press, [eds.], 2017-2017 Editorial Board, 2017

Management of a Company in, editor(s)Alisatair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2016, [Ahern, Deirdre] Book Chapter, 2016

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 Journal Article, 2016 URL

Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2016, [Ahern, Deirdre] Book Chapter, 2016

Irish Business Law Review, Dublin, Clarus Press, [eds.], 2016-2016 Editorial Board, 2016

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] Book Chapter, 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 Journal Article, 2016 TARA - Full Text

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 Oral Presentation, 2016

Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, LexisNexis UK, 2015, [Ahern, Deirdre] Book Chapter, 2015

Irish Business Law Review, Ireland, Clarus Press, [eds.], 2015-2015 Editorial Board, 2015 URL

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 Oral Presentation, 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] Book Chapter, 2015

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 Meetings /Conferences Organised, 2014

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 Meetings /Conferences Organised, 2014

Deirdre Ahern, "Codification of Company Law: Taking Stock of the Companies Act 2006", Statute Law Review, 35, (1), 2014, p1 - 14 Journal Article, 2014 TARA - Full Text

Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2014, [Ahern, Deirdre] Book Chapter, 2014

Directors - Appointment, Removal and Vacation in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2014, [Ahern, Deirdre] Book Chapter, 2014

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] Book Chapter, 2013

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 Oral Presentation, 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 Meetings /Conferences Organised, 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 Report, 2013 TARA - Full Text

C. Gerner-Beurele, P. Paech and E. Schuster, Study on Directors' Duties and Liability, 2013 Report, 2013

Directors - Appointment, Removal and Vacation of Office in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2013, [Deirdre Ahern] Book Chapter, 2013

Deirdre Ahern and Blanaid Clarke, Listed Companies' Engagement with Diversity: A Multi-Jurisdictional Study of Annual Report Disclosures, 2013 Working Paper, 2013 URL URL

Management of a Company in, editor(s)Alistair Alcock , Gore-Browne on Companies, Bristol, Jordans, 2013, [Deirdre Ahern] Book Chapter, 2013

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 Meetings /Conferences Organised, 2012

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 Journal Article, 2012

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] Book Chapter, 2012

Deirdre Ahern, Directors' Duties, Dry Ink and the Accessibility Agenda , Law Quarterly Review, 128, 2012, p114 - 139 Journal Article, 2012

The Company Lawyer, Sweet and Maxwell, [eds.], 2011-2014 Editorial Board, 2011

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 Meeting Abstract, 2011

Deirdre Ahern and Karen Maher, The Continuing Evolution of Proxy Representation, Journal of Business Law, 2, 2011, p125 - 143 Journal Article, 2011 TARA - Full Text

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 Journal Article, 2011 TARA - Full Text

Journal of Business Law, United Kingdom, Sweet and Maxwell, [eds.], 2011-2020 Editorial Board, 2011

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 Conference Paper, 2011

Deirdre Ahern, Directors' Duties: Broadening the Focus Beyond Content to Examine the Accountability Spectrum, Dublin University Law Journal, 33, 2011, p116 - 152 Journal Article, 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 Meetings /Conferences Organised, 2011

Deirdre Ahern, Nominee Directors' Duty to Promote the Success of the Company: Commercial Pragmatism and Legal Orthodoxy , Law Quarterly Review, 127, 2011, p118 - 146 Journal Article, 2011

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 Meeting Abstract, 2010

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 Conference Paper, 2010

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 Conference Paper, 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 Journal Article, 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 Meetings /Conferences Organised, 2010

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 Journal Article, 2010

Deirdre Ahern, Irish Legislative Proposals for Clarification of Nominee Directors' Best Interests Duty , The Company Lawyer, 31, 2010, p291 - 297 Journal Article, 2010

Deirdre Ahern, Directors' Duties: Law and Practice, Dublin, Round Hall, 2009, 1-700pp Book, 2009

Deirdre Ahern, The Formation of Insurance Contracts and the Duty of Insurers, Commercial Law Practitioner, 16, (4), 2009, p84 - 87 Journal Article, 2009

Deirdre Ahern, The Responsible Director in an Economic Downturn: Lessons from the Restriction Regime, Dublin University Law Journal, 31, 2009, p183 - 205 Journal Article, 2009 TARA - Full Text

Deirdre Ahern, "Hemat v The Medical Council: the Wouters Legacy Revisited", European Competition Law Review, 6, 2007, p366 - 370 Journal Article, 2007

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 Journal Article, 2007 TARA - Full Text

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] Book Chapter, 2006

Ahern, Directors' Compliance Statements under the Microscope, Commercial Law Practitioner, 13, 2006, p137 - 145 Journal Article, 2006

Law Reform Commission, Report on Vulnerable Adults and the Law (LRC 83-2006), Ireland, 2006 Report, 2006

Ahern, Kenny v Ireland ROC Ltd: Commercial Agents - Not Negotiable?, Dublin University Law Journal, 28, 2006, p296 - 316 Journal Article, 2006

Ahern, Deirdre, Corporate Killing in Ireland - A new Paradigm, Irish Law Times, 22, 2005, p235 - 240 Journal Article, 2005

Ahern, Deirdre, The Rule Against Shareholders' Recovery of Reflective Loss, Commercial Law Practitioner, 12, 2005, p163 - 168 Journal Article, 2005

Ahern, The Domain Game - introducing 'dot eu', Commercial Law Practitioner, 11, 2004, p275 - 279 Journal Article, 2004

Ahern, D, Unlimited Corporate Capacity - Plotting the slow demise of ultra vires, Commercial Law Practitioner, 11, 2004, p27 - 30 Journal Article, 2004

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 Oral Presentation, 2004

Ahern, Corporate Killing: The Way Forward, Irish Criminal Law Journal, 13, (3), 2003, p10 - 14 Journal Article, 2003

Law Reform Commission, Consultation Paper on Corporate Killing, Dublin, 2003 Report, 2003

Law Reform Commission , Consultation Paper on Vulnerable Adults and the Law: Capacity, Dublin, 2003 Report, 2003

Law Reform Commission, Seminar Paper on Law and the Elderly, 2003 Working Paper, 2003

Non-Peer-Reviewed Publications

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 Invited Talk, 2020

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 2020, 2020, Faculty of Law, University of Zaragoza Invited Talk, 2020

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 Invited Talk, 2020

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 Invited Talk, 2019

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 Invited Talk, 2019

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 Invited Talk, 2019

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 Invited Talk, 2019

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 Oral Presentation, 2019

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 Invited Talk, 2018

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 Invited Talk, 2018

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 Invited Talk, 2018

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 Invited Talk, 2018

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 Invited Talk, 2018

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 Invited Talk, 2017 URL

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 Invited Talk, 2017

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 Invited Talk, 2016

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 Meeting Abstract, 2016

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 Conference Paper, 2015 URL

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 Oral Presentation, 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 Meetings /Conferences Organised, 2015

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 Oral Presentation, 2014

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 Conference Paper, 2014

Ahern, Deirdre, Internet Governance and Regulation, Law Society E-Commerce Diploma , Law Society of Ireland, 1 June 2014, 2014, Law Society of Ireland Invited Talk, 2014

Ahern, Deirdre, Subordinating Directeorial Ambition: Social Cohesion and the Absolutist Approach to Corporate Opportunities , Law School Research Workshop, 13 November 2014, 2014 Oral Presentation, 2014

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 Invited Talk, 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 Invited Talk, 2014

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 Invited Talk, 2014

Deirdre Ahern, The Commercial Court, Review of The Commercial Court, by Stephen Dowling , The Irish Jurist, 51, 2014, p211-212 Review, 2014

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 Invited Talk, 2013

Ahern, Deirdre, Loyalty (Respondent), Loyalty, Trinity College Dublin, 11 November 2013, 2013, Private Law Discussion Group Invited Talk, 2013

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 Invited Talk, 2013

Ahern, Deirdre, Codification of Company Law, Statute Law and Alternative Solutions, Codification, Restatement, Common Law, Houses of Parliament, Westminster, 14 November 2013, 2013 Invited Talk, 2013

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 Meetings /Conferences Organised, 2013

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 Invited Talk, 2013

Ahern, Deirdre, Keynote address: The Impact of the Commercial Agents Directive, Key Issues in Business Law, University of Zaragoza, Spain, 19 April 2012, 2012 Invited Talk, 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 Oral Presentation, 2012

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 Meetings /Conferences Organised, 2012

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 Oral Presentation, 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 Review, 2012

Ahern, Deirdre (as Director of the Irish Corporate Law Forum), Corporate Compliance and Enforcemnt, 5 December 2012, 2012, Shelborne Hotel, Dublin Meetings /Conferences Organised, 2012

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 Oral Presentation, 2011

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 Invited Talk, 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 Invited Talk, 2011

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 Invited Talk, 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 Meetings /Conferences Organised, 2011

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 Meetings /Conferences Organised, 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 Oral Presentation, 2011

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 Oral Presentation, 2010

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 Invited Talk, 2010

Ahern, Deirdre, The Consumer Protection Act 2007: Implications for Legal Practice, 4 December 2007, 2007, Trinity College Dublin Meetings /Conferences Organised, 2007

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 Oral Presentation, 2007

Ahern, Beware the Irish Commercial Agent, New Law Journal, 56, 2006, p620 - 620 Journal Article, 2006

Deirdre Ahern and Ailbhe O'Neill, Recent Developments in Regulation and Compliance, 6 May 2006, 2006, Trinity College Dublin Meetings /Conferences Organised, 2006

Ahern, Deirdre, Directors' Compliance Statements - An Update, Recent Developments in Regulation and Compliane, Trinity College Dublin, 6 May 2006, 2006 Oral Presentation, 2006

Ahern, Deirdre, "Legal Capacity and Vulnerable Adults" , Vulnerable Adults and the Law workshop , Ballymun Community Centre, 28 July 2005, 2005 Oral Presentation, 2005

Ahern, Deirdre, (Panellist) Elder Abuse, National Conference on Elder Abuse - Reach Out, Dublin, 25 November 2004, 2004 Invited Talk, 2004

Research Expertise

Projects

  • 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
    • 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

Keywords

BOARDS OF DIRECTORS; Business/Corporate Law; Comparative Company Law; Corporate Governance; FinTech Regulation; GENDER QUOTAS ON BOARDS

Recognition

Representations

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 2015 -

Secretary of the Irish Association of Law Teachers

Director of the Irish Corporate Law Forum http://www.iclf.ie/ 2010 to date

President of the Irish Association of Law Teachers 2011-2012

Member of the Steering Committee of the Trinity Consortium on Ageing 2007 to date

Member of the Quality Committeee, TCD From 2009

Member of the Law Society Business Law Committee 2006 to 2009

Member of the Law Reform Commission's Working Group on Vulnerable Adults and the Law 2005 to 2006

Member of the Research Ethics Committee of the Royal College of Physicians of Ireland's Faculty of Public Health Medicine 2006 to 2007

Awards and Honours

Fellow, Trinity College Dublin 2012

Directors' Duties: Law and Practice shortlisted for Kevin Boyle Prize for Outstanding Legal Scholarship 2011

Visiting Scholar, Duke University 2013

Herbert Smith Visitng Fellow, Faculty of Law, Cambridge University 2016

Highly Commended, Provost's Teaching Awards 2016

Memberships

Member of the Law Society of Ireland

Member of the Society of Legal Scholars 2006 to date

Member of the European Corporate Governance Institute

Blanaid Clarke, McCann FitzGerald Chair in Corporate Law, Convenor


Biography

Blanaid holds the McCann FitzGerald Chair in Corporate Law at Trinity College Dublin. Her research interests include: company law; corporate governance; ethics; financial services law; securities law; and takeover law and she has published extensively in these areas. She is on the editorial boards of the Journal of Business Law and Palmer's Company Law and was one of the editors of Legal Studies (2011-2016).

