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Staff Publications - School of Law

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Staff research involves rigorous theoretical engagement and critical analysis leading to research outputs published by leading national and international academic presses.

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92 publications from 2009

Brian Barry, Modernising the Law on Pre-Nuptial Agreements in Ireland, Trinity College Law Review, 12, 2009, p80-
Journal Article; Published; Non Peer Reviewed; Author Profile: BARRYB7

Christiane Ahlborn and James Headen Pfitzer, Transparency and Public Participation in WTO Dispute Settlement, Bergen, Center for International Environmental Law, 2009
Report; Published; Non Peer Reviewed; Author Profile: AHLBORNC; URL

Michael A Becker, The Law of the Sea and Russia"s Claims in the Arctic Circle, Symposium on Russia and the Rule of Law, American University, Washington College of Law, 11 February, 2009
Invited Talk; Published; Non Peer Reviewed; Author Profile: BECKERMA

Michael A Becker, International Law of the Sea, International Lawyer, 43, 2009, p915 - 928
Journal Article; Published; Peer Reviewed; Author Profile: BECKERMA; URL

Felix E Mezzanotte, The Downsides of Using Article 9 Decisions to Resolve Concerns of Tacit Collusion, Workshop, Tilburg Law and Economics Centre, Tilburg University, Netherlands, May, 2009
Invited Talk; Presented; Non Peer Reviewed; Author Profile: MEZZANOF

Felix E Mezzanotte, Using Article 9 Decisions to Fight Tacit Collusion: A Viable Tool for the Commission?, Workshop, ESRC Centre for Competition Policy, University of East Anglia (UEA), United Kingdom, June, 2009
Invited Talk; Presented; Non Peer Reviewed; Author Profile: MEZZANOF

Aileen Kavanagh, Strasbourg, the House of Lords, or Elected Politicians: Who Decides about Rights after Re P?, 72, 2009, p828 - 843
Journal Article; Published; Peer Reviewed; Author Profile: KAVANA23

Aileen Kavanagh, Constitutional Review, the Courts, and Democratic Scepticism, Current Legal Problems, 62, 2009, p102 - 135
Journal Article; Published; Peer Reviewed; Author Profile: KAVANA23

Aileen Kavanagh, Judging the Judges under the Human Rights Act: Deference, Disillusionment and the "War on Terror", Public Law, 2009, p287 - 304
Journal Article; Published; Peer Reviewed; Author Profile: KAVANA23

Aileen Kavanagh, Constitutional Review under the UK Human Rights Act, Cambridge, Cambridge University Press, 2009, 1 - 450pp
Book; Published; Peer Reviewed; Author Profile: KAVANA23

Felix E Mezzanotte, Es La Collusión Tácita Ilegal? El caso Sony/BMG, LA LEY, 2009
Journal Article; Published; Peer Reviewed; Author Profile: MEZZANOF

Felix E Mezzanotte, Tacit Collusion as Economic Links in Article 82 EC. Revisited., European Competition Law Review, 30, (3), 2009, p136 - 141
Journal Article; Published; Peer Reviewed; Author Profile: MEZZANOF

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; Published; Peer Reviewed; Author Profile: ROGANMA

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; Published; Peer Reviewed; Author Profile: ROGANMA

Mary Rogan, Prison policy in Ireland: an historical overview, Prison Service Journal, 186, 2009, p3-13-
Journal Article; Published; Peer Reviewed; Author Profile: ROGANMA

U Archibong, M Bell and L Waddington, Exploring positive action from a legal perspective in EU and non-EU countries', International Journal of Diversity in Organisations, Communities and Nations , 9, 2009, p43 - 53
Journal Article; Published; Peer Reviewed; Author Profile: BELLM1

Researcher, Report of the Working Group on a Court of Appeal, Ireland, Courts Service, 2009
Report; Published; Non Peer Reviewed; Author Profile: ONEILLA4

Geoffrey Shannon and Eoin O'Dell, Law and Practice: Essays on Reform, Dublin, Clarus Press, 2009, 1-479pp
Book; Published; Peer Reviewed; Author Profile: ODELLE

