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Technologies, Law and Society

Welcome

The Technologies, Law, and Society (TLS) Research Group brings together researchers working on issues at the intersection of law and technology. This includes research in the areas of information technology law, intellectual property law, health and medical law, bioethics, data protection, privacy, and security of information. TLS is also interested in the appropriate regulation of new, emerging, and disruptive technologies, (including Fin Tech, direct-to-consumer genetic tests, wearable technology and the Internet of Things, reproductive technologies, and AI) as well as the ethical and liability issues raised by particular technologies and their societal impact.

Convenor


Prof. Deirdre Ahern


Dr. Deirdre Ahern
Associate Professor, Law

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

News and Events

A warm welcome to Professor Félix Mezzanotte.

The Technologies, Law and Society Research Group welcomes Dr Félix Mezzanotte, Assistant Professor in Financial Services Law as its newest member. His recent FinTech work has focused on the interaction between crypto-assets and securities regulation.

1st Year PhD student Lucia della Ventura recipient of Women Who Wow Award.

Congratulations to Lucia della Ventura, a first year PhD student under the superision of Professor Deirdre Ahern at the School of Law carrying out research on legal liability for Artificial Intelligence. Lucia is the recipient of a Women Who Wow award and is being mentored on the development of her business idea that focuses on providing Blockchain service solutions by means of smart contract transactions.

Free public lecture hosted the Technologies, Law and Society Researh group. 23 March 2020

Professor Jeanne Fromer of NYU law faculty is co-director of the Engelberg Center on Innovation Law and Policy. She specializes in intellectual property, including copyright, patent, trademark, trade secret, and design protection laws. Her scholarship studies trade secret and copyright laws in light of growing uses of artificial intelligence; the ways that copyright and trademark holders take intellectual property into their own hands; the claiming systems for design protection pursuant to copyright, design patent, and trademark laws; and the protectability of fashion designs in intellectual property. For more information on the event please check here.

To register for this event please reserve your place via our Eventbrite page here.

Professor Deirdre Ahern appointed as a member of European Commission’s Informal Company Law Expert Group for 2020-2024.

The School of Law welcomes the appointment of Dr Maria Grazia Porcedda, as Assistant Professor of Information Technology.

Professor Deirdre Ahern has been appointed to a research project at the National University of Singapore on AI and Private Law.

Past Events

Getting Ready for the GDPR - CPD Event - Wednesday, 9th May 2018 This panel event will provide a timely update on the General Data Protection Regulation (GDPR), which comes into force on the 25th of May 2018. Our speakers will cover a number of important topics including: state of play on the GDPR in the Irish context; data protection damages; the new Irish Data Protection Bill; and issues raised by emerging technologies, focusing on the example of commercial genetic tests.

Intelligent Machines: Who (or What) Creates a Work of Authorship? Guest lecture by Professor Jane C. Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia University (School of Law), on Thursday, 25 January 2018

Academic Members


Deirdre Ahern


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

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

David Fennelly


Biography

I am a legal scholar and practitioner with an interest in the law in its European and international context and in the interaction between the study of law and legal practice.

In the Law School, I am responsible for the Clinical Legal Education programme which works in partnership with a wide range of leading legal practice settings across the public, private and not-for-profit sectors. In addition, I co-teach an LLM course on Data Protection: Law, Policy and Practice. I have taught EU and International Law on the LLM programme and coordinated the Foundations of Law course for Junior Freshman students.

My research interests are primarily in the field of public law in its European and international dimensions, with particular interest in human rights, equality, data protection and foreign affairs. I am also interested in more general issues relating to the legal system (particularly access to justice), the legal profession and legal education.

In addition to my academic work, I am a practising barrister in the Law Library, Dublin. Drawing on my academic expertise, I have a special interest in EU and international law, particularly in the fields of human rights, equality and data protection, and regularly appear in proceedings before the Irish superior courts and the Court of Justice of the European Union.

Publications and Further Research Outputs

Peer-Reviewed Publications

Article 26, ICCPR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary, Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

Articles 1-4, 11, CEDAW in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

Articles 2 and 7, ICESCR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

Articles 1, 2 and 5, CEDR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

RELUCTANT REFORMERS? FORMALISING JUDICIAL REGULATION IN IRELAND in, editor(s)Richard Devlin and Adam Dodek , REGULATING JUDGES: BEYOND INDEPENDENCE AND ACCOUNTABILITY, Edward Elgar, 2016, [Fennelly, D.] Book Chapter, 2016

David Fennelly, Cape Town Convention and International Sanctions, Cape Town Convention Academic Project, Oxford, 8/9 September 2015, 2015, University of Oxford - University of Washington - Invited Talk, 2015

David Fennelly, Cape Town Convention and international sanctions: the case of European Union sanctions against Russia, Cape Town Convention Journal, 2015, p1 - 20 Journal Article, 2015

Fennelly, Penser par cas: A Common Law Perspective, Revue interdisciplinaire d'études juridiques, 73, 2014, p155 - 172 Journal Article, 2014

David Fennelly, International Law in the Irish Legal System, Dublin, Thomson Reuters Round Hall, 2014 Book, 2014

David Fennelly, Selected Issues in Irish Equality Case Law 2008-2011, Dublin, Equality Authority, January, 2013, p1 - 110 Report, 2013 URL

Non-Peer-Reviewed Publications

Fennelly, D., The Public Sector Duty: the Irish Context and Potential Implications, FLAC Conference on the legal implications of the public sector duty in Irish law, Dublin, 19 October 2018, 2019 Conference Paper, 2019

Fennelly, D., The Irish Legal System and Irish Legal Profession, Boston College, Dublin, Dublin, 15 January 2019, 2019, Boston College Invited Talk, 2019

Fennelly, D., Data Retention: the Life, Death and Afterlife of a Directive , ERA Forum, 2018, p1 - 20 Journal Article, 2018

Fennelly D, Practitioners and Professors: the Irish Experience, IJCLE - ENCLE - CLEO Annual Conference, Northumbria - Newcastle UK, 3-5 July 2015, 2017 Conference Paper, 2017

David Fennelly, Data Retention - national and international perspectives, Academy of European Law - Annual Conference on Criminal Justice, Trier, Germany, 24/25 October 2017, 2017 Conference Paper, 2017

Fennelly D, The CJEU and the Political Organs in Data Protection Governance - Striking the Right Balance?, ICON-S Annual Conference , Copenhagen, 7 July 2017, 2017 Conference Paper, 2017

Fennelly D, Report on National employment services: National Report - Ireland, FRESSCO ANNUAL COMPARATIVE REPORT, Ghent, FRESSCO, JULY 2017, 2017, p1 - 10 Report, 2017

Fennelly, D., Protection from victimisation in the context of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers: Report for Ireland, FresSco, 2016, 1-11 Report, 2016