She is the Irish representative on the OECD Corporate Governance Committee and a member of the European Securities and Markets Authority's Takeover Bids Network. She is Deputy Chairman of the Irish Banking Culture Board and works with the Irish Takeover Panel. She is a Vice President of the Academic Board of the European Banking Institute and serves on the Society of Actuaries' Professional Affairs Committee.

She is a member of: the European Model Company Act Group; the University of Oslo's Sustainable Companies project; and the European Corporate Governance Institute. Previously, she was also a member of: the Irish Central Bank Commission (2010-2018); the European Securities and Markets Authority's Securities and Markets Stakeholder Group (2018-2020); the European Commission's Informal Expert Group on Company Law (2014-2018); and the Reflection Group on the Future of EU Company Law (2010-2011).

Publications and Further Research Outputs

Peer-Reviewed Publications

Worker rights under the Cross-border Mergers Directive 2005/56/EC: an Introduction in, Jan Cremers and Sigurt Vitols , Exercising voice across borders: workers' rights under the EU Cross-border Mergers Directive, Belgium , ETUI, 2019, pp29-44 , [B Clarke] Book Chapter, 2019

Ireland in, Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund-Philipp Schuster and Mathias Siems , 'The Private International Law of Companies in Europe, UK , Hart, 2019, pp461-488 , [B. Clarke and D Kenny] Book Chapter, 2019

Unmasking directors and shareholders to prevent the abuse of companies in, editor(s)H. Birkmose, M. Neville and K. Engsig Sørensen , Abuse of companies , The Netherlands, Wolters Kluwer , 2019, pp209-230 , [B Clarke] Book Chapter, 2019

The EU as norm creator for sustainable corporate groups? in, editor(s)B Sjåfjell and C Bruner , Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability, Cambridge, Cambridge University Press, 2019, pp190 - 203, [B Clarke and L Anderson] Book Chapter, 2019

Governance aspects of mutual funds in Ireland in, editor(s)W Birdthistle and J Morley , Research Handbook on the Regulation of Mutual Funds, UK and USA, Elgar, 2018, pp360 - 381, [B Clarke (and M White) ] Book Chapter, 2018

A Transatlantic Perspective on Shareholder Litigation in Public Takeovers in, editor(s)S.Griffith, J.Erickson, D. H. Webber, and V. Winship (eds) , Elgar, 415-438 (November 2018) , Research Handbook On Representative Shareholder Litigation, UK, Elgar, 2018, pp415 - 438, [B Clarke (with D Awrey)] Book Chapter, 2018

Blanaid Clarke, Individual Accountability in Irish Credit Institutions - Lessons to be Learned from the UK's Senior Managers Regime , Common Law World Review , 47, (1), 2018, p35 - 52 Journal Article, 2018 DOI

B Clarke (with S. Griffith and D Awrey),, Resolving the Crisis in U.S. Merger Regulation, Yale Journal on Regulation , 35, (1), 2018, p1 - 65 Journal Article, 2018

B Clarke (with S. Griffith and D Awrey), Resolving the Crisis in U.S. Merger Regulation: A Transatlantic Alternative to the Perpetual Litigation Machine , 2018 Working Paper, 2018

Banking Regulation in, editor(s)W.Roche, P.O'Connell and A.Prothero , Austerity and Recovery in Ireland, Oxford, Oxford University Press, 2017, pp107 - 123, [B. Clarke] Book Chapter, 2017

Ireland in, editor(s)D Busch and C Van Dam , A Bank's Duty of Care, England, Hart/Bloomsbury, 2017, pp285 - 327, [Blanaid Clarke] Book Chapter, 2017

"EU Takeover Regulation as a Means of Safeguarding the Interests of Employees: Re-opening Pandora's Box" chapter in Helmut Siekmann (editor) , in, editor(s)Helmut Siekmann , Festschrift for Theodor Baums zum siebzigsten Geburtstag, Germany, Mohr Siebeck, 2017, pp215 - 235, [Blanaid Clarke] Book Chapter, 2017

National Implementation in the EU: Ireland in, editor(s)G.Moss, B.Wessels and M.Haentjens , EU Banking and Insurance Insolvency (Second Edition), Oxford, Oxford University Press, 2017, pp349 - 363, [Blanaid Clarke] Book Chapter, 2017

The Duties of Parent Companies in, H. Søndergaard Birkmose , Shareholders' Duties in Europe, Netherlands, Kluwer Law International, 2017, pp229 - 254, [B. Clarke ] Book Chapter, 2017

The Role of Employees in the Takeover Bids Directive in, editor(s)Cremers J and Vitols S. , Takeovers with or without worker voice: worker rights under the EU Directive on Takeover Bids, Brussels, ETUI, 2016, pp33 - 49, [Blanaid Clarke] Book Chapter, 2016

B. Clarke, Duty of Care, Skill and Diligence - from Warm Baths to Hot Water, The Irish Jurist, LVI, 2016, p139 - 160 Journal Article, 2016

Blanaid Clarke (and Gail Henderson), Directors as guardians of the Public Interest, Journal of Corporate Law Studies, 16, (1), 2016, p187 - 220 Journal Article, 2016 DOI

"The role of board directors in promoting environmental sustainability" in, editor(s)B.J. Richardson and B. Sjåfjell , Company Law and Sustainability , UK, Cambridge University Press, 2015, pp148 - 174, [Blanaid Clarke] Book Chapter, 2015

Blanaid Clarke, Irish Company Law as a Means of Furthering the Climate Change Agenda, International and Comparative Corporate Law Journal , 11, (3), 2015, p104 - 139 Journal Article, 2015

Blanaid Clarke & Gail Henderson, "Are Public Interest Directors a Good Idea? Lessons from the Irish Banking Crisis" (September 15, 2015). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 11/2015. , 2015 Working Paper, 2015

"Deposit Guarantee Schemes" in, editor(s)M.Haentjens and B.Wessels , Research Handbook on Crisis Management in the Banking Sector, Research Handbooks in Financial Law series. , UK, Edward Elgar Publishing , 2015, pp345 - 365, [Blanaid Clarke] Book Chapter, 2015

Blanaid Clarke, The EU's Shareholder Empowerment Model in the Context of the Sustainable Companies Agenda, European Company Law , 2, 2014, p103- Journal Article, 2014

Takeovers Regulation in, editor(s)Geoffrey Morse (Co-ordinating Editor) , Palmers Company Law , London, Thompson Sweet & Maxwell, 2014, pp12065 - 12125, [B. Clarke] Book Chapter, 2014

Blanaid Clarke (with J. Antunes, T. Baums et al) , "Response to the European Commission's Action Plan on Company Law and Corporate Governance" , European Company and Financial Law Review, 10, 2013, p304 - 327 Journal Article, 2013

Deirdre Ahern and Blanaid Clarke, Listed Companies' Engagement with Diversity: A Multi-Jurisdictional Study of Annual Report Disclosures, 2013 Working Paper, 2013 URL URL

B. Clarke, The Market for Corporate Control: New Insights from the Financial Crisis in Ireland" , Seattle University Law Review , 36, 2013, p63- Journal Article, 2013

Blanaid Clarke, "The Takeovers' Directive - A Meaningful Contribution to Stakeholders Rights in Europe" , International and Comparative Corporate Law Journal, 10, (1), 2013, p80 - 97 Journal Article, 2013

B.Clarke, Irish Company Law Mapping Paper, University of Oslo Faculty of Law Research Paper No. 2012-35. , 2012 Working Paper, 2012

"Ireland: Crisis in the Banking System" in, editor(s)S. Konzelmann and M. Fovargue-Davies , Banking Systems in the Crisis: The Faces of Liberal Capitalism , London, Routledge, 2012, pp107 - 133, [B. Clarke and N. Hardiman ] Book Chapter, 2012

Liability of Asset Managers in Ireland in, editor(s)D. Busch and D. DeMott , Liability of Asset Mangers , Oxford University Press, 2012, pp369 - 409, [B. Clarke and A. Bates ] Book Chapter, 2012

B.Clarke and N.Hardiman, Crisis in the Irish Banking System (February 1, 2012). UCD Geary Institute Discussion Paper Series WP2012/03, UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 02/2012 , 2012 Working Paper, 2012

Where Was The 'Market For Corporate Control' When We Needed It? in, editor(s)W. Sun , Corporate Governance and the Global Financial Crisis: International Perspectives , Cambridge University Press, 2011, [B. Clarke ] Book Chapter, 2011

Corporate Law Scholarship in Ireland in, editor(s)J. Schweppe and T. Mohr , Thirty Years of Legal Scholarship: The Irish Association of Law Teachers , Dublin, Roundhall Press, 2011, [B.Clarke] Book Chapter, 2011

B.Clarke, Reinforcing the Market for Corporate Control, European Business Law Review, 2011, p517- Journal Article, 2011

The EU Takeovers Directive - A Shareholder Or Stakeholder Model?" in, editor(s)P. Zumbansen and C. Williams , The Embedded Firm: Labour, Corporate Governance And Finance Capitalism , Cambridge University Press , 2011, [. B. Clarke ] Book Chapter, 2011

B.Clarke, Lessons Learned - The Corporate Governance Code For Credit Institutions And Insurance Undertakings, Dublin University Law Journal , 33, 2011, p172- Journal Article, 2011

Legal Studies, UK, Wylie, [Co- editor], 2011-2018 Editorial Board, 2011

B.Clarke, "Directors' Duties During an Offer Period - Lessons from the Cadbury PLC Takeover" UCD Law Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No.44/2011 , 2011 Working Paper, 2011

B.Clarke, Reviewing Takeover Regulation in the Wake of the Cadbury Acquisition: Regulation in a Twirl , Journal of Business Law, 2011, p298- Journal Article, 2011

B.Clarke, "Reinforcing the Market for Corporate Control" UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 39/2010, 2010 Working Paper, 2010

B.Clarke and T.Lynn, "The Irish Corporate Governance System" UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 38/2010, 2010 Working Paper, 2010