Rachael Walsh , The Constitution, Property Rights and Proportionality - A Reappraisal, Dublin University Law Journal , 31, 2009, p1-
Journal Article; Published; Peer Reviewed; Author Profile: WALSHR1

Valiulis, Redmond, Bacik, Rogan, Woods, O'Driscoll, Brooke Hughes, Interdisciplinary Report on Prostitution in Ireland, Dublin, Irish Human Rights Commission, April, 2009, 1, 260
Report; Published; Non Peer Reviewed; Author Profile: ICBACIK

David Kenny, Goshawk Dedicated Ltd v Life Receivables Ireland Ltd - Jurisdiction, Lis Alibi Pendens and Problematic Use of the Brussels Regime, Trinity College Law Review, 12, 2009, p1-
Journal Article; Published; Non Peer Reviewed; Author Profile: KENNYD4

Social Welfare Law 2008 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2008, Dublin, Round Hall, 2009, pp581 - 586, [Gerry Whyte]
Book Chapter; Published; Non Peer Reviewed; Author Profile: GWHYTE

Palmer's Company Law, Sweet & Maxwell, [eds.], 2009-2018
Editorial Board; Published; Non Peer Reviewed; Author Profile: CLARKEBL

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; Published; Peer Reviewed; Author Profile: CLARKEBL

B.Clarke, The Takeovers Directive - Is a Little Regulation Better Than No Regulation?, European Law Journal , 15, (2), 2009, p174-
Journal Article; Published; Peer Reviewed; Author Profile: CLARKEBL

B.Clarke, Insider Dealing: Getting Under the Skin of Fyffes Plc v DCC Plc & Others, Journal of Business Law , 2009, p68-
Journal Article; Published; Peer Reviewed; Author Profile: CLARKEBL

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; Published; Peer Reviewed; Author Profile: CLARKEBL

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; Published; Peer Reviewed; Author Profile: CLARKEBL

Oran Doyle, The Human Personality Doctrine in Constitutional Equality Law, Irish Student Law Review, 9, 2009, p101-
Journal Article; Published; Non Peer Reviewed; Author Profile: OJDOYLE

Employment Law Review, Dublin, Firstlaw, [eds.], 2009
Editorial Board; Published; Non Peer Reviewed; Author Profile: NCOX

Neville Cox, Recent developments in the rules relating to Workplace Stress, Quarterly Review of Tort Law, 3, (3), 2009, p17 - 27
Journal Article; Published; Non Peer Reviewed; Author Profile: NCOX

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; Published; Peer Reviewed; Author Profile: ONEILLA4

David Prendergast, One Person, One Vote in Ireland and the United States, Inaugural Conference of the Irish Society of Comparative Law, University of Limerick, 27-28 February 2009, 2009
Conference Paper; Published; Non Peer Reviewed; Author Profile: DPRENDER

David Prendergast, Tensions in the Pursuit of Equality of Representation - Judicial Review of Electoral Constituencies, Centre for Criminal Justice and Human Rights Third Annual Postgraduate Conference, University College Cork, UCC, 30 April 2009, 2009
Conference Paper; Published; Non Peer Reviewed; Author Profile: DPRENDER

Alan DP Brady , Review of European Convention on Human Rights Act: Operation, Impact and Analysis, by Fiona de Londras and Cliona Kelly , Irish Jurist, 44, 2009
Review; Published; Non Peer Reviewed; Author Profile: BRADYA8

Dignity as a Core Constitutional Concept in, editor(s)Binchy, William and Quansah, Emmanuel , Judicial Protection of Human Rights in Botswana, Dublin, Clarus Press, 2009, pp159 - 186, [Binchy, William]
Book Chapter; Published; Peer Reviewed; Author Profile: WBINCHY

Binchy, William and Byrne, Raymond with specialist contributors, Annual Review of Irish Law 2008, Dublin, Roundhall, 2009, vii-xxix, 1-647pp
Book; Published; Peer Reviewed; Author Profile: WBINCHY