Fennelly, D., "Protecting Fundamental Rights in the Fight Against Cybercrime", , Academy of European Law/Irish Centre for European Law/Law Society of Ireland Conference,, Dublin Castle, 11 May 2016, 2016 Conference Paper, 2016

Fennelly, D., "Managing Data's Borders: Towards a Global Framework for Data Protection?",, International Society of Public Law (ICON-S) Conference, , Humboldt University Berlin, 18 June 2016, 2016 Conference Paper, 2016

FENNELLY, D., "Ever the Adversary?: the Legal Services Regulation Act 2015 and the Irish Legal Profession", International Legal Ethics Conference VII, , Fordham Law School, , 15-17 July 2016, 2016 Conference Paper, 2016

Fennelly, D., National report for Ireland on the application of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers, FreSsco, 2016, 1-16 Report, 2016

David Fennelly, National Report on Free Movement of Persons, Co, July, 2015, p1 - 17 Report, 2015

David Fennelly, Going against the (Transatlantic) Flow? The Search for an Effective Framework for International Data Transfers, LSE IT/Media Group - Specialist Seminar, Department of Law, London School of Economics, 18 November 2015, 2015, Dr. Orla Lynskey Invited Talk, 2015

David Fennelly, Reconciling Regulation and Independence: the Irish Experience, International Legal Ethics Conference IV, City University London, 12/07/2014, 2014 Conference Paper, 2014

David Fennelly, Review of Employment Equality Law , by Bolger, Bruton and Kimber , Dublin University Law Journal, 35, 2013 Review, 2013

David Fennelly, Learning How to Learn from Experience: Exploring the Educational Added Value of Clinical Legal Education, Developing Clinical Legal Education in Ireland Conference, NUI Galway, 26 April 2013, 2013 Conference Paper, 2013

Crotty's Long Shadow: the European Union, the United Nations and the Changing Framework of Ireland's International Relations in, editor(s)Eoin Carolan , The Irish Constitution: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, [David Fennelly] Book Chapter, 2012

Research Expertise

Description

International Law; European Union Law; Constitutional Law Clinical Legal Education; Legal Profession; Law Reform

Keywords

Equality law; EU Law; International Law; Legal Education; Legal Profession, The

Recognition

Representations

Member, Government Data Forum 2015 - present

National Expert - Free Movement, FreSsco (European Commission Network of Experts on Free Movement and Social Security Coordination) 2014 to prsent

Editorial Board, Irish Journal of European Law

Co-Editor, Dublin University Law Journal 2016

Awards and Honours

Visiting Scholar, Trinity Trust Travel Grantee, Lauterpacht Research Centre for International Law, University of Cambridge, 2008 2008

TCD Broad Curriculum Studentship 2007-8

NYU Global Public Interest Fellowship 2005-6

NYU International Law and Human Rights Fellow 2005

NYU Merit Scholar 2004-5

Fulbright Scholar 2004-5

Non-Foundation Scholar 2002-3

Government of Ireland Easter Week Commemoration Patrick Pearse Scholar 2000

Law Research Fund Grant 2014

European Network of Clinical Legal Education/Open Society Initiative Grant 2014

National Institute for Teaching Ethics & Professionalism Fellowship 2014

Memberships

Member, Irish Centre for European Law

Member and former Secretary, Irish Fulbright Alumni Association 2008

Member, European Network for Clinical Legal Education 2014

Maria Gracia Porcedda


Biography

Dr Maria Grazia Porcedda is Assistant Professor of IT Law. Before joining the School of Law at Trinity College Dublin, Maria Grazia was a Research Fellow in the Centre for Criminal Justice Studies at the University of Leeds. Previously Maria Grazia was a Research Associate within the Robert Schuman Centre for Advanced Studies and the Department of Law at the European University Institute in Florence, as well as the Centre de Recherche Information, Droit et Société of the University of Namur. She trained on privacy and security matters at the Organization for Economic Cooperation and Development (OECD, Paris) and the European Data Protection Supervisor (EDPS, Brussels).

Maria Grazia holds a PhD in Law from the European University Institute with a thesis titled "Cybersecurity and Privacy Rights in EU Law. Moving beyond the Trade-off Model to Appraise the Role of Technology". She holds an LL.M. in Comparative, European and International Laws (European University Institute), an M.A. in International Relations (University of Bologna with honours from Collegio Superiore), and a B.A. in Political Science (University of Cagliari). Her early work was awarded prizes by the Lyncean Academy (Accademia Nazionale dei Lincei, Premio Ruffini) and the Italian Information Security Association (CLUSIT). During her studies she also earned grants to visit at various institutions, including Johns Hopkins SAIS, École Normale Supérieure de Lyon and University of California at Berkeley.

Maria Grazia's current research addresses the relationship between law and technology and in particular matters of privacy, data protection, cyber security and cybercrime. Her scholarship is policy-oriented, collaborative and interdisciplinary. In 2018 she advised the EU Directorate General for Development and Cooperation as a Member of the Task Force on Cyber Capacity Building, coordinated by the European Union Institute for Security Studies, with which she has cooperated on matters of cyber security. She has been a member of collaborative interdisciplinary projects funded by the UK Engineering and Physical Sciences Research Council (CRITiCaL), the EU DG Justice and Consumers (CharterClick!) and the EU Seventh Framework Programme (SURVEILLE and SurPRISE). Maria Grazia regularly presents her work at international academic and multi-stakeholder conferences and has published contributions in leading European law and technology venues.

Publications and Further Research Outputs

Peer-Reviewed Publications

Porcedda, Maria Grazia and David S. Wall, Cascade and Chain Effects in Big Data Cybercrime: Lessons from the TalkTalk hack, IEEE European Symposium on Security & Privacy (S&PW), First Workshop on Attackers and Cyber-Crime Operations , Stockholm, 20 June 2019, IEEE, 2019, pp10.1109/EuroSPW.2019.00056 Conference Paper, 2019 DOI

Maria Grazia Porcedda, Patching the patchwork: appraising the EU regulatory framework on cyber security breaches, Computer Law & Security Review, 34, (5), 2018, p1077--1098 Journal Article, 2018

Data science, data crime and the law in, editor(s)Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee , Research Handbook in Data Science and Law, Edward Elgar, 2018, pp214 - 244, [Maria Grazia Porcedda and David S. Wall] Book Chapter, 2018

On Boundaries - Finding the Essence of the Right to the Protection of Personal Data in, editor(s)Ronald Leenes, Rosamunde van Brakel, Serge Gutwirth, Paul De Hert , Data Protection and Privacy. The Internet of Bodies, Hart Publishing, 2018, pp277 - 312, [Maria Grazia Porcedda] Book Chapter, 2018 URL

Maria Grazia Porcedda, `Privacy by Design' in EU Law. Matching Privacy Protection Goals with the Essence of the Rights to Private Life and Data Protection, Lecture Notes in Computer Science, 6th Annual Privacy Forum (APF 2018), Barcelona, 13-14 June 2018, Manel Medina, Andreas Mitrakas, Prof. Dr. Kai Rannenberg, Erich Schweighofer and Nikolaos Tsouroulas , 11079, Springer, 2018, pp183 - 204 Conference Paper, 2018