Corporate Governance" An Oxymoron? - The Role Of Corporate Governance in the Current Banking Crisis in, editor(s)I. Mcneill and J. O'Brien , The Future Of Financial Regulation , Hart Publishing, 2010, [B. Clarke] Book Chapter, 2010

Journal of Business Law , UK, Sweet&Maxwell, [eds.], 2010-2018 Editorial Board, 2010

B.Clarke, Directors' Duties in a Changing World: Lessons from the Cadbury Plc Takeover, European Company Law , 7, 2010, p204- Journal Article, 2010

Corporate Governance in Banks of Ireland in, editor(s)A. Kostyuk, F. Takeda, and K. Hosono , Anti-Crisis Paradigms of Corporate Governance in Banks: A New Institutional Outlook , Kiev, Virtus Interpress, 2010, [T. Lynn, R. Sharma and B. Clarke ] Book Chapter, 2010

The Relationship between Corporate Governance and Takeovers in Ireland in, editor(s)R. Keane and A. O'Neill , Corporate Governance - An Irish Perspective , Dublin, Thomson Roundhall, 2009, pp50 - 66, [B. Clarke] Book Chapter, 2009

B.Clarke, Insider Dealing: Getting Under the Skin of Fyffes Plc v DCC Plc & Others, Journal of Business Law , 2009, p68- Journal Article, 2009

B.Clarke, "Where was the 'Market for Corporate Control' when we Needed it?" UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 23/2009, 2009 Working Paper, 2009

B.Clarke, The Takeovers Directive - Is a Little Regulation Better Than No Regulation?, European Law Journal , 15, (2), 2009, p174- Journal Article, 2009

Corporate Governance Regulation and Board Decision Making During Takeovers in, editor(s)A. Thankom and J. Turner , Corporate Governance and Development , Edward Elgar, 2009, [B. Clarke] Book Chapter, 2009

Inside Information and the Market Abuse Directive in, editor(s)P. Ali and G. Gregoriou , Insider Trading: Regulation and Analysis , London, CRC Press, 2008, [B. Clarke] Book Chapter, 2008

B. Clarke, Contract Cases and Materials , 4th Edition, Gill & Macmillan, 2008 Book, 2008

B.Clarke, Takeover Regulation- Through the Regulatory Looking Glass, German Law Journal , 8, 2007, p381- Journal Article, 2007

B.Clarke, Articles 9 and 11 of the Takeover Directive (2004/25) and the Market for Corporate Control , Journal of Business Law , 2006, p355- Journal Article, 2006

The Market for Corporate Control and the Implications of the Takeover Directive (2004/25) in, P.Ali and G. Gregoriou , International Corporate Governance after Sarbanes-Oxley , New Jersey, John Wiley & Sons, 2006, [B. Clarke] Book Chapter, 2006

B.Clarke, European Takeover Regulation and Directive 2004/25/EC, The Company and Securities Law Journal , 24, 2006, p93- Journal Article, 2006

B.Clarke, Regulating Poison Pill Devices, Journal of Corporate Law Studies , 4, 2004, p51- Journal Article, 2004

Cross Border Mergers in Company Law: Removing the Final Barriers - Ireland in, International Federation of European Law XX Congress, Reports and Conclusions , London, British Institute of International and Comparative Law, 2002, [B. Clarke and G. Fitzgerald] Book Chapter, 2002

Accommodating the Special Needs of the Financial Markets - R v Panel on Takeovers and Mergers; Ex Parte Datafin plc in, editor(s)E. O'Dell , Leading Cases of the Twentieth Century, Roundhall Sweet & Maxwell, 2000, [B. Clarke] Book Chapter, 2000

B.Clarke, European Takeover Regulation - The Latest Draft of the 13th Company Law Directive, European Business Law Review , 10, 1999, p482- Journal Article, 1999

B. Clarke, Takeovers and Mergers Law in Ireland , Round Hall Sweet & Maxwell, 1999 Book, 1999

B.Clarke, The Draft 13th Directive and Employees - an Irish Law Perspective, European Business Law Review , 9, 1998 Journal Article, 1998

B.Clarke, Corporate Responsibility in Light of the Separation of Ownership and Control, Dublin University Law Journal , 19, 1997, p50- Journal Article, 1997

Non-Peer-Reviewed Publications

B.Clarke, The Irish Banking Culture Board, Innovation and other Contemporary Pivotal Issues in Financial Markets Law and Company Law - Selected National, International, European and Comparative Views, Sapienza University of Rome , 13 December 2019, 2019, Dr. Gudula Deipenbrock Invited Talk, 2019

B Clarke, Corporate Governance of Financial Institutions: the Role of Culture, European Banking Institute Annual Conference,, Frankfurt, 22 February 2019, 2019, EBI Invited Talk, 2019

B Clarke, Good Information Driving Good Decision Making - Board Engagement and Information Asymmetry, Supporting the Agenda for Good Governance of State Boards, Dublin, 16 May 2019, 2019, Public Affairs Ireland Invited Talk, 2019

B Clarke, Organisational Culture and the Role of Lawyers, Summer ELSA Law School, Trinity College Dublin , 24 July 2019, 2019 Invited Talk, 2019

B Clarke, Organisational Culture: What Happens When No One is Looking?, TCD Law School's Lecture Series, TCD, 20 March 2019, 2019 Invited Talk, 2019

B.Clarke, The Role of law in fostering individual accountability within banks , Toward an integrated enforcement of banking regulation: the case of the Single Supervisory Mechanism, University of Luxembourg, 29 November 2018, 2018 Invited Talk, 2018

B.Clarke, Insights into Changing Bank Culture and Behaviour , Contemporary Issues in Financial Markets Law and Company Law - Legal Challenges of Digitalisation - Fintech, Insurtech and other Developments, Berlin, 16 November 2018, 2018 Invited Talk, 2018

B Clarke, "Regulation of Takeovers in Ireland and the UK" , Oceans Apart: Corporate and Securities Litigation and Regulation in Comparative Perspective conference,, MCCann FitzGerald, Dublin, 26 April 2018, 2018, Trinity College Dublin, Oxford University and Fordham University Invited Talk, 2018

B.Clarke, Board Culture and Behaviour , Culture, Diversity and the Way Forward for Corporate Governance in Ireland , Trinity College Dublin, 25 October 2018, 2018, Central Bank and Trinity Law School Invited Talk, 2018

B Clarke, "Brexit, financial services and contract continuity" , TRiSS - IIEA 'Bitesize' workshop series, Aspects of Brexit, TCD, 20 September 2018, 2018, TRiSS - IIEA Invited Talk, 2018

B Clarke, "Individual Accountability for Regulatory Breaches: the Irish Experience", Regulation of the Banking Sector: Challenges and Emerging Issues conference, University of Bristol , 11 May 2018, 2018 Invited Talk, 2018

Blanaid Clarke, Holding Individuals Responsible for Regulatory Breaches in Banks", Contemporary Issues in Financial Markets Law and Company Law - National, International, European and Comparative Perspectives Conference , Institute of Advanced Legal Studies, London, 15 December 2017, 2017 Oral Presentation, 2017

B Clarke, Public Interest Directors and Corporate Governance Reform in the UK, Centre for Law Markets and Regulation , University of New South Wales, Sydney, 14 November 2017, 2017, Law School, UNSW Invited Talk, 2017

Blanaid Clarke, Shareholders Rights Directive II (2017/828/EC) amending Directive 2007/36/EC as regards the encouragement of long-term engagement, Regulatory Update, McCann FitzGerald Solicitors, Dublin, 28 June 2017, 2017, McCann FitzGerald Solicitors Invited Talk, 2017

Blanaid Clarke, Early Intervention Measures under CRD IV, the SSM and SRM regulations (conditions for the application of both) and the early intervention phase under the SRM regulation , Reflections on Competent authorities' Measures in EU Banking Law ( organised by Malta Financial Services Authority and European Banking Institute), Malta, 9 June 2017, 2017 Oral Presentation, 2017

B Clarke, The Meaning of "Impact" and "Engagement", ERC Research Impact Day, Queensland University of Technology, Brisbane, 6 November 2017, 2017, Accounting for Social Change Research Group, QUT Invited Talk, 2017

Blanaid Clarke, Autonomy and Accountability - performance, rules and trust , The Road to Better Governance in Organisations: Principles, Rules or Values , Dublin, 16 March 2017, 2017, Institute of Public Administration Invited Talk, 2017

Blanaid Clarke, Public Interest Directors - Update, Vanderbilt-Ghent Symposium on Corporate Law and Financial Regulation , University of Ghent, 23 May 2017, 2017 Oral Presentation, 2017

Blanaid Clarke, The Takeovers Directive: An Overview, The Takeovers Directive: Ten years On, Trinity Long Room Hub, 22 April 2016, 2016 Oral Presentation, 2016

Blanaid Clarke, "Implications of Brexit on the Financial Services Sector" , The legal implications of a potential Brexit , Dublin, 5 May 2016, 2016, Irish Centre for European Law and IBEC Invited Talk, 2016

Blanaid Clarke, "Company Formation" , European Model Companies Act Conference, Vienna , 10/11 September 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "Datafin Revisited: Judicial Review During a Takeover Bid", Centre for European Legal Studies and the Centre for Corporate and Commercial Law Seminar Series,, University of Cambridge , 4 November 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "The Duty of Parent Companies" , 11th Nordic Company Law Conference on Shareholders' Duties , University of Aarhus, Denmark , 10 November 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "The Role of Culture in Good Corporate Governance" , CUCC Annual Conference; Compliance Through Communication, , Trinity College Dublin , 18 August 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "Judicial Review" , Conference of International Takeover Regulators, London, 22 May , 2014 Invited Talk, 2014

Blanaid Clarke, "Board Directors: What can we expect of them?" , ERC Lessons in the Management of 'People Risk' Seminar Series, Dublin, 26 March, 2014 Invited Talk, 2014

Blanaid Clarke, Jose Antunes et al,, Response to the European Commission's Action Plan on Company Law and Corporate Governance , 2014 Working Paper, 2014 URL

Blanaid Clarke, "Shareholders as Guardians of Long Term Growth - Is EU Faith Misguided?" , . Presentation to Corporate and Securities Panel "Improving Approaches and Substance", 2014 Massey Prize Symposium, , University of Texas , 26 September , 2014, University of Texas Invited Talk, 2014

Blanaid Clarke, "The Role of Diversity in Good Governance" , Assistant Secretary Network Annual Conference, Farmleigh, Dublin , 4 May , 2014, Department of Public Expenditure and Reform Invited Talk, 2014

Blanaid Clarke, "The Role of Audit Committees in Good Governance of Central Banks" , High Level Forum on Central Bank Governance- Audit Oversight and Assurance Mechanisms , Dubai, UAE, 9 December , 2014, Hawkamah and the IMF Invited Talk, 2014

Blanaid Clarke, "Corporate Governance under the Capital Requirements Directive and Regulation" , McCann FitzGerald Presentation , Dublin, 8 May , 2014 Invited Talk, 2014

Blanaid Clarke, "Gender Diversity on European Company Boards' , ERA Annual Conference on European Company Law,, Triers, Germany, 26 September 2013, 2013 Oral Presentation, 2013

Blanaid Clarke, "The Takeover Directive - from a stakeholder rights perspective" , GOODCORP meeting organised by the European Trade Union Institute, Brussels and the University of Oslo , Brussels, (17 September 2013), 2013 Invited Talk, 2013

Blanaid Clarke (with D. Ahern) , Can a 'Comply or Explain' Approach Inspire an Effective Commitment to Board Diversity? , the 12th European Corporate Governance and Company Law Conference, Dublin , 16 May 2013, 2013 Conference Paper, 2013

B.Clarke, Regulating risk management at listed companies: panacea or bitter pill?, ERA Annual Conference on European Company Law 2012, Trier, 27 September 2012, 2012 Oral Presentation, 2012

B.Clarke, The Takeovers Directive Report 2012, Post-crisis Trajectories of European Corporate Governance: Dealing with the Present and Shaping the Future, University of Leeds , 21 September 2012, 2012 Oral Presentation, 2012

B. Clarke (with J. Antunes, T. Baums et al), Report of the Reflection Group on the Future of EU Company Law , Available at SSRN: http://ssrn.com/abstract=1851654, European Commission Internal Market and Services, April, 2011 Report, 2011

Palmer's Company Law, Sweet & Maxwell, [eds.], 2009-2018 Editorial Board, 2009

Research Expertise

Description

Blanaid's research interests include company law, corporate governance, financial services law, securities law and takeover law.