The Constitution of Timor Leste in Comparative Perspective in, editor(s)Binchy, William , Timor- Leste Challenges for Justice and Human Rights in the Shadow of the Past, Dublin, Clarus Press, 2009, pp261 - 290, [Binchy, William]
Book Chapter; Published; Peer Reviewed; Author Profile: WBINCHY

Recent Developments in the Law on Search Warrants in, editor(s)Bacik, Ivana and Heffernan, Liz , Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, pp35 - 52, [Bacik, Ivana]
Book Chapter; Published; Peer Reviewed; Author Profile: ICBACIK

Cox, Neville with Ryan, Des and Corbett, Val, Employment Law in Ireland, Dublin, Clarus Press, 2009, 1 - 1027pp
Book; Published; Peer Reviewed; Author Profile: NCOX

Doyle, Oran and Scannell, Yvonne, Town and County Planning and Natura 2000 in Ireland, Amenagement du Territoire Urbanisme et Reseau Natura 2000, 11, 2009, p190 - 206
Journal Article; Published; Non Peer Reviewed; Author Profiles: HSCNNELL OJDOYLE

Employment Law in, editor(s)Professor William Binchy Raymond Byrne, Director of Research, Law Reform Commission , Annual Review of Irish Law 2008, Dublin, Thomson Round Hall, 2009, pp311 - 324, [Des Ryan]
Book Chapter; Published; Non Peer Reviewed; Author Profile: DRYAN14

Schuster, Alex, Tortious Liability for Defective Pharmaceutical and Medical Products, Quarterly Review of Tort Law, 4, (4), 2009, p12 - 22
Journal Article; Published; Peer Reviewed; Author Profile: ASCHUSTR

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; Presented; Non Peer Reviewed; Author Profile: DONNELC2

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; Presented; Non Peer Reviewed; Author Profile: DONNELC2

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; Presented; Non Peer Reviewed; Author Profile: DONNELC2

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; Presented; Non Peer Reviewed; Author Profile: DONNELC2

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; Presented; Non Peer Reviewed; Author Profile: DONNELC2

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; Presented; Non Peer Reviewed; Author Profile: DONNELC2

Donnelly, Catherine, Problems of Legitimacy in Contracting Out and Privatization, Sorbonne, Paris, 24 October 2009, 2009
Invited Talk; Presented; Non Peer Reviewed; Author Profile: DONNELC2

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; Published; Peer Reviewed; Author Profile: DONNELC2

Donnelly, Catherine, Remedies in Public Procurement Law in Ireland, Public Procurement Law Review, 1, 2009, p18 - 41
Journal Article; Published; Peer Reviewed; Author Profile: DONNELC2

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; Published; Peer Reviewed; Author Profile: DONNELC2

Desmond Ryan, Connections without consensus: recent approaches to vicarious liability in the Irish Supreme Court, Dublin University Law Journal, 31, (1), 2009, p457 - 472
Journal Article; Published; Peer Reviewed; Author Profile: DRYAN14

MacMaoláin, C, The application of EU Law in food safety crises , The European Union and Global Emergencies International Conference, Durham, UK, 2009, 2009
Conference Paper; Published; Non Peer Reviewed; Author Profile: MACMAOLC

MacMaoláin, C, Communication with consumers on the composition and nutritional benefits of foodstuffs in the European Union, European Food and Feed Law Conference, Apulia, Italy, 2009, 2009
Conference Paper; Published; Non Peer Reviewed; Author Profile: MACMAOLC

MacMaoláin, Legal responses to climate change: developing a carbon label for the EU, World Bank and World Trade Organisation International Conference on Climate Change, Washington DC, USA, 2009, 2009
Conference Paper; Published; Non Peer Reviewed; Author Profile: MACMAOLC

MacMaoláin, C, Out with the old: Court of Justice seeks to clarify when dismissal based on age may be legitimate, Employment Law Review, 1, (1), 2009, p62 - 67
Journal Article; Published; Peer Reviewed; Author Profile: MACMAOLC