Patryk Pawlak, Dr. Andrea Calderaro, Alejandro Pinto, Maria Grazia Porcedda, Cristina Schulman, Thorsten Wetzling, International Cooperation and Development Operational Guidance for the EU's international cooperation on cyber capacity building, Luxembourg, 2018 Report, 2018

Maria Grazia Porcedda, Cybersecurity and privacy rights in EU law. Moving beyond the trade-off model to appraise the role of technology, European University Institute, 2017 Thesis, 2017 URL

The manifold significance of citizens' legal recommendations on privacy, security and surveillance in, editor(s)Michael Friedewald, J. Peter Burgess, Johann Čas, Rocco Bellanova, Walter Peissl , Surveillance, Privacy and Security Citizens' Perspectives, Routledge, 2017, pp191 - 211, [Maria Grazia Porcedda] Book Chapter, 2017

The Recrudescence of `Security v. Privacy' after the 2015 Terrorist Attacks, and the Value of `Privacy Rights' in the European Union in, editor(s)Elisa Orrù, Maria Grazia Porcedda and Sebastian Weydner-Volkmann , Rethinking Surveillance and Control. Beyond the 'Security vs. Privacy' Debate, Nomos Verlagsgesellschaft mbH & Co. KG, 2017, pp137-180 , [Maria Grazia Porcedda] Book Chapter, 2017 DOI

Regulation of data breaches in the European Union: Private companies in the driver's seat of cybersecurity? in, editor(s)Oldrich Bures and Helena Carrapico , Security Privatization: How Non-Security-Related Private Businesses Shape Security Governance, 2017, pp275 - 299, [Maria Grazia Porcedda] Book Chapter, 2017

Elisa Orrù Maria Grazia Porcedda Sebastian Weydner-Volkmann, Rethinking Surveillance and Control. Beyond the 'Security vs. Privacy' Debate, Nomos Verlag, 2017 Book, 2017

Maria Grazia Porcedda, Rule of Law and Human Rights in Cyberspace, in P. Pawlak (ed), Riding the Digital Wave, Issue, Issue, 21, Paris, European Union Institute for Security Studies, December, 2014 Report, 2014

Maria Grazia Porcedda, Lessons from PRISM and Tempora: the self-contradictory nature of the fight against cyberspace crimes. Deep packet inspection as a case study, Neue Kriminalpolitik, 25, (4), 2013, p305-409 Journal Article, 2013 URL

Maria Grazia Porcedda, Data Protection and the Prevention of Cybercrime: a Dual Role for Security Policy in the EU, European University Institute, 2012 Thesis, 2012 URL

Law enforcement in the clouds: Is the EU data protection legal framework up to the task? in, editor(s)Serge Gutwirth, Ronald Leenes, Paul de Hert, Yves Poullet , European Data Protection: In Good Health?, 2012, pp203 - 232, [Maria Grazia Porcedda] Book Chapter, 2012

Maria Grazia Porcedda, Data Protection and the Prevention of Cybercrime. The EU as an Area of Security?, 2011 Working Paper, 2011 URL

Maria Grazia Porcedda, Transatlantic Approaches to Cybersecurity and Cybercrime, in P. Pawlak (ed), The EU-US Security and Justice Agenda in Action, Chaillot Papers, Paris, European Union Institute for Security Studies, 2011 Report, 2011

Non-Peer-Reviewed Publications

Maria Grazia Porcedda, 'Under the radar': the dangers of ordinary data processing in easing pandemic lockdown. Available at: https://www.youtube.com/watch?v=HaejkT6_SSE, Data Protection and the Covid-19 pandemic, Online, 30 June, 2020, Irish Centre for European Law Invited Talk, 2020

Maria Grazia Porcedda, Under the radar: lessons from ordinary data processing in easing pandemic lockdown. Available at: https://tcdlaw.blogspot.com/2020/07/under-radar-lessons-from-ordinary-data.html , 2020, - Miscellaneous, 2020

Maria Grazia Porcedda, Businesses need to be careful with personal data during pandemic. The Irish Times, 20 July 2020. Available at: https://www.irishtimes.com/opinion/businesses-need-to-be-careful-with-personal-data-during-pandemic-1.4308278, 2020, - Miscellaneous, 2020

Maria Grazia Porcedda, Privacy, data protection and selfhood, Self in the Digital World seminar, Long Room Hub, 25 February, 2020 Invited Talk, 2020

Maria Grazia Porcedda, Prosecuting Cybercrime: Courts, Data Crime and the Cascade Effect, 2nd Conference on the Human Factor in Cybercrime, Leiden, 16-18 October 2019, edited by Vrije Universiteit Amsterdam , 2019 Oral Presentation, 2019

Maria Grazia Porcedda, Learning from common experience to steer the future of data, EU-China Symposium on Data Security and Personal Information protection, Brussels, 29 November, 2019, Privacy Hub, Vrije Universiteit Brussels and Cybersecurity Association of China Invited Talk, 2019

Maria Grazia Porcedda, The regulation of security incidents and the making of cyber security law, EU Cybersecurity Law workshop, Cyber and Data Security Lab, VUB , Brussels, 11 October, 2019, Cyber and Data Security Lab, Vrije Universiteit Brussel Invited Talk, 2019

Maria Grazia Porcedda, The Cybercrime Cascade Effect and Criminal Justice Responses, EUROCRIM 2019 Conference, Ghent, Belgium, 18-20 September 2019, 2019 Oral Presentation, 2019

Research Expertise

Projects

  • Title
    • COVID-19 Law and Human Rights Observatory
  • Summary
    • The COVID-19 Law and Human Rights Observatory "engages in research across the full range of Ireland's legal response to COVID-19" with the objective of informing the public and sparking public debate. Resulting from the cooperation of TriCON and the Corporate Law, Governance and Capital Markets research group, it aims to establish The Observatory's Blog publishes academic commentary on Ireland's legal response to COVID-19 as it evolves. Over the next few months, the Observatory will also publish a range of public policy reports that address critical aspects of Ireland's response to COVID-19 (https://www.tcd.ie/law/tricon/covidobservatory/index.php)
  • Funding Agency
    • Trinity College Dublin
  • Date From
    • May 2020
  • Date To
    • August 2020

Keywords

cyber law; cyber security; Cybercrime; Cyberspace; data privacy; DATA PROTECTION; Data Protection Law; EU General Data Protection Regulation ; ICT and Privacy; IT law; IT Law and Policy; law and technology; PRIVACY; Privacy Law; SURVEILLANCE

Recognition

Representations

Member of the External Ethical Advisory Board of the H2020 TRESSPASS project (n. 787120) (https://www.tresspass.eu/The-project) 2019