Keywords

Banking Law; Business/Corporate Law; Capital Markets Law; Company Law; Contracts; Corporate Governance; Financial Services Regulation; Takeover Regulation

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

Lord Woolf, Jeffrey Jowell, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, 8th, London, Sweet and Maxwell, 2018, 1-1168pp Book, 2018

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] Book Chapter, 2017

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 Book, 2016

Catherine Donnelly, Participation and Expertise: Judicial Attitudes in Comparative Perspective, Comparative Public Law, Yale Law School, 29 April , 2016, Yale Law School Invited Talk, 2016

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 Book, 2015

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] Book Chapter, 2014

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 Book, 2014

Hilary Biehler and Catherine Donnelly, Proportionality in the Irish courts: the need for guidance, European Human Rights Law Review, 2014, (3), 2014, p272 - 283 Journal Article, 2014

Lord Woolf, Jeffrey Jowell, Andrew Le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, 7th , London, Thomson, 2013, 1 - 1183pp Book, 2013

Catherine Donnelly, Are Preliminary Rulings Working?, Bar European Group, Lisbon, 6 May 2012, 2012 Conference Paper, 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] Book Chapter, 2012

Catherine Donnelly, Privatization and Welfare: A Comparative Perspective, Law and Ethics of Human Rights, 5, (2), 2011 Journal Article, 2011

Catherine Donnelly, The 2010 Remedies Regulations: Automatic Suspension, Time Limits and Standing, A Review of Public Procurement in Ireland 2011, 2011 Conference Paper, 2011

Catherine Donnelly, Convergences and Divergences in Educating Transnational Lawyers?, American Bar Association: International Law Section, Dublin, 12 October 2011, American Bar Association, 2011 Conference Paper, 2011

Catherine Donnelly and Hilary Delany, "The Irish Supreme Court Inches Towards Proportionality Review", Public Law, 2011, 2011, p9 - 19 Journal Article, 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 Conference Paper, 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] Book Chapter, 2011

Donnelly, Catherine, European Union Law Update - 2008, Irish Year Book of International Law, 2011 Journal Article, 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] Book Chapter, 2011

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] Book Chapter, 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] Book Chapter, 2010

Catherine Donnelly, "Automatic Suspension, Time Limits and Standing", The New Public Procurement Remedies Regulations, Dublin, 29 June 2010, 2010 Conference Paper, 2010

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] Book Chapter, 2010

Catherine Donnelly, Ineffectiveness, Relationships and Costs, Dublin, 24 June 2010, 2010 Conference Paper, 2010

Catherine Donnelly, Positive Obligations and Privatization, Northern Ireland Legal Quarterly, 61, (3), 2010, p209 - 223 Journal Article, 2010

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] Book Chapter, 2010

'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] Book Chapter, 2009

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 Book, 2009

Donnelly, Catherine, Remedies in Public Procurement Law in Ireland, Public Procurement Law Review, 1, 2009, p18 - 41 Journal Article, 2009

Catherine Donnelly, Administrative Law and Multi-Level Administration: An EU and US Comparison, Cambridge Yearbook of European Legal Studies, 11, 2009, p211 - 246 Journal Article, 2009

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] Book Chapter, 2009

Donnelly, Catherine, European Union Law Update - 2007, Irish Yearbook of International Law, 2, 2008, p133- Journal Article, 2008

Catherine Donnelly, Delegation of Governmental Power to Private Parties: A Comparative Perspective, Oxford, Oxford University Press, 2007 Book, 2007

'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] Book Chapter, 2007

'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] Book Chapter, 2007

Lord Woolf, Jeffrey Jowell, Andrew le Sueur, Catherine Donnelly, De Smith's Judicial Review, 6th edn, London, Sweet and Maxwell, 2007 Book, 2007

'Habeas Corpus' in, editor(s)B Lang , Administrative Court: Practice and Procedure , London, Sweet and Maxwell , 2006, [Catherine Donnelly] Book Chapter, 2006

'Elections' in, editor(s)B Lang , Administrative Court: Practice and Procedure , London, Sweet and Maxwell, 2006, [Catherine Donnelly] Book Chapter, 2006

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 Journal Article, 2005

Non-Peer-Reviewed Publications

Catherine Donnelly, Transparency in Procurement: Where are the Limits?, Public Procurement Law Conference, 3 June , 2016, Irish Centre for European Law Invited Talk, 2016

Catherine Donnelly, The Cross-Over between Procurement and Competition Law, Public Procurement Law Conference, 12 June , 2015 Invited Talk, 2015

Catherine Donnelly, The Reach of Public Procurement Law: Current Issues, 30 April, 2015, Irish Society for European Law Invited Talk, 2015

Catherine Donnelly, The New Procurement Directives and Procurement Litigation, 14 May, 2014, CMG Professional Training Invited Talk, 2014

Brian Kennelly and Catherine Donnelly, Interim Relief, Damages and Expert Evidence in Public Procurement, Blackstone Chambers Procurement Law Seminar, London, 3 July, 2013 Invited Talk, 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 Invited Talk, 2013

Catherine Donnelly, The Unfulfilled Promise of Zambrano, Understanding EU Citizens' Rights, 24 October, 2013 Invited Talk, 2013

Catherine Donnelly, Automatic Suspension and Interlocutory Relief, Public Procurement Litigation, Trinity College Dublin, 1 March 2012, 2012 Conference Paper, 2012

Donnelly, Catherine, Postive Obligations and Privatization, Queen's University Law School Annual Workshop, Belfast, 24 March 2010, 2010, Queen's University Invited Talk, 2010

Donnelly, Catherine, The NIO Bill of Rights Consultation Paper: A Public Law Analysis, NICEM Annual Conference, Belfast, 12 February, 2010, NICEM Invited Talk, 2010

Donnelly, Catherine, Reasons in Administrative Law, Presentation to the Upper Tribunal of Administrative Judges, London, 3 March, 2010, Upper Tribunal of Administrative Judges Invited Talk, 2010

Fairgrieve D(ed.), Remedies in Public Procurement Law in Ireland, British Institute of International and Comparative Law, 2010 Proceedings of a Conference, 2010

Donnelly, Catherine, Pursuing Secondary Policies in EC Public Procurement Law, School of Law, Trinity College Dublin, 16 February 2009, 2009, School of Law, TCD Invited Talk, 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 Invited Talk, 2009

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 Invited Talk, 2009

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 Invited Talk, 2009

Donnelly, Catherine and Tom de la Mare, Article 234 in Social and Political Context, European University Institute, Florence, 19 April 2009, 2009, EUI, Florence Invited Talk, 2009

Donnelly, Catherine, Problems of Legitimacy in Contracting Out and Privatization, Sorbonne, Paris, 24 October 2009, 2009 Invited Talk, 2009

Donnelly, Catherine, Grounds for Judicial Review: New Developments, Judicial Review; Recent Developments, Trinity College Dublin, 27 June 2009, 2009, School of Law, TCD Invited Talk, 2009 TARA - Full Text

Catherine Donnelly, 'Preamble, Enforcement and Implementation', Getting the Bill Right - An Update, Belfast, 2-3 July 2008, , 2008 Conference Paper, 2008

Catherine Donnelly and Aideen Gilmore, Final Report of the Preamble, Enforcement and Implementation Working Group, Northern Ireland Bill of Rights Forum, Belfast, March, 2008 Report, 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] Book Chapter, 2008

Catherine Donnelly, 'Remedies in Public Procurement', State Aid and Public Procurement Update, Dublin, 29 May 2008, 2008 Conference Paper, 2008

Donnelly, Catherine, Institutional Reform: With and Without Lisbon, Irish Centre for European Law (ICEL) Conference, Dublin, 23 October 2008, 2008, ICEL Invited Talk, 2008

Catherine Donnelly, Chapters 3 and 6, and Appendix 2, Northern Ireland Bill of Rights Forum Report, Belfast, March , 2008, Report, 2008 URL

Catherine Donnelly, 'A British Bill of Rights and Devolution in Northern Ireland', 'A British Bill of Rights and Devolution', London, 11 July , 2008, JUSTICE Invited Talk, 2008

Donnelly, Catherine, Enforcing a Bill of Rights for Northern Ireland, Committee for the Administration of Justice Seminar, 30 September 2008, 2008 Invited Talk, 2008

Foreword in, editor(s)P Downes , Not One Victim More - Human Trafficking in the Baltic States, Estonia, 2008, [Catherine Donnelly] Book Chapter, 2008

Catherine Donnelly, 'The Human Rights Council', Annual Department of Foreign Affairs NGO Human Rights Forum, Dublin, 19 June , 2007, Department of Foreign Affairs Invited Talk, 2007

Catherine Donnelly, 'Secondary Policies and Public Procurement', Secondary Policies and Public Procurement, Dublin, 29 October , 2007, Irish Society for European Law Invited Talk, 2007

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 Conference Paper, 2007

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 Conference Paper, 2007

Catherine Donnelly, 'The Constitution at 70 and Privatisation of Governmental Functions' The Constitution at 70, Dublin, 8-9 June 2007, 2007 Conference Paper, 2007

Catherine Donnelly, 'Administrative Law and Multi-Level Governance: An EU-US Comparison', Oxford University Public Law Discussion Group, Oxford, 30 November 2006, 2006 Invited Talk, 2006

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 Conference Paper, 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 Review, 2005

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 Conference Paper, 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 Invited Talk, 2004