MacMaoláin, C, Engaging employees in collective redundancy negotiations: the recent decision in Akavan v Fujitsu, Employment Law Review, 1, (2), 2009, p140 - 145
Journal Article; Published; Peer Reviewed; Author Profile: MACMAOLC

MacMaoláin, C, Access to legal traineeships in other Member States: significance of the decision in Pesla, Employment Law Review, 1, (3), 2009, p234 - 237
Journal Article; Published; Peer Reviewed; Author Profile: MACMAOLC

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; Published; Peer Reviewed; Author Profile: DONNELC2

Neville CoxVal CorbettDesmond Ryan, Employment Law in Ireland, 1st, Dublin, Clarus Press, 2009, 1-892pp
Book; Published; Peer Reviewed; Author Profile: DRYAN14

Fixed-Term Workers in, editor(s)Maeve Regan , Employment Law, Dublin, Tottel Publishing, 2009, pp305-334 , [Des Ryan]
Book Chapter; Published; Peer Reviewed; Author Profile: DRYAN14

Part-Time Workers in, editor(s)Maeve Regan , Employment Law, Dublin, Tottel Publishing, 2009, pp281-303 - [Des Ryan]
Book Chapter; Published; Peer Reviewed; Author Profile: DRYAN14

Vicarious Liability in, editor(s)Maeve Regan , Employment Law, Dublin, Tottel Publishing, 2009, pp265-280 , [Des Ryan]
Book Chapter; Published; Peer Reviewed; Author Profile: DRYAN14

Bullying, Harassment and Stress at Work in, editor(s)Maeve Regan , Employment Law, Dublin, Tottel Publishing, 2009, pp231-264 , [Des Ryan]
Book Chapter; Published; Peer Reviewed; Author Profile: DRYAN14

Binchy, William, ed, Timor-Leste: Challenges for Justice and Human Rights in the Shadow of the Past, Dublin, Clarus Press, 2009, v-xi, 1-604pp
Book; Published; Peer Reviewed; Author Profile: WBINCHY

Binchy, William and Quansah, Emmanuel, The Judicial Protection of Human Rights in Botswana, Dublin, Clarus Press, 2009, 418pp
Book; Published; Peer Reviewed; Author Profile: WBINCHY

Binchy, William and Ahern, John, eds, , The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: A New Regime, 1st, Leiden, Brill, 2009, xi - 480pp
Book; Published; Peer Reviewed; Author Profile: WBINCHY

Symmons, Clive R, The maritime border areas of Ireland: an assessment of present jurisdictional ambiguities and international precedents relating to delimitation of "border bays", The International Journal of Marine and Coastal Law, 24, 2009, p457-500
Journal Article; Published; Peer Reviewed; Author Profile: CSYMMONS

Criminal Evidence in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2008, Dublin, Round Hall, 2009, pp245 - 272, [Liz Heffernan]
Book Chapter; Published; Non Peer Reviewed; Author Profile: HEFFERL

The Retention of DNA and Fingerprint Data in, editor(s)I.C. Bacik and L. Heffernan , Criminal Law and Procedure: Current Issues and Emerging Trends , Dublin, First Law, 2009, pp163 - 173, [Liz Heffernan]
Book Chapter; Published; Non Peer Reviewed; Author Profile: HEFFERL

The Duty to Preserve Evidence in, editor(s)I.C. Bacik and L. Heffernan , Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, pp53 - 71, [Liz Heffernan]
Book Chapter; Published; Non Peer Reviewed; Author Profile: HEFFERL

I.C. Bacik and L. Heffernan, Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, 1 - 178pp
Book; Published; Peer Reviewed; Author Profiles: HEFFERL ICBACIK

Liz Heffernan, DNA and fingerprint data retention: S and Marper v UK, European Law Review, 34, (3), 2009, p491 - 504
Journal Article; Published; Peer Reviewed; Author Profile: HEFFERL