Member of the Task Force on Cyber Capacity Building, coordinated by the European Union Institute for Security Studies to advise EU Directorate General for Development and Cooperation on matters of cyber capacity building 2017

Invited member of the Scientific Committee of the Cyber and Data Security Lab, Vrije Universiteit Brussel 2020

Advisory Member for Data Protection of ERC Project DomEqual (PI: Sabrina Marchetti) 2017

Awards and Honours

CLUSIT- Italian information security association, "Thesis Prize 2012" 2012

Accademia Nazionale dei Lincei, Prize "Edoardo Ruffini 2011" 2011

Licenza del Collegio Superiore, University of Bologna 2009

Memberships

Europol Data Protection Experts Network 2016 – 2020

BILETA via Law School (Trinity College Dublin) 2020 – 2020

Italian Association of Information Security (CLUSIT) 2013 – 2015

International Association of Privacy Professionals (IAPP) 2016 – 2017

David Kenny


Dr. David Kenny
Assistant Professor, Law

Biography

Dr David Kenny is an Assistant Professor of Law in the Law School, teaching Irish and comparative constitutional law, conflict of laws, critical legal theory and law and literature. He is a graduate of Trinity College Dublin, Harvard Law School, and the Honourable Society of the King's Inns, and is a alumnus of the US State Department's Fulbright programme.

Dr Kenny's research specialises in Irish and comparative constitutional law. He is co-author of the recent 5th edition of Kelly: the Irish Constitution, the leading text on Irish Constitutional Law, as well as many peer-reviewed articles in leading national and international journals on topics such as proportionality, constitutional silence, referendums, and executive branch legal advisors. His current research projects focus on critical accounts of comparative constitutional law methodology, constitutional culture, and referendums, as well as on constitutional implications of Brexit for Ireland. He also writes in the field of law and literature.

Dr Kenny has given expert evidence on constitutional issues to the Citizen's Assembly, the Joint Oireachtas Committee on the Eighth Amendment, the Joint Oireachtas Committee on Justice and Defence, the Oireachtas Special Covid-19 Committee, and the Northern Ireland Assembly Ad Hoc Committee on a Bill of Rights for Northern Ireland. He is currently a member of the Working Group on Unification Referendums on the Island of Ireland, convened by the Constitution Unit of University College London and supported by funding from the British Academy and the Joseph Rowntree Charitable Trust. He is coordinator of the State Governance section of the Trinity College Dublin Covid-19 Legal Observatory.

Dr Kenny teaches Constitutional Law I to first year students; Critical Perspectives on Law and Conflict of Laws to fourth years students; and leads a final year dissertation research group on law and literature. He has previously taught advanced constitutional law module to fourth year undergraduates and Masters students. He was a recipient of the Provost's Award for Excellence in Teaching in 2015.

He also has two PhD students awaiting examination: Mr James Rooney, whose thesis explored judicial attitudes to social and economic rights, and Mr Conor Casey, who examined theories of executive power.

Dr Kenny regularly contributed to media discussion of constitutional issues, referendums, and Brexit, having written articles in the Irish Times, the Irish Independent and theJournal.ie, and appearing on Morning Ireland, Marion Finucane, the Six One News, Prime Time, and Sky News. He is open to media queries on matters of Irish or international constitutional law.

Publications and Further Research Outputs

Peer-Reviewed Publications

David Kenny, The Human Pared Away: Hilary Mantel's Thomas Cromwell as an Archetype of Legal Pragmatism , Law and Literature (forthcoming) , 2021 Journal Article, 2021

David Kenny and Conor Casey, The Resilience of Executive Dominance in Westminster Systems: Ireland 2016-2019, Public Law (FORTHCOMING), 2021 Journal Article, 2021

David Kenny, The virtues of unprincipled constitutional compromises: Church and State in the Irish Constitution, European Constitutional Law Review (FORTHCOMING), 2021 Journal Article, 2021

The Constitutional Politics of a United Ireland in, editor(s)Oran Doyle, Aileen McHarg, Jo Murkins , Constitutions Under Pressure: The Brexit Challenge for Ireland and the UK (forthcoming), Cambridge University Press, 2021, [Oran Doyle, David Kenny, Christopher McCrudden] Book Chapter, 2021 TARA - Full Text

Are the people the masters? Constitutional Referendums in Ireland in, editor(s)Richard Albert and Richard Stacey , The Legality and Legitimacy of Referendums (FORTHCOMING), Oxford University Press, 2020, [David Kenny and Aileen Kavanagh] Book Chapter, 2020

David Kenny, Review of The Triangular Constitution by Tom Flynn , Common Law World Review, 49, (1), 2020, p92-106 Review, 2020

Sovranità e Federalismo (Sovereignty and Federalism) in, editor(s)Guerino D'Ignazio , Il Sistema Costituzionale delgi Stati Uniti d'America (The Constitutional System of the United States) (FORTHCOMING), Wolters Kluwer, 2020, pp175 - 202, [David Kenny and Andrea Pin] Book Chapter, 2020

The Risks of Referendums: "Referendum culture" in Ireland as a solution? in, editor(s)Maria Cahill, Conor O'Mahony and Sean Ó Conaill , Popular Sovereignty and Populism in Ireland (FORTHCOMING), Routledge, 2020, [David Kenny] Book Chapter, 2020

David Kenny and Conor Casey, Shadow Constitutional Review: The Dark Side of Pre-Enactment Political Review in Ireland and Japan, International Journal of Constitutional Law (ICON), 18, (1), 2020, p51 - 77 Journal Article, 2020

David Kenny and Conor Casey, A One Person Supreme Court? The Attorney General, constitutional advice to government, and the case for transparency, Dublin University Law Journal , 42, (1), 2020, p90 - 118 Journal Article, 2020

Ireland in, editor(s)Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund Schuster and Mathias Sims , The Private International Law of Companies in the European Union, Munich, CH Beck, 2019, pp461 - 488, [Blanaid Clarke and David Kenny] Book Chapter, 2019

David Kenny, Criminal Assets Bureau v Murphy - just the exclusionary rule in a civil context, or a new approach to unconstitutionality in the criminal process?, Irish Supreme Court Review , 1, (1), 2019, p187 - 204 Journal Article, 2019

The Failed Referendum to Abolish the Ireland's Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country in, editor(s)Richard Albert, Antonia Baraggia, Cristina Fasone , Constitutional Reform of National Legislatures Bicameralism under Pressure, Edward Elgar, 2019, pp163 - 182, [David Kenny] Book Chapter, 2019

Richard Albert and David Kenny , The challenges of constitutional silence: Doctrine, theory, and applications, International Journal of Constitutional Law (ICON), 2018, p880 - 886 Journal Article, 2018

David Kenny, Abortion, The Irish Constitution, and Constitutional Change, Revista de Investigações Constitucionais / Brazilian Journal of Constitutional Research , 5, (3), 2018, p257 - 275 Journal Article, 2018