Catherine Donnelly, 'The Thirteenth Amendment of the US Constitution and Diplomatic Immunity', Recent Constitutional Law Cases, New York, 12 June, 2000, Davis Polk & Wardwell Invited Talk, 2000

Catherine Donnelly, 'The Importance of Functionalism in Procedural Due Process: A Comparative Perspective', 1999, - Miscellaneous, 1999

Catherine Donnelly, Common Law and EU Law: A Transient Blip or Enduring Exchange, Society of Legal Scholars Annual Conference, Dublin, 7 September 2017 Conference Paper,

Research Expertise

Description

European Union Law; Administrative Law; Constitutional Law; Comparative Law; Human Rights; Governance; Public Procurement Law

Keywords

Administrative Law; Constitutional Law; Governance, Human Rights, European Union Law

Recognition

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 2016

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

Legal Advisor, Northern Ireland Bill of Rights Forum 09/07-03/08

Committee Member, Oxford Amnesty Lectures

Member, Dornburg Study Group

Awards and Honours

Fellow, Trinity College Dublin 2011

Arts and Humanities Research Council Award 2001-2004

Harvard Law School Fellowship 1998-1999

Magdalen College Award for Excellent Performance in B.C.L. Examinations 1998

Arts and Humanities Research Council Award 1997-1998

Scholar of Trinity College 1995

External Examiner, University of Oxford, University College Dublin

Memberships

Irish Society for European Law 2007 – present

Society of Legal Scholars

Irish Association of Law Teachers

Irish Centre for European Law

Ailbhe O'Neill


Biography

Ailbhe O'Neill completed her LL.B at Trinity College Dublin where she was elected to scholarship. After graduating first in her year she attended Cambridge university where she completed an LL.M as an awardee of the WM Tapp Studentship in Law. She completed her doctoral thesis in Trinity on "The Rights of Companies Under the Irish Constitution: A Philosophical and Comparative Analysis." (published by Thomson Round Hall in 2005). She lectures Corporate Governance and Media Law on the LL.B Programme. She has published widely in these areas both domestically and internationally and is co-author of Media Law in Ireland (Bloomsbury, 2011). Her research interests include Corporate Governance, Media Law, Constitutional Law and Bank Resolution. A practising barrister, she has advised on and acted in relation to a broad range of legislation connected with the banking crisis in Ireland including the Anglo Irish Bank Corporation Act 2008, the National Asset Management Agency Act 2009, the Central Bank Reform Act 2010, the Credit Institutions (Stabilisation) Act 2010 and the Personal Insolvency Act 2012 and was appointed as legal advisor to the Commission of Investigation into the Causes of the Banking Crisis in 2011.

Publications and Further Research Outputs

Peer-Reviewed Publications

Ailbhe O'Neill, Budgetary Procedures Under the Irish Constitution, Special section: "The medium-term constitutional implications of the Eurozone crisis in countries under financial assistance" (Quaderni costituzionali) , (1), 2019, p1 - 5 Journal Article, 2019

Ailbhe O'Neill, Open Justice Revisited - Gilchrist and Rogers v. Sunday Newspapers Ltd., Irish Supreme Court Review, 1, 2019, p1-18 Journal Article, 2019

Ailbhe O'Neill Eoin Carolan, Media Law in Ireland, 2nd, Ireland, Bloomsbury, 2019, 1-623pp Book, 2019

Ailbhe O'Neill, The Principle of Open Justice, Irish Supreme Court Review, Trinity College, 6 October, 2018, TCD Law School Invited Talk, 2018

O'Neill, When do Clubs Die?, Dublin University Law Journal, 38, (1), 2015, p208 - 218 Journal Article, 2015

Ailbhe O'Neill, "Subordinated creditors in times of crisis - the Irish approach" , Journal of International Banking Law and Regulation , 30, (5), 2015, p296 - 299 Journal Article, 2015

National Reporter, European Insolvency Law - The Heidelberg-Luxembourg-Vienna Report , 2014 Report, 2014

Rights and Freedoms in the Domestic Context - Fair Procedures in Difficult Times in, editor(s)Ferarri and O'Dowd , 75 Years of the Constitution of Ireland: An Irish-Italian Dialogue, Italy and Ireland, Clarus Press , 2014, pp17 , [Ailbhe O'Neill] Book Chapter, 2014

Ailbbhe O'Neill, "Reporting allegations: Reynolds privilege revisited in the UK Supreme Court" , Irish Jurist, 2012, p185- Journal Article, 2012

Ailbhe O'Neill, . "Defamation by Hyperlink and the Publication Rule" , Dublin University Law Journal, 35, 2012, p317- Journal Article, 2012

Ailbhe O'Neill, Rescuing the Law of Torts, Irish Jurist, 2011, 2011 Journal Article, 2011

Ailbhe O'Neill, . "Fair Procedures - An Inviolable Right?" , Dublin University Law Journal, 33, 2011, p319 - 338 Journal Article, 2011

Ailbhe O'Neill, On-line Piracy and the Responsibilities of Internet Service Providers in Ireland, Entertainment Law Review, 2011, p89- Journal Article, 2011

Ailbhe O'Neill and Eoin Carolan, Media Law in Ireland, First, Dublin, Bloomsbury , 2010 Book, 2010

McCann Courtney , Companies Acts 1963-2010, Dublin, Tottel, 2010 Book, 2010

Taming Directors in, editor(s)Ronan Keane and Ailbhe O'Neill , Corporate Governance and Regulation in Ireland, Dublin, Thomson Round Hall, 2009, [Ailbhe O'Neill] Book Chapter, 2009

Property Rights and the Power of Eminent Domain in, editor(s)Oran Doyle , The Constitution at 70, Dublin, Thomson Round Hall, 2008, [Ailbhe O'Neill] Book Chapter, 2008

O'Neill, Invalidity and Retrospectivity under the Irish and Canadian Constitutions, Forum Constitutionnel, 2007, p147- Journal Article, 2007

O'Neill, Corporate Reputation in the House of Lords, Company Layer, 28(3), 2007, p76- Journal Article, 2007

O'Neill, Part 40 of the U.K. Companies Act 2006: Disqualification Orders go Global, International Company and Commercial Law Review , 2007, p166- Journal Article, 2007

O'Neill, Unjust Enrichment and Restitution of Tax Paid under a Mistake of Law, Irish Tax Review, 2007, p66- Journal Article, 2007

O'Neill , The Constitutional Rights of Companies, Dublin, Thomson Round Hall, 2007, 300pp Book, 2007

O'Neill, The Constitutional Rights of Companies, Dublin, Thomson Round Hall, 2007 Book, 2007

O'Neill, Relieving Directors: The Irish Approach, Company Lawyer, 2007, p116- Journal Article, 2007

Ailbhe O'Neill, The Rule against Double Jeopardy and the Company and Some Thoughts on Interpretive Seepage, Irish Criminal Law Journal, 2005 Journal Article, 2005

Ailbhe O'Neill, The Right to Silence and the Company, Irish Jurist, 2005, p111- Journal Article, 2005

Ailbhe O'Neill, Corporate Freedom of Expression", Dublin University Law Journal, 27, 2005, p185- Journal Article, 2005

Non-Peer-Reviewed Publications

Ailbhe O'Neill, Reflections on Referenda in Ireland - Response, The Role of Referendums in the UK Constitutional Order: Comparative Perspectives , Durham University, 31 January , 2019, Durham Law School Invited Talk, 2019

Ailbhe O'Neill, Administrative Sanctions Procedure - INBS Inquiry, Training for Enforcement Unity Central Bank of Ireland, Central Bank of Ireland, 14 September, 2018, Central Bank of Ireland Invited Talk, 2018

Ailbhe O'Neill, Developments in Banking and Financial Regulation, Recent Developments in Public Law, UCD, 11 June , 2018, UCD Centre for Constitutional Studies, 5pp Invited Talk, 2018

Flynn, Roderick, Media Pluralism Monitor, 2016, Florence, Centre for Media Pluralism and Media Freedom, EUI, May, 2017 Report, 2017

Flynn, Roderick, Media Pluralism Monitor, 2015, Florence, Centre for Media Pluralism and Media Freedom, EUI, May, 2016 Report, 2016

Ailbhe O'Neill, "Pillar A of the Companies Bill 2011 - the role of the company secretary", Irish Business Law Quarterly, 2012, 2012, p3- Journal Article, 2012

Researcher, Report of the Working Group on a Court of Appeal, Ireland, Courts Service, 2009 Report, 2009

O'Neill, Breach of the Peace as an Offence at Common Law, Journal of Criminal Law, 71, 2007, p21- Journal Article, 2007

O'Neill, Reform of the Derivative Suit, New Law Journal, 2007, p356- Journal Article, 2007

Ailbhe O'Neill, "The effect of a finding that legislation is unconstitutional - the approach of the Irish Supreme Court", Common Law World Review, 2007, p220- Journal Article, 2007

Ailbhe O'Neill, Section 12(1) of the Companies Act 1990 as a Weapon of Mass Discovery, Commercial Law Practitioner, 13, (3), 2006, p81- Journal Article, 2006

Ailbhe O'Neill, Cross-Border Insolvency in the Supreme Court - Some (Euro) Food for Thought, Commercial Law Practitioner, May, 2005 Journal Article, 2005

Research Expertise

Description

Company Law - particularly Corporate Governance and Corporate Insolvency and Rescue. Constitutional Law - Irish and Comparative. The European Convention on Human Rights.

Keywords

Business/Corporate Law; Constitutional Law; Criminal Law; Insolvency/Bankruptcy

Recognition

Representations

Member of the European Corporate Governance Institute 2005

Faculty of Public Health Medicine of the Royal College of Physicians Research Ethics Committee

The Royal College of Physicians Ethics Committee The European Corporate Governance Institute Research Associate of the Institute for International Integration Studies (IIIS)

Media Pluralism Monitor - National Expert for Ireland

Awards and Honours

Entrance Exhibition Trinity College Dublin 1996

Trinity College Scholarship 1998

Kingsmill Moore Memorial Prize for 1st place in Junior Sophister Year 1999

Henry Hamilton Hunter Memorial Prize 1st place in Senior Sophister Year 2000

W.M. Tapp Studentship in Law Gonville and Caius College, Cambridge 2000

Honorary Senior Scholarship Gonville and Caius College, Cambridge 2001

Memberships

The Law Library, Four Courts, Inns Quay, Dublin 7 2006

Mary Rogan


Biography

Professor Mary Rogan's research interests include prison law, human rights and imprisonment, and penal policymaking. Professor Rogan received a first class honours degree in Law from Trinity College Dublin in 2003 before going on to obtain a BCL from the University of Oxford. Professor Rogan received her PhD at Trinity College Dublin for her work on the penal policymaking process. She is a barrister with expertise in prison law, receiving the degree of Barrister-at-Law from the Honorable Society of King's Inns with distinction. She is also a Member of Lincoln's Inn and the Bar of England and Wales. Prof. Rogan holds an MA in Higher Education from Dublin Institute of Technology and a Postgraduate Diploma in Statistics from Trinity College Dublin.