L. Heffernan and M. coen, The Reliability of Expert Evidence: Reflections on the Law Commission's Proposals for Reform, Journal of Criminal Law, 73, 2009, p488 - 507
Journal Article; Published; Peer Reviewed; Author Profile: HEFFERL

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2008, Dublin, Round Hall Thomson, 2009, pp122 - 182, [Oran Doyle and Estelle Feldman]
Book Chapter; Published; Non Peer Reviewed; Author Profile: OJDOYLE

Oran Doyle, Legal Positivism, Natural Law and the Constitution, Dublin University Law Journal, 31, (1), 2009, p206 - 227
Journal Article; Published; Peer Reviewed; Author Profile: OJDOYLE

Patricia Brazil, "Recent issues in Refugee Family Reunification under Irish Law", Dublin University Law Journal, 2009, (1), 2009, p412 - 420
Journal Article; Published; Peer Reviewed; Author Profile: PBRAZIL

"Asylum & Immigration Law" in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2008, Ireland, Thomson Round Hall, 2009, pp1 - 28, [Patricia Brazil and Nuala Egan]
Book Chapter; Published; Non Peer Reviewed; Author Profile: PBRAZIL

"Delay in the Prosecution of Sexual Offences" in, editor(s)Liz Heffernan and Ivana Bacik , Criminal Law and Procedure: Current Issues and Emerging Trends, Ireland, First Law, 2009, pp52 - 64, [Patricia Brazil]
Book Chapter; Published; Peer Reviewed; Author Profile: PBRAZIL

Delany, H, Is there a future for proprietary estoppel as we know it?, Dublin University Law Journal, 31, 2009, p440 - 457
Journal Article; Published; Peer Reviewed; Author Profile: HBIEHLER

Deirdre Ahern, Directors' Duties: Law and Practice, Dublin, Round Hall, 2009, 1-700pp
Book; Published; Peer Reviewed; Author Profile: DAHERN

Deirdre Ahern, The Responsible Director in an Economic Downturn: Lessons from the Restriction Regime, Dublin University Law Journal, 31, 2009, p183 - 205
Journal Article; Published; Peer Reviewed; Author Profile: DAHERN

Delany, H., Trustee Exemption Clauses - Proposals for Regulation, Trust Law International, 23, (2), 2009, p91 - 102
Journal Article; Published; Peer Reviewed; Author Profile: HBIEHLER

"Rome II: Implications for Irish Tort Litigation" in, editor(s)J. Ahern and W. Binchy , The Rome II Regulation Governing Non-Contractual Obligations, Leiden, Brill Publishers, 2009, pp257 - 276, [Liz Heffernan]
Book Chapter; Published; Peer Reviewed; Author Profile: HEFFERL

Liz Heffernan, "Evidence and National Security: Belief Evidence Before the Irish Special Criminal Court", European Public Law, 15, (1), 2009, p65 - 87
Journal Article; Published; Peer Reviewed; Author Profile: HEFFERL

Deirdre Ahern, The Formation of Insurance Contracts and the Duty of Insurers, Commercial Law Practitioner, 16, (4), 2009, p84 - 87
Journal Article; Published; Peer Reviewed; Author Profile: DAHERN

MacMaoláin, C, Difficult derogations, non-standardisation and the phantom 'rule of reason': the negative impact of free movement law and policy on the quality and nutritional value of food in the EU, European Journal of Consumer Law, 2009, (1), 2009, p125 - 147
Journal Article; Published; Peer Reviewed; Author Profile: MACMAOLC

Delany, H, Judicial Review of Administrative Action: A Comparative Analysis, 2nd, Dublin, Thomson Round Hall, 2009, 1 - 489pp
Book; Published; Peer Reviewed; Author Profile: HBIEHLER

Delany, H., The relevance of the availability of an alternative remedy in judicial review proceedings, Irish Law Times, 27, 2009, p10 - 13
Journal Article; Published; Peer Reviewed; Author Profile: HBIEHLER

'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; Published; Peer Reviewed; Author Profile: DONNELC2