David Kenny, Proportionality and the Inevitability of the Local: a comparative localist analysis of Canada and Ireland, American Journal of Comparative Law, 66, (3), 2018, p537 - 578 Journal Article, 2018

GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp Book, 2018

David Kenny and Liz Heffernan, Peer Observation of Teaching, Dublin University Law Journal, 2017, p205 - 216 Journal Article, 2017

Merit, Diversity, And Interpretive Communities: The (Non-Party) Politics Of Judicial Appointments And Constitutional Adjudication in, editor(s)Laura Cahillane, Tom Hickey, James Gallen , Politics, Judges, and the Irish Constitution, Manchester University Press, 2017, pp136 - 149, [David Kenny] Book Chapter, 2017

Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation (republication) in, editor(s)Wendy Collins Perdue , Procedure and Private International Law, Edward Elgar, 2017, pp197 - 209, [David Kenny and Rosemary Hennigan] Book Chapter, 2017

David Kenny, Remedial Innovation, Constitutional Culture, and the Supreme Court at a Crossroads, Dublin University Law Journal, 40(2), 2017, p85 - 106 Journal Article, 2017

David Kenny, Politics all the way down: originalism as rhetoric, Diritto pubblico comparato ed europeo (DPCE) Online, 31, (3), 2017, p661 - 667 Journal Article, 2017

Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny] Book Chapter, 2017 TARA - Full Text

David Kenny, A Review of Neil Walker's "Intimation of Global Law", by Neil Walker , American Journal of Comparative Law, 2015, p1053-1060 Review, 2015

David Kenny and Rosemary Hennigan, Choice of Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation: a possible snag, International and Comparative Law Quarterly, 64, (1), 2015, p197 - 209 Journal Article, 2015

David Kenny, Conventions in Judicial Decisionmaking: Epistemology and the Limits of Critical Self Consciousness, Dublin University Law Journal, 38, (2), 2015, p432 - 441 Journal Article, 2015

Gerard Hogan, David Kenny and Rachael Walsh, An Anthology of Unconstitutionality, Irish Jurist, (54), 2015, p1 - 30 Journal Article, 2015

Defamation and Privacy and the Rome II Regulation in, editor(s)Peter Stone and Youseph Farah , Research Handbook on the Conflict of Laws, Elgar, 2015, pp315 - 343, [David Kenny and Liz Heffernan] Book Chapter, 2015

David Kenny, Re Flightlease: The 'Real And Substantial Connection' Test For Recognition And Enforcement Of Foreign Judgments Fails To Take Flight In Ireland, International and Comparative Law Quarterly, 63, (1), 2014, p197 - 212 Journal Article, 2014

David Kenny, Proportionality, the Burden of Proof, and Some Signs of Reconsideration, Irish Jurist, 52, 2014, p141 - 152 Journal Article, 2014

David Kenny, Grounding Constitutional Remedies in Reality: the Case for As-Applied Constitutional Challenges in Ireland, Dublin University Law Journal, 35, 2014, p53 - 77 Journal Article, 2014

David Kenny, Recent Developments in the Right of the Person in Article 40.3: Fleming v Ireland and the Spectre of Unenumerated Rights, Dublin University Law Journal, 2013, (36), 2013, p322 - 341 Journal Article, 2013

The Separation of Powers and Remedies: The Legislative Power and Remedies for Unconstitutional Legislation in Comparative Perspective in, editor(s)Eoin Carolan , The Constitution of Ireland: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, pp191 - 216, [David Kenny] Book Chapter, 2012

David Kenny, Fair Procedures in Irish Administrative Law: Towards a Constitutional Duty to Act Fairly in Dellway Investments v NAMA, Dublin University Law Journal, 34, 2011, p47 - 73 Journal Article, 2011

David Kenny, A Dormant Doctrine of Overbreadth: Abstract Review and Ius Tertii in Irish Proportionality Analysis, Dublin University Law Journal, 32, 2010, p25 - 50 Journal Article, 2010

Non-Peer-Reviewed Publications

Renwick, Whysall et al, Interim Report of Working Group on Unification Referendums on the Island of Ireland (forthcoming), Constitution Unit, UCL, October , 2020 Report, 2020

David Kenny and Eoin Daly, Report on the Constitutional Limits of the "Money Message" Procedure under Article 17.2 of the Constitution of Ireland, May, 2019, 1-20 Report, 2019

Frank Clarke, David Kenny, Aine Ryall, How Courts Decide: adjudicative process of Supreme Administrative Courts, ACA (association of Supreme Administrative Courts) Europe, 2019 Report, 2019

David Kenny and Rosemary Hennigan, In Two Minds: Atticus Finch and the Limits of Law, Dublin Review of Books, (5), 2016 Review Article, 2016

David Kenny, Goshawk Dedicated Ltd v Life Receivables Ireland Ltd - Jurisdiction, Lis Alibi Pendens and Problematic Use of the Brussels Regime, Trinity College Law Review, 12, 2009, p1- Journal Article, 2009

Research Expertise

Keywords

Comparative Constitutional Law; Conflict of Laws; Constitutional Law; Irish Politics; Referendums

Recognition

Awards and Honours

Provost's Award for Excellence in Teaching 2015

Ussher Fellowship, Trinity College Dublin 2009-2012

Fulbright Scholar 2008-2009

Memberships

Board Member and Supervising Lawyer, Irish Innocence Project 2014 – Present

Giuseppe Mazziotti


Dr. Giuseppe Mazziotti
Assistant Professor, Law

Biography

Born in Cosenza (Italy), Giuseppe Mazziotti has been a full-time law professor of Intellectual Property Law at Trinity College Dublin since 2014. He held the same position at the University of Copenhagen from 2009 to 2012.

Giuseppe was a Visiting Professor at the College of Europe, Bruges (2016-2018); the University of Paris Nanterre (2018); the University of Versailles (2013); Roma Tre University (2009-2011); and the University of Sassari (2008-2009). He was an Emile Noel Global Fellow and EU Fulbright Schuman Scholar at New York University School of Law (2018-2019) and a Visiting Scholar at Pompeu Fabra University (2017), ESADE Business School (2017), Columbia University Law School (2010-2011) and the University of California at Berkeley, School of Law (Fall 2004). He was also a Fellow at the Centre for Media Pluralism and Freedom at the European University Institute in Florence (2017); the Instituto de Tecnologia & Sociedade do Rio de Janeiro (2015); and the Berkman Klein Center for Internet and Society at Harvard Law School (2011-2012).

As both a university professor and an individual consultant, Giuseppe has been the recipient of numerous research grants by EU and national institutions in the fields of EU media policy, public sector information, copyright collective management, and open source software and content licensing.

He also acquired skills and knowledge stemming from his work as an attorney and independent legal advisor and as a policy analyst for the Centre for European Policy Studies (CEPS), one of the leading Brussels-based think tanks. He collaborated with industry, major political groups, national governments and EU policy and lawmakers.