Professor Rogan was awarded a European Research Council Starting Grant worth €1.5million euro in 2015 for a project entitled 'Prisons: the rule of law, accountability and rights'. This work brings together, for the first time, the disciplines of public law and the sociology of punishment to examine inspection, oversight and accountability in prison systems in the United States and Europe. Professor Rogan has also received funding from the European Commission and Irish Research Council for cross-jurisdictional projects on imprisonment, and pre-trial detention, and for work on law and social change. She has led research on bail and pre-trial detention in Ireland as part of research examining seven European Union countries, and a further project examining leadership in penal change in the United States and Europe. She has also provided research consultancy to the Council of Europe on projects concerning the inspection of prisons in Ukraine and FYRO Macedonia. She is the Book Review Editor for the Howard Journal of Crime and Justice and a member of the Research Advisory Group to the Howard League for Penal Reform.

Professor Rogan teaches modules in Penology and the Prison System at Trinity College Dublin and is the coordinator of the Undergraduate Dissertation Programme at the School of Law. She has pioneered community-based learning methods in legal education, having introduced the first community-based learning module partnering with nongovernmental organisations on penal policy, and supervised the first Employment-Based PhD student researching penal policy to work with a nongovernmental organisation.

Professor Rogan is committed to using research to improve penal policy and the policymaking process. She chairs the Implementation and Oversight Group on reforms to penal policy, reporting to the Minister for Justice and Equality. She was appointed to the inaugural Research Advisory Group for the Department of Justice and Equality in July 2018. She sits on the Advisory Group to the Office of the Inspector of Prisons. She has also been a member of the Central Statistics Office's Expert Group on Crime Statistics. Professor Rogan is a representative of Ireland on the International Penal and Penitentiary Foundation, a body with advisory status to the United Nations. She is a member of the Board of the Irish Association for the Social Integration of Offenders, the Victims' Rights Alliance, and is a former Chairperson of the Irish Penal Reform Trust.

Publications and Further Research Outputs

Peer-Reviewed Publications

Mary Rogan, Experiencing Human Rights Protections in Prisons: the Case of Prison Monitoring in Ireland , European Journal of Criminology , 2020 Journal Article, 2020

Dr. Eva Aizpurua and Professor Mary Rogan, Understanding New Actors in European Arrest Warrant Cases Concerning Detention Conditions: The Role, Powers and Functions of Prison Inspection and Monitoring Bodies, New Journal of European Criminal Law, 2020 Journal Article, 2020

Minimising Prisonisation and the Harms of Custody in, editor(s)P.H.P.H.M.C Van Kempen and M. Jendly , Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment, Cambridge, Intersentia Ltd., 2019, pp213 - 228, [Mary Rogan] Book Chapter, 2019

'Changing Ireland, Changing Law': Access to Justice and Understanding the Lived Experience in, editor(s)Edited by Laura Cahillane and Jennifer Schweppe , Case Studies in Legal Research Methodologies: Reflections on Theory and Practice , Dublin, Clarus Press Ltd. , 2019, pp81 - 99, [Mary Rogan and Ivana Bacik] Book Chapter, 2019

Mary Rogan, "What constitutes evidence of poor prison conditions after Aranyosi and Căldăraru? Examining the role of inspection and monitoring bodies in European Arrest Warrant decision-making" , New Journal of European Criminal Law, 10 , (3), 2019, p209 - 226 Journal Article, 2019 URL TARA - Full Text

Mary Rogan, Prison Inspection and Monitoring: The Need to Reform European Law and Policy, European Journal on Criminal Policy and Research , 2019, p1 - 21 Journal Article, 2019 TARA - Full Text

Overusing the Criminal Justice System: the Case of Ireland in, editor(s)P.H.P.H.M.C. Van Kempen and M. Jendly , Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment, Cambridge, Intersentia Ltd., 2019, pp391 - 415, [Mary Rogan and Michael Reilly] Book Chapter, 2019

Eva Aizpurúa, Mary Rogan , La situación de las prisiones y los centros de menores en España: Analizando las observaciones del CPT, Boletín Criminológico, 1, (182), 2019, p1-11 Journal Article, 2019 TARA - Full Text URL

Mary Rogan , Judges and resisting penal policy, Howard Journal of Crime and Justice , 57, (3), 2018, p321-338 Journal Article, 2018 TARA - Full Text

Mary Rogan and David Perry, Report on Expert Interviews, Ireland, 2018 Report, 2018 URL

Mary Rogan and David Perry , The Use of Pretrial Detention in Ireland: How Does the Legal Framework Operate in Practice?, Criminal Law and Practice Review, 2, 2018 Journal Article, 2018

Mary Rogan, Human rights approaches to suicide in prison: implications for policy, practice and research, Health and Justice , 2018, phttps://doi.org/10.1186/s40352 Journal Article, 2018 TARA - Full Text

Mary Rogan, Remission of Prison Sentences: Emerging Principles, Dublin University Law Journal, 40, (1), 2017, p217 - 231 Journal Article, 2017 TARA - Full Text

Walter Hammerschick, Christine Morgenstern, Skirmantas Bikelis, Miranda Boone, Ioan Durnescu, Alexia Jonckheere, Joep Lindeman, Eric Maes, Mary Rogan , DETOUR - Towards Pre-trial Detention as Ultima Ratio, Comparative Report, Comparative Report, Ireland, December, 2017 Report, 2017 URL

International human rights law and high risk offenders in, editor(s)Faye S. Taxman , Handbook on Risk and Need Assessment: Theory and Practice , New York, Routledge, 2017, pp447 - 464, [Mary Rogan] Book Chapter, 2017

Mary Rogan, Human rights and correctional healthcare: a view from Europe, International Journal of Prisoner Health, 13, (1), 2017, p1-7 Journal Article, 2017 URL TARA - Full Text

Walter Hammerschick, Christine Morgenstern, Skirmantas Bikelis, Miranda Boone, Ioan Durnescu, Alexia Jonckheere, Joep Lindeman, Eric Maes, Mary Rogan, DETOUR: Towards Pre-trial Detention as Ultima Ratio - Comparative Report, Vienna, Austria, December , 2017, 1-80 Report, 2017 TARA - Full Text

Women in Prison and Ireland in, editor(s)Piet Hein van Kempen Maartje Krabbe , Women in Prison: The Bangkok Rules and Beyond , Intersentia, 2017, pp479 - 512, [Mary Rogan and Michael Reilly] Book Chapter, 2017

Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Country Briefs, Country Briefs, Ireland, November , 2017 Report, 2017 URL

David Perry and Mary Rogan , Pre-trial detention as a measure of last resort: first national report on Ireland, Dublin , 2016 Report, 2016 TARA - Full Text URL

Mary Rogan Ivana Bacik, Legal Cases that Changed Ireland, Dublin , Clarus Press, 2016, 1-131pp Book, 2016

Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Second National Report, Expert Interviews, Ireland, First national report , 2016 Report, 2016 TARA - Full Text

Community-based research in, editor(s)Laura Cahilliane Jennifer Schweppe , Legal Research Methods Principles and Practicalities, Dublin , Clarus Press, 2016, pp89 - 106, [Mary Rogan] Book Chapter, 2016 TARA - Full Text

The policymaking process and penal change in, editor(s)Deirdre Healy, Claire Hamilton, Yvonne Daly, Michelle Butler , The Routledge Handbook of Irish Criminology, Routledge, 2016, pp434 - 449, [Mary Rogan ] Book Chapter, 2016

Reintegration of high-risk offenders - closing remarks on human rights issues in, editor(s)Frieder Duenkel Joerg Jesse Ineke Pruin Moritz von der Wense , European Treatment, Transition Management and Re-integration of High Risk Offenders, Forum Verlag Godesberg, 2016, pp239 - 243, [Mary Rogan] Book Chapter, 2016

Mary Rogan, The European Court of Human Rights, Gross Disproportionality and Long Prison Sentences, Public Law, 1, 2015, p22 - 39 Journal Article, 2015

The Penal System in Ireland: Pragmatism, Neglect and the Effects of Austerity in, editor(s)Vincenzo Ruggiero Mick Ryan , Penal Systems in Europe: A Critical Anatomy, Palgrave Macmillan, 2014, pp86 - 110, [Mary Rogan ] Book Chapter, 2014

Mary Rogan , 'Out of balance: disproportionality in sentencing ', Penal Reform International , 2014, - Broadcast, 2014 URL

Mary Rogan , Driving penal reform, 2014 Working Paper, 2014 URL

Mary Rogan, Prison Law, 1st, Bloomsbury Professional, 2014, 1 - 462pp Book, 2014 URL

Mary Rogan, Book Review: O'Sullivan, E. & O'Donnell, E. (2012). Coercive Confinement in Ireland. Patients, Prisoners and Penitents, 2014, - Miscellaneous, 2014

Mary Rogan, Prison policy in times of austerity: reflections from Ireland, Prison Service Journal, May, 2013, p9 - 15 Journal Article, 2013

Mary Rogan, Prisoners' rights and the separation of powers: comparing approaches in Ireland, Scotland and England and Wales, Public Law, July, 2013, p415 - 425 Journal Article, 2013

Mary Rogan, 'Other status' and the rights of prisoners under Article 14 of the European Convention on Human Rights, European Human Rights Law Review , 6, 2013, p605 - 615 Journal Article, 2013

Mary Rogan, Improving Criminal Justice Data and Policy, Economic and Social Review, 43, (2), 2012, p303 - 323 Journal Article, 2012

Mary Rogan , Rehabilitation, Research and Reform: Prison Policy in Ireland , Irish Probation Journal, 9, 2012, p6 - 32 Journal Article, 2012

Mary Rogan, Book Review: O'Sullivan, E. & O'Donnell, I. Coercive Confinement in Ireland: Patients, Prisoners and Penitents, Review of Coercive Confinement in Ireland: Patients, Prisoners and Penitents, by E. O'Sullivan, I. O'Donnell , Irish Journal of Applied Social Studies, 14, (1), 2012, p74-76 Review, 2012

Mary Rogan, Dealing with overcrowding in prisons: contrasting judicial approaches from the USA and Ireland, Irish Jurist, 47, 2012, p195- Journal Article, 2012

Mary Rogan, Brown, Governor of California v. Plata et al, Modern Law Review, 2012, p261 - 274 Journal Article, 2012

Mary Rogan, Day et al, Transitions to Better Lives, 2011, - Miscellaneous, 2011

Mary Rogan, The innocence rights of sentenced offenders, Irish Journal of Legal Studies, 2, 2011, p55 - 62 Journal Article, 2011 TARA - Full Text

Mary Rogan, Prison Policy in Ireland: Politics, Penal-Welfarism and Political Imprisonment, 1st, Abingdon, Routledge, 2011, 1 - 246pp Book, 2011 URL

Mary Rogan, Yes (or no) Minister: the role of the Minister-senior civil servant dyad in the formation of prison policy in Ireland, Prison Journal, 91, (1), 2011, p32 - 56 Journal Article, 2011

Mary Rogan, The Innocence Rights of Sentenced Offenders, Irish Journal of Legal Studies, 2, (1), 2011, p55 - 66 Journal Article, 2011 URL

Mary Rogan, Day et al, Transitions to Better Lives, Review of Transitions to Better Lives: Offender Readiness and Rehabilitation, by A. Day, S. Casey, T. Ward, K. Howells, J. Vess , International Criminal Justice Review, 21, (2), 2011, p174-176 Review, 2011

Mary Rogan, B. Crewe, The Prisoner Society: Power, Adaptation and Social Life in an English Prison, Review of The Prisoner Society: Power, Adaptation and Social Life in an English Prison, by B. Crew , International Criminal Justice Review, 21, (1), 2011, p81-83 Review, 2011

Mary Rogan, Tonry, Thinking about Punishment, 2010, - Miscellaneous, 2010

Mary Rogan, Tonry, Thinking about Punishment, Review of Thinking about Punishment: Penal Policy across Time, Discipline, by M. Tonry , International Criminal Law Review, 10, (5), 2010, p870-972 Review, 2010

Mary Rogan, Charles Haughey, the Department of Justice and Irish Prison Policy during the 1960s, Administration, 57, (3), 2010, p65 - 86 Journal Article, 2010

Rogan, Mary, Crewe, The Prisoner Society: Power, Adaptation and Social Life in an English Prison, 2010, - Miscellaneous, 2010

Mary Rogan, Prison policy in Ireland: an historical overview, Prison Service Journal, 186, 2009, p3-13- Journal Article, 2009

Mary Rogan, Extending the reach of the state into the post-sentence period: section 26 of the Criminal Justice Act 2007, Dublin University Law Journal, 15, (1), 2009, p214- Journal Article, 2009

Mary Rogan, Visiting committees and accountability in the Irish prison system: some proposals for reform, Dublin University Law Journal, 31, 2009, p298 - 323 Journal Article, 2009

Mary Rogan, The Prison Rules 1947: Political Imprisonment, Politics and Legislative Change in Ireland, Irish Jurist, 43, 2008, p89- Journal Article, 2008

Non-Peer-Reviewed Publications

Professor Mary Rogan, Presentation on the outcome of evaluation by the Council of Europe Development Bank of judicial infrastructure in Ireland, Paris, France, 23 January 2020, 2020 Invited Talk, 2020

Mary Rogan & Sophie van der Valk , Prisoner Complaints Mechanisms: Assessing Human Rights Requirements and the Role of a General Ombudsman, European Public Law, 2020 Journal Article, 2020

Eva Aizpurua & Mary Rogan, Correctional Oversight Bodies' Resources and Protections Across the European Union: are their Hands Tied? , 2020 Journal Article, 2020

Dr. Ciara O'Connell and Professor Mary Rogan , Rights and Recommendations: Prison Perspectives on the European Committee for the Prevention of Torture' - Briefing Papers Shared with Prisons in Norway and Scotland, 2020 Conference Paper, 2020

Mary Rogan, Reflection on Law, Brain Health and Diversity , Diversity and Brain Health: Perspectives from the LGBT+ Community in Ireland, Trinity Long Room Hub, 4th June, 2019, 2019, Atlantic Fellows for Equity in Brain Health at the Global Brain Health Institute (GBHI) and the School of Law Invited Talk, 2019

Mary Rogan, Battling the elements: capturing the hard to hear stories, Considerations and Challenges in Life Story Research, Trinity Long Room Hub, 6th June, 2019, 2019 Oral Presentation, 2019

Professor Mary Rogan, Dr. Ciara O'Connell, Sarah Curristan, Sophie van der Valk and Dr. Eva Aizpurua, "Experiencing a CPT visit - the impact on prisons and penal administrators", Thirty Years of monitoring prisons in Europe, KU Leuven, December 5 2019 , 2019 Invited Talk, 2019

Ciara O'Connell, Eva Aizpurua and Mary Rogan, The European Committee for the Prevention of Torture and the Gendered Experience of Imprisonment, Gender in Law and Courts: Uneasy Encounters?, European University Institute, 8 November 2019, 2019 Oral Presentation, 2019 TARA - Full Text

Mary Rogan and Sophie Van der Valk, Complaints procedures in prisons and recent case law, Public Law Conference , UCD , 23rd May, 2019, 2019 Conference Paper, 2019

Mary Rogan, Prison inspection and monitoring bodies: a new role in the AFSJ?, EU Law and Detention Seminar, Fitzwilliam College, Cambridge University, 17 September 2019, 2019 Oral Presentation, 2019 TARA - Full Text

Dr. Eva Aizpurua, Sophie van Der Valk, Sarah Curristan, 'Prisoners' and Staff views of Prison Oversight', Visiting Committee Training Day, IPS College, 2 December 2019, 2019 Oral Presentation, 2019

Mary Rogan , Bail and the use of pre-trial detention in Ireland: findings from an empirical study, Meeting of the Judges of the District Court, 2018 Invited Talk, 2018

Mary Rogan, Pre-trial detention in Ireland, Pre-trial detention conference, University of Leiden, 2018 Invited Talk, 2018

Mary Rogan, The Purposes of Punishment, Irish Prison Service (IPS) meeting of The Strategy and Policy Group (SPG) , Portlaoise, 12 June 18, 2018 Oral Presentation, 2018

Mary Rogan, human rights in prisons and the role of inspection and monitoring, Global Brain Health Institute, Trinity College, Dublin, 18 July, 2018, GBHI Invited Talk, 2018

Mary Rogan, We have a rare window to reform justice system, 2018, - Miscellaneous, 2018 URL TARA - Full Text

Mary Rogan , Towards pre-trial detention as ultima ratio? Pre-trial detention and alternatives across Europe, Law Society Professional Training , Law Society of Ireland, 27th November, 2018, 2018 Oral Presentation, 2018 TARA - Full Text

Mary Rogan, Bail and the use of pre-trial detention: findings from an empirical study , Criminal Law: Recent Developments and Emerging Trends, Trinity College, Dublin, 19 April , 2018, Trinity Law School Invited Talk, 2018 TARA - Full Text

Mary Rogan, Opening Statement to the Joint Committee on Justice and Equality on the Bail (Amendment) Bill 2017, 5 December , 2018 Invited Talk, 2018 TARA - Full Text

Mary Rogan, The Future of Policing , Behind the Headlines, Synge Theatre, Trinity College, 21 February , 2018, Trinity Long Room Hub Arts & Humanities Research Institute Invited Talk, 2018 TARA - Full Text

Mary Rogan, Sophie van der Valk, Sarah Curristan, Christine Morgenstern, Eva Aizpurua, Ray O'Keeffe, Revision of the European Prison Rules, Submission from PRILA to the Council for Penological Cooperation, July, 2018 Report, 2018 TARA - Full Text

Mary Rogan, Sophie van der Valk, Sarah Curristan, Christine Morgenstern, Eva Aizpurua, Ray O'Keeffe, Revision of the European Prison Rules, Submission from PRILA to the Council for Penological Cooperation, July, 2018 Report, 2018

Mary Rogan, Justice in Transition: improving the penal policymaking process, Probation Board for Northern Ireland Annual Conference, Belfast, 15 March, 2018, Probation Board for Northern Ireland Invited Talk, 2018

Mary Rogan, 'Behind the Door': Solitary Confinement in the Irish Penal System, The Irish Penal Reform Trust, Kilmainham, 2 February , 2018, The Irish Penal Reform Trust Invited Talk, 2018 URL

Mary Rogan, The effects of incarceration and aging, Head Space 2018, Trinity College, Dublin, 27 April, 2018, Creative Aging International Invited Talk, 2018

Mary Rogan and Penal Policy Review Group, Fifth Report of the Implementation Oversight Group to the Minister for Justice and Equality , Fifth, Dublin, 2018 Report, 2018 TARA - Full Text URL

Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk, Submission from PRILA to the Council for Penological Cooperation : Revision of the Commentary to the European Prison Rules, Dublin, August, 2017 Report, 2017 TARA - Full Text

Mary Rogan, The evolving role of imprisonment in Ireland, Law Society Annual Human Rights Conference, Dublin, October , 2017, Law Society Invited Talk, 2017

Mary Rogan, Through the lens of liberty or detention: the starting point for decisions on pre-trial detention, DETOUR conference, Vienna, November , 2017, DETOUR Invited Talk, 2017

Mary Rogan , Landmarks in Irish penal history, Parnell Summer School, Avondale, Co. Wicklow, Ireland, August , 2017 Invited Talk, 2017

Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk, Submission from PRILA to the Irish Prison Service on the Code of Ethical Behaviours, Ireland, 2017 Report, 2017 TARA - Full Text

Mary Rogan, Inspection and Monitoring of Prisons: the role of European human rights law, European Society of Criminology, Cardiff, September 2017, 2017 Conference Paper, 2017

Mary Rogan and Sophie van der Valk, Ireland and OPCAT six years on: have things changed?, Ireland, 2017 Report, 2017 URL

Mary Rogan, Solitary confinement and the role of the courts, Solitary Confinement and the Role of the Courts in the USA and Ireland, Dublin, September 2017, 2017 Conference Paper, 2017

Mary Rogan, Inspection and Oversight of Prisons: the position of the European Court of Human Rights, The Society of Legal Scholars Conference Annual Conference Dublin 2017 'The Diverse Unities of Law', Dublin, September 2017, 2017 Conference Paper, 2017

Mary Rogan, Inspection and Oversight of Prisons: the position of the European Court of Human Rights, The Society of Legal Scholars Conference Annual Conference Dublin 2017 'The Diverse Unities of Law', Dublin, September 2017, 2017 Conference Paper, 2017

Mary Rogan, European Human Rights Law and Death in Prison: Obligation and Reforms, ESRC funded conference on Death in Punishment, School of Law, University of Sheffield, 25 October 2017, 2017 Conference Paper, 2017 TARA - Full Text

Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk , Submission on the Proposed Inspectorate for Places of Detention , May, 2017 Report, 2017 TARA - Full Text

Mary Rogan, Inspection and Monitoring of Prisons in the commentary to the European Prison Rules , PCCP Plenary Meeting, Strasbourg, France, 2017 Invited Talk, 2017

Mary Rogan, Correctional oversight: comparing Europe and the USA, American Society of Criminology, Philadelphia, November 2017, 2017 Conference Paper, 2017

Mary Rogan, Revision of the commentary to the European Prison Rules: inspection and monitoring, Council for Penological Cooperation, Strasbourg, November , 2017, Council of Europe Invited Talk, 2017 TARA - Full Text

Mary Rogan, Inspection and monitoring of prisons, Ethics of Vulnerability conference, Dublin, November , 2017, UCD Centre for Ethics in Public Life Invited Talk, 2017