Giuseppe holds a summa cum laude Juris Doctor (JD) degree (2001) from the University of Perugia and a Master of Research (2003) and a PhD in Law (2007) from the European University Institute in Florence. He is also a musician and holds a Master's degree in Clarinet Performance (1997) and Chamber Music (2003) from the Music Academy of Perugia (Conservatorio di musica di Perugia). Giuseppe worked for ten years (1994-2004) as principal clarinettist for the Perugia Symphony Orchestra and as a critic and speaker for the Italian radio broadcaster RAI Radio 3. He was one of the founders and editors of the Musikethos online music project from 2005 to 2009.

Publications and Further Research Outputs

Peer-Reviewed Publications

The Role of Market-Driven and Legislative Solutions to Online Music Licensing in Europe in, editor(s)A.Kamperman Sanders, A. Moerland , IP as a Complex Adaptive System: Its Role in the Innovation Society , Cheltenham , Edward Elgar , 2021, [Mazziotti, Giuseppe ] Book Chapter, 2021

A Data-Driven Approach to Copyright in the Age of Online Platforms in, editor(s)D.Gervais , Recreating Copyright Law, Redesigning Design Law, Resourcing Trademark Law, and Reinventing Patent Law, Cheltenham, UK, Edward Elgar , 2021, [Mazziotti, Giuseppe] Book Chapter, 2021

Mazziotti, Giuseppe , The Role of Market-Driven and Legislative Solutions to Online Music Licensing in Europe, 2020 Working Paper, 2020

Mazziotti, Giuseppe, Il diritto d'autore ai tempi della pandemia , 2020, - 15 Miscellaneous, 2020

The Intersection of EU Media Policy and Copyright: Protecting the Value of Cultural Creation in Television and Online Content Services in, editor(s)P.L. Parcu and E. Brogi , Research Handbook on EU Media Law and Policy, Edward Elgar , 2020, [Mazziotti, Giuseppe ] Book Chapter, 2020

Mazziotti, Giuseppe , 'What Is the Future of Creators' Rights in an Increasingly Platform-Dominated Economy?', IIC - International Review of Intellectual Property and Competition Law, 51, (9), 2020, p1 - 6 Journal Article, 2020

Mazziotti, Giuseppe, 'The Role of Market-Driven and Legislative Solutions to Online Music Licensing', 21st EIPIN Innovation Society Congress, Maastricht, 23 January, 2020, Maastricht University, School of Law Invited Talk, 2020

Mazziotti, Giuseppe, 'Attribution, Authenticity and Integrity of Artworks in the Online Platform Economy' , Le droit moral dans les arts d'édition, 18 October, 2019, Rodin Museum, Paris Invited Talk, 2019

Mazziotti, Giuseppe, 'Remuneration of Content Creation in the Digital Space: Challenges, Obstacles and a Common Language to Foster Economic Sustainability and Cultural Diversity' , Diversity of Content in the Digital Age, International Meeting organised by Canadian Council for the Arts & Government of Canada , Ottawa , 7 February, 2019, Canadian Government, Department of Canadian Heritage, Invited Talk, 2019

Mazziotti, Giuseppe, 'Will the Contract Law Provisions of the New EU Copyright Directive Affect U.S. Contracts for Exploitations of Works and Performances within the EU?' , 2019 Annual Meeting, Baltimore, 9 June , 2019, The Copyright Society of the USA Invited Talk, 2019

Mazziotti, Giuseppe, 'Remuneration of Content Creators in the Digital Space: the Special Case of Social Media' , New York , 7 May, 2019, Jean Monnet Center, NYU Law School Invited Talk, 2019

Mazziotti, Giuseppe, 'Copyright Liability of Social Media Platforms Under EU Directive 2019/790', Platform Society: Free Speech, Copyright and Sharing on Social Media Platforms - Fordham Intellectual Property, Media & Entertainment Journal Symposium, 4 October, 2019, Fordham Law School Invited Talk, 2019

Mazziotti, Giuseppe, 'EU Copyright Reform', Annual Intellectual Property Law and Policy Conference, 25 April, 2019, Fordham Law School Invited Talk, 2019

Mazziotti, Giuseppe, Media Policy and Copyright in Europe: the Progressive Expansion of the Law for Broadcasters to Online Platforms, 2019 Working Paper, 2019

Mazziotti, Giuseppe, 'Copyright as a Tool for Digital Music Protection', Intellectual Property and Competition Law Seminar, Milan, 15 November, 2019, Bocconi University, School of Law Invited Talk, 2019

Mazziotti, Giuseppe, 'Developing a Creator-Centric Approach to Copyright in the Age of Online Platforms' , 38th Annual Congress, International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP), Nashville , 28 August, 2019, Vanderbilt University School of Law Invited Talk, 2019

Allowing Online Content to Cross Borders: is Europe Really Paving the Way for a Digital Single Market? in, editor(s)T. Pilhajarinne, J. Vesala and O. Honkkila , Online Content Distribution in the EU, Edward Elgar, 2019, pp188 - 203, [Mazziotti, Giuseppe ] Book Chapter, 2019

Mazziotti, Giuseppe, 'A New Standard of Copyright Liability for Social Media and User-Generated Content Platforms in Europe: Rationale, Challenges and Its Impact on Authors' Remuneration and Transatlantic Relationships', Second IP Researchers Europe Conference, Geneva, 28-29 June, 2019, World Intellectual Property Organisation & University of Geneva Invited Talk, 2019

Mazziotti, Giuseppe, Moral Rights in Italy: "Ieri, Oggi e Domani", Journal of Intellectual Property Law and Practice, Vol. 14, (4), 2019, p285 - 293 Journal Article, 2019

Mazziotti, Giuseppe, 'Il recepimento della direttiva Copyright: quali prospettive per editori e titolari di diritti?', Le riforme dell'audiovisivo: verso un'industria europea dei media?, Giornate internazionali di Eurovisioni, Villa Medici, Rome, 11 October, 2019, Autorita' Garante nelle Comunicazioni (AGCOM) Invited Talk, 2019

Mazziotti, Giuseppe, 'New EU Rules for Content Platforms' , New York , 23 April , 2019, Engelberg Center on Innovation Law and Policy, New York University (NYU) School of Law Invited Talk, 2019

Mazziotti, Giuseppe, Remuneration of Content Creation in the Digital Space: Challenges, Obstacles and a Common Language to Foster Economic Sustainability and Cultural Diversity, Ottawa , Canadian Council for the Arts & Government of Canada, 2019 Report, 2019

Mazziotti, Giuseppe, 'Considering IP in Europe after Brexit: Options, Priorities and Strategies for Global Businesses' , European IP Summit, , 4 October, 2018, Boston College Law School Invited Talk, 2018