Mary Rogan , Prison inspection: international human rights standards, Skopje, FYRO Macedonia, 2016, Council of Europe Invited Talk, 2016

Mary Rogan , Overuse of imprisonment and minimising prisonisation, International Penal and Penitentiary Foundation Colloquium , Helsinki, Finland, 2016 Invited Talk, 2016

Mary Rogan , 'The Syrian who did us all some service by suing the State" ', The Irish Times , 2016, - Broadcast, 2016 URL

Mary Rogan , Internal Prison Inspection: Human Rights standards and examples of practice in Europe, 2016, - Miscellaneous, 2016

Lynsey Black and Mary Rogan , The Inspector of Prisons' reports into deaths in custody, the National Steering Committee on Deaths in Custody, 2016 Invited Talk, 2016

Ivana Bacik Mary Rogan , Briefing Paper on the findings of 'Changing Ireland, Changing Law , 2016, - Miscellaneous, 2016

Mary Rogan , Current issues in the Irish Prison System, Waterford Institute of Technology, 2016 Invited Talk, 2016

Mary Rogan, Prison Law: remission and visits , Dublin City University/Ireland, 2015 Invited Talk, 2015

Mary Rogan, Penal policy: politics, penal-welfarism and political imprisonment , Pitzer College, California/United States of America., 2015 Invited Talk, 2015

Mary Rogan, Release and visits , Criminal Law Forum of practitioners and academics , King's Inns, Dublin, Ireland, 2015 Invited Talk, 2015

Mary Rogan, Prisons and accountability: the role of rights' protection , Human Rights Centre, National University of Ireland, Galway, 2015 Invited Talk, 2015

Mary Rogan, Prisons and the law, National University of Ireland/Maynooth. , 2015 Invited Talk, 2015

Mary Rogan, Legal issues and solitary confinement: the Irish perspective , American Society of Criminology Conference, Roundtable Sessions, 2015 Invited Talk, 2015

Mary Rogan, Prison inspection: purpose and principles, Kyiv, Ukraine, 2015, Council of Europe Invited Talk, 2015

Mary Rogan , 'La renición de cuentas en nuestras prisones', Justicia+, El Institutio de Justicia Procesal Penal, Mexico, 2015, - Broadcast, 2015 URL

Mary Rogan , Remission of sentences, Constitutional Law: An Update, University College Dublin , 2015 Invited Talk, 2015

Mary Rogan , How Ireland might ratify OPCAT, Conference on Securing Accountability , Dublin, Ireland, 2015, Irish Penal Reform Trust Invited Talk, 2015

Mary Rogan , Parenting and prisons: a human rights perspective, Conference on prison education and re-entry, Dublin Institute of Technology, 2015 Invited Talk, 2015

Mary Rogan, 'What happens when a pregnant woman or nursing mother gets sent to jail', thejournal.ie, 2014, - Broadcast, 2014 URL

Mary Rogan, The Rule of Law and Access to Justice in Prisons, Burren Law School, Burren/Ireland, 2014 Invited Talk, 2014

Mary Rogan , '"Pregnancy, childbirth and motherhood in prison', Pregnancy Research Network , 2014, - Broadcast, 2014 URL

Mary Rogan, Prison Policy in Ireland, School of Law, Trinity College Dublin/Ireland, 2014 Invited Talk, 2014

Mary Rogan, The European Convention on Human Rights and the treatment and transition management of high risk offenders , Justice Cooperation Network, Warnemuende/Germany, 2014 Invited Talk, 2014

Mary Rogan, The role of the courts in Ireland; Improving conditions related to detention, European Rights Academy, Council of Europe, Strasbourg , 2014 Invited Talk, 2014

Mary Rogan, Understanding penal change: north and south , Irish Criminology Conference, University College Dublin/Ireland, 2014 Invited Talk, 2014

Mary Rogan , Models of penal reform, US-European Criminal Justice Innovation Programme, 2014, University of California, San Francisco, Prison Law Office Invited Talk, 2014

Mary Rogan, Driving penal reform, Scottish Association for the Study of Offending, Dunblane/Scotland, 2013 Invited Talk, 2013

Mary Rogan, Rehabilitation, research and reform: Prison policy in Ireland, Martin Tansey Memorial Lecture, Association for Criminal Justice Research and Development, Dublin/Ireland, 2012 Invited Talk, 2012

Mary Rogan, Prison Conditions Under Irish Law and the European Convention on Human Rights , Dublin , 2012, 1-27 Report, 2012 URL

Mary Rogan, Taking Prison Law Cases: A Practical Approach, Dublin , 2012, 1-11 Report, 2012 URL

Rogan, Mary, Deaths in Prison Custody: Information for Families and Others Affected, Dublin , Irish Penal Reform Trust, June, 2012, 1-28 Report, 2012 URL

Mary Rogan, Accountability Structures and the Law Regulating Irish Prisons , Dublin , Irish Penal Reform Trust , June, 2012, 1-29 Report, 2012

Mary Rogan, The Determinants of Penal Policy in Ireland, Society for the Study of Deviance and Social Control, Chambery/France, 2011 Invited Talk, 2011

Mary Rogan, , , 1998 Journal Article, 1998

Research Expertise

Projects

  • Title
    • Prisons: the rule of law, accountability and rights
  • Summary
    • This project aims: 1. To find out whether 'accountability' is a distinctive norm of the European legal system, and what European prison law and policy requires regarding the oversight and monitoring of prisons; 2. To find out how accountability is experienced by prisoners, prison staff and staff of bodies such as Ombudsmen, inspectors, and bodies which deal with complaints; 3. To create a typology of accountability bodies in European prison systems, and examine the relationship between the presence of such bodies and other indicators of prison regimes. Dr. Rogan will lead a team of three postdoctoral researchers, two PhD students, an MPhil student and a research assistant to carry out the work.
  • Funding Agency
    • European Research Council
  • Date From
    • 2016
  • Date To
    • 2021
  • Title
    • Towards pre-trial detention as ultima ratio?
  • Summary
    • This project examines the use of pre-trial detention and alternatives to such detention across Europe. It involves work in Ireland, Romania, Austria, Germany, Lithuania and the Netherlands. It will analyse pre-trial detention practices, with a particular focus on decisions which have a cross-border element,
  • Funding Agency
    • European Commission DG Justice
  • Date From
    • 2016
  • Date To
    • end 2017
  • Title
    • Leadership, culture and managing prisons: knowledge exchange between the USA and Europe
  • Summary
    • LEADERS will build a global network of innovative prison leaders engaged in progressive reforms to prison systems, the NGO partner, the Irish Penal Reform Trust, and the academic and NGO sectors in Ireland and the USA. LEADERS provides masterclasses and opportunities for reflection by prison leaders in selected US states and European countries. Participants will be invited to take part in research examining the challenges faced by prison leaders. LEADERS fulfils a core aim of the NGO partner - to support prison leadership to implement policy change.
  • Funding Agency
    • Irish Research Council
  • Date From
    • 01/01/17
  • Date To
    • 30/09/17

Keywords

accountability in prisons; human rights in prison; Prison; Prison Law; prison oversight; prison policy; prison policy in ireland; Prisoner health

Recognition

Representations

Book review editor and member of international editorial board, Howard Journal of Crime and Justice 09/18 -

Member of the inaugural Department of Justice and Equality Research Advisory Group 07/18 -

Reviewer, Child and Family Law Quarterly 2018

Appointed by the Tánaiste and Minister for Justice and Equality as Chairperson of the Implementation and Oversight Group for the Report of the Strategic Review Group on Penal Policy 2015 -

Appointed by the Central Statistics Office to the Expert Group on Crime Statistics 2015 -

Appointed by the Minister for Justice and Equality to the Working Group conducting a Strategic Review of Penal Policy in Ireland 2014

Chairperson, Irish Penal Reform Trust (foremost NGO on penal affairs in Ireland) 2010 - 2014

Elected to the International Penal and Penitentiary Foundation in respect of Ireland: advisory body to the United Nations 2013 -

Board member, Irish Association for the Social Integration of Offenders 2010-

Member of the interim Board of the Victims' Rights Alliance 2016 -

Chairperson, Advisory Board, Prisoner Support Network (Pathways Project and Care After Prison) 2015

Invited research collaborator, Confederation of European Probation 2017 -

External Examiner, School of Law and Government, Dublin City University/Ireland: LLB (Law and Society) and LLM programmes 2015 -

External Examiner, Criminal Justice, Waterford Institute of Technology/Ireland 2015 -

Reviewer, Palgrave Macmillan 2014 -

Reviewer, University of Monash Law Review 2014 -

Reviewer, Routledge 2012 -

External Examiner, Sligo Institute of Technology, (Higher Certificate in Custodial Care, Law programmes) 2010 - 2014

External Examiner, Letterkenny Institute of Technology (Law) 2009 - 2012

Academic Advisor, Trinity College Law Review 2006 -

Organiser of a public event on 'Changing Ireland, Changing Law' selected for inclusion in PROBE: Research Uncovered event at Trinity College Dublin/Ireland 2016

Presented to the Joint Oireachtas Committee on Justice, Defence and Equality on research into public interest law and strategic litigation 2015

Invited contributor, Prison Health and Policy Workshop, organised by Dr. Catherine Cox, UCD and Prof Hilary Marland, University of Warwick, funded by the Wellcome Trust 2017

Presentation on "The impact of ERC funding", European Research Council Day, Royal Irish Academy, Dublin/Ireland 2016

Chair of roundtable on parole reform, organised by the Irish Penal Reform Trust, Dublin/Ireland 2016

Invited participant in "Public Criminology" session, Waterford Institute of Technology Autumn Criminology School, Blackwater Castle/Ireland 2016

Honorary Lifetime Member, Irish Penal Reform Trust 2014 -

Awards and Honours

British Institute of International and Comparative Law Visiting Fellowship 2014

Teaching Excellence Award/Dublin Institute of Technology 2012

James Murnaghan Memorial Prize/Honorable Society of King's Inns 2010

Simms' prize for best performance in BCL examination in Crime, Justice and the Penal System/University of Oxford 2004

Trinity College Postgraduate Studentship/Trinity College Dublin 2004-2007

Graduate Bursary/University of Oxford 2004

Selected by Trinity College Dublin to participate in the LFHE Aurora programme 2016-2017

Réalt Scholarship/Dublin Institute of Technology 2008-2010

Memberships

Barrister-at-Law 2011

Director, Irish Association for the Social Integration of Offenders 2012

Chairperson, Irish Penal Reform Trust 2010 – 2014

Member, Division on Corrections and Sentencing, American Society of Criminology 2012 – 2017

Member, Irish Women Lawyers' Association 2015

Member of the interim Board, Victims' Rights Alliance 2016

Member of the Irish Association for Criminal Justice Research and Development 2015

Convenor, 'Cultural and Legal Lives of Incarceration' Network, Law and Society Association 2011 – 2013

Member of the International Society for Public Law 2017

Researchers


Tom Kelly

Abd Hakim Abd Razak

Rachael Widdis