Music Improvisation and Copyright in, editor(s)E. Bonadio and N. Lucchi , Non-Conventional Copyright, Edward Elgar, 2018, pp174 - 200, [Mazziotti, Giuseppe ] Book Chapter, 2018

Mazziotti, Giuseppe, 'The future of professional creativity on social media and user-generated content platforms', IP Researchers Europe Conference, Geneva, 29 June, 2018, World Intellectual Property Organization & University of Geneva Invited Talk, 2018

Mazziotti, Giuseppe, 'The Future of Professional Creativity on Social Networks and User-Generated Content Platforms: a EU-US Perspective on Copyright and Liability of Online Intermediaries' , Fall 2018 Global/Emile Noel Fellows Forum, New York , 28 September, 2018, NYU School of Law Invited Talk, 2018

Mazziotti, Giuseppe, 'Allowing Content to Cross Borders: is the EU Paving the Way for a Digital Single Market?', 26th Annual Conference, International Intellectual Property Law & Policy, New York , 5 April, 2018, Fordham University School of Law Invited Talk, 2018

Mazziotti, Giuseppe, 'Accessing Online Content Across Borders: Is the EU Paving the Way for a Digital Single Market?, Stanford , 17 May, 2018, Stanford Law School Invited Talk, 2018

Mazziotti, Giuseppe, Remedies, Enforcement and Territoriality, Columbia Journal for Law and the Arts, Vol. 41, (3), 2018, p533 - 538 Journal Article, 2018

Mazziotti, Giuseppe, 'Implications of Territoriality for Online Copyright Enforcement Measures', Exploring International Copyright's Gaps and Flexibilities, New York , 6 October , 2017, Columbia Law School, Kernochan Center for Law, Media and the Arts Invited Talk, 2017

Mazziotti, Giuseppe, 'Addressing the Value Gap on User-Generated Content Platforms from the Perspective of Weaker Copyright Holders', Better Regulation for Copyright - Academics Meet the Policy Makers, European Parliament, Brussels, 6 September 2017, edited by Julia Reda (MEP) , 2017, pp31 - 38 Conference Paper, 2017

Condivisione delle opere creative e collaborazione tra biblioteche: quando e in che misura il fine didattico o scientifico prevale sulla proprietà intellettuale? in, editor(s)I. Brancatisano, E. De Carolis, E. Gasbarro and E. Tamburini , Dead or Alive? Le frontiere dei servizi bibliotecari nell'era della condivisione: 15 anni della comunità NILDE, Rome, Roma TRE University Press, 2017, pp41 - 52, [Mazziotti, Giuseppe] Book Chapter, 2017

Mazziotti, Giuseppe, 'Il riequilibrio tra i ricavi delle piattaforme UGC e i compensi per diritti d'autore - Interazione con la disciplina degli ISP', Il mercato unico digitale: quale futuro per il copyright?, Rome, 6 December, 2017, Osservatorio di Proprietà Intellettuale, Concorrenza e Comunicazioni, LUISS, Rome Invited Talk, 2017

Mazziotti, Giuseppe, 'Allowing Online Content to Cross Borders: Europe's Quest for a Digital Single Market', Newton (Massachusetts), 21 September, 2017, Boston College, School of Law, Invited Talk, 2017

Mazziotti, Giuseppe, 'How to Protect Copyright Without Jeopardizing Intermediary Liability', European Copyright - Quo Vadis?, Florence, 29 April, 2017, European University Institute, Law Department Invited Talk, 2017

Mazziotti, Giuseppe, Luci e ombre nel decreto legislativo di attuazione della Direttiva "Barnier", Il Diritto Industriale, Vol. 4 , 2017, p345 - 351 Journal Article, 2017

Mazziotti, Giuseppe, Il monopolio SIAE e la direttiva Barnier: come stanno davvero le cose?, Il Diritto Industriale, Vol. 1, 2017, 73 - 79 Journal Article, 2017

Mazziotti, Giuseppe, 'Portability, Cross-Border Trade and Geo-Blocking of Online Content Services: is Europe Really Paving the Way for a Digital Single Market?' , Online Content Distribution Conference, Helsinki, 17 November , 2017, University of Helsinki, Department of Law Invited Talk, 2017

Mazziotti, Giuseppe, 'Moral Rights in Italy', Moral Rights and New Technologies - Authorship, Attribution and Integrity in a Digital World, Glasgow, 31 March, 2017, University of Glasgow, School of Law Invited Talk, 2017

Mazziotti, Giuseppe, 'How is the EU Digital Agenda Changing Copyright and Audiovisual Media Services?', ESADE Alumni, Refresher Programme, Barcelona, 21 November, 2017, ESADE Business School Invited Talk, 2017

Mazziotti, Giuseppe, 'Music Improvisation and Copyright' , Seminar , Barcelona, 23 November, 2017, Pompeu Fabra University, Department of Private Law Invited Talk, 2017

Mazziotti, Giuseppe, 'Allowing Online Content to Cross Borders: Europe's Quest for a Digital Single Market', New York , 11 October, 2017, Jean Monnet Center for International and Regional Economic Law and Justice, New York University, School of Law Invited Talk, 2017

Mazziotti, Giuseppe, 'Rimedi comportamentali e strutturali ai fini della garanzia del pluralismo dell'informazione', Fake news e allarme sociale: responsabilità, non censura,XXXII Convegno dell'Osservatorio 'Giordano Dell'Amore' sui rapporti tra diritto e economia, Milan, 5 May, 2017, Fondazione Centro Nazionale di Prevenzione e Difesa Sociale, Milano Invited Talk, 2017

Mazziotti, Giuseppe, 'Digital Single Market for Multiple Audiences? Multi-territorial licenses and the issue of cultural diversity', Modernizing Copyright in the EU Digital Single Market, Longroom Hub, Trinity College, Dublin, 12 February, 2016, Trinity College Dublin & Irish Centre for European Law Invited Talk, 2016

Mazziotti, Giuseppe, 'Is Geo-blocking an Issue for Concern in the EU Digital Single Market?' , Public Seminar, 29 February, 2016, Open University of Catalonia, Barcelona Invited Talk, 2016

Giuseppe Mazziotti; Felice Simonelli, Another Breach in the Wall: Copyright Territoriality in Europe and its Progressive Erosion on the Grounds of Competition Law, Journal of Policy, Regulation and Strategy for Telecommunications, Information and Media , 18, (6), 2016, p55 - 66 Journal Article, 2016

Mazziotti, Giuseppe, 'Condivisione delle opere creative e collaborazione tra biblioteche: quando, e in che misura, il fine didattico o scientifico prevale sulla proprieta' intellettuale?', Dead or alive? Le frontiere dei servizi bibliotecari nell'era della condivisione: 15 anni della comunita' NILDE, Aula Magna, La Sapienza University of Rome, 19-20 May, 2016, La Sapienza University Invited Talk, 2016

Mazziotti, Giuseppe; Simonelli, Felice , 'Another breach in the wall: copyright territoriality in Europe and its progressive erosion on the grounds of competition law', Euro CPR 'Content Creation and Distribution in the Digital Single Market', Brussels , 14 March, 2016, Centre for European Policy Studies (CEPS) Invited Talk, 2016

Mazziotti, Giuseppe, 'El derecho de autor en el ámbito digital y la legitimidad de la minería de datos y textos' , Últimos desarrollos en el derecho de la sociedad de la información: protección de datos y propiedad intelectual en universidades y centros de documentación, Salamanca (Spain), 12 December, 2016, Universidad de Salamanca, Facultad de Derecho Invited Talk, 2016

Mazziotti, Giuseppe, Braccio di ferro sui diritti d'autore, Nova, Il Sole 24 Ore, 2016 Journal Article, 2016 URL

Mazziotti, Giuseppe, 'Copyright and disability', International and European Disability Law, 31 March, 2016, School of Law, National University of Ireland Maynooth Invited Talk, 2016

Giuseppe Mazziotti, Will Europe Make Copyright Borderless and Internet-Friendly?, Irish Business Law Review, 3, (1), 2016, p11 - 20 Journal Article, 2016

Giuseppe Mazziotti; Felice Simonelli, Regulation on cross-border portability of online content services: roaming for Netflix or the end of copyright territoriality?, Brussels , Centre for European Policy Studies , 2016 Conference Paper, 2016

Mazziotti, Giuseppe, 'Is Geo-Blocking an Issue for Concern in Europe? Is 'Portability' of Online Content Services the Right Answer'?' , Public Seminar, Barcelona, 25 February, 2016, Pompeu Fabra University, Department of Private Law Invited Talk, 2016

Mazziotti, Giuseppe, Musica nuova nei diritti d'autore, LaVoce.info, 2016 Journal Article, 2016 URL

Mazziotti, Giuseppe, 'What should the business community expect from the 'Digital Single Market' in Europe?', Marienlyst Konference 2016, Helsingor (Denmark), 1-2 September, 2016, Danish Entertainment and Media Law Association Invited Talk, 2016

Giuseppe Mazziotti, Is Geo-Blocking a Real Cause for Concern in Europe?, European Intellectual Property Review , 38, (6), 2016, p365 - 376 Journal Article, 2016 URL

Mazziotti, Giuseppe, 'Will the Digital Single Market and the Enforcement of EU Competition Law Eventually Dismantle Copyright's Territoriality?', Public Seminar, Aix-en-Provence (France), 24 November, 2016, University Aix-Marseille, Department of Law, Institut de droit des affaires, Aix-en-Provence Invited Talk, 2016

Mazziotti, Giuseppe, 'A New Legal Framework for Limitations and Exceptions to Copyright', Towards a New Legislation on Intellectual Property in the Digital Single Market, Brussels , 3 March, 2015, Europe of Freedom and of Direct Democracy Group, European Parliament Invited Talk, 2015

Mazziotti, Giuseppe, 'Copyright and the Exponential Growth of User-Generated Content: Is the US 'Fair Use' Doctrine a Model to Follow for the EU?' , HEC-NYU Public Interest Clinic, Paris, 12 February, 2015, New York University, School of Law & HEC Business School, Paris Invited Talk, 2015

Cultural diversity and the EU copyright policy and regulation in, editor(s)E. Psychogiopoulou , The European Union and cultural diversity, Palgrave Macmillan, 2015, pp91 - 105, [Giuseppe Mazziotti] Book Chapter, 2015

Mazziotti, Giuseppe, 'Review of the EU Copyright Framework' , Brussels , 15 October, 2015, Legal Affairs Committee, European Parliament Invited Talk, 2015

Mazziotti, Giuseppe, 'An Age of Copyright Reforms in the EU Digital Agenda', Public Seminar, 10 December, 2015, Instituto de Tecnologia & Sociedade do Rio de Janeiro Invited Talk, 2015

Mazziotti, Giuseppe, 'Is Geo-blocking a Real Cause for Concern for EU Intellectual Property Policy-Makers?' , European Policy for Intellectual Property (EPIP), 10th Annual Conference, Glasgow, 2 September, 2015, University of Glasgow Invited Talk, 2015

Added Value briefing paper on the internal market aspects of copyright in, editor(s)S. Reynolds , Review of the EU copyright framework, Brussels , European Parliament Research Service , 2015, pp275 - [G. Mazziotti, A. Renda, F. Simonelli, G. Luchetta] Book Chapter, 2015

Mazziotti, Giuseppe, 'Business models for the Free/Open Source movement', Open Innovation in the Proprietary World, World Meterological Organization (WMO) Building, Geneva, 19 March, 2015, MAPPING Round Table Agenda Invited Talk, 2015

J. Lombert, B. Isaias, K. Bernardi, G. Mazziotti, A. Alemanno and L. Khadar, Extending Freedom of Panorama in Europe, 2015 Report, 2015

Mazziotti, Giuseppe, 'Intended and unintended harmonisation of copyright law for the EU Digital Single Market', Public Seminar,, Helsinki, 24 September, 2015, University of Helsinki, Department of Law Invited Talk, 2015

A. Renda, F. Simonelli, G. Mazziotti, G. Luchetta, Policy Options for Improving the Functioning and Efficiency of the Digital Single Market in the Field of Copyright, Special Report , No. 121, Brussels , Centre for European Policy Studies , 2015 Report, 2015 URL

A. Renda, F. Simonelli, G. Mazziotti, G. Luchetta and A. Bolognini, 'Implementation, Application and Effects of the EU Directive on Copyright in the Information Society, Special Report , 120, Brussels , Centre for European Policy Studies , 2015 Report, 2015 URL

Ex-Post Impact Assessment on the implementation, application and effects of Directive 2001/29/EC on the harmonisation of copyright and related rights in the information society (InfoSoc) and of its related instruments in, editor(s)S. Reynolds , Review of the EU copyright framework, Brussels , European Parliament Research Service , 2015, pp39 - [G. Mazziotti, A. Renda, F. Simonelli, G. Luchetta and A. Bolognini] Book Chapter, 2015

Mazziotti, Giuseppe , Is Geo-Blocking a Real Cause for Concern in Europe?, 2015 Working Paper, 2015

Mazziotti, Giuseppe, 'Produzione, accesso e tutela dei contenuti culturali per la nuova normativa europea e italiana del diritto d'autore' , Rome, Istituto Luigi Sturzo, 23 January, 2015, Group of the Progressive Alliance of Socialists and Democrats, European Parliament Invited Talk, 2015

Mazziotti, Giuseppe, 'Intellectual Property Rights in Europe: A Tool for Jobs and Growth?' , 30 January, 2014, Group of the Progressive Alliance of Socialists and Democrats, European Parliament Invited Talk, 2014

Mazziotti, Giuseppe, 'The music business and the challenges of the Internet age - Why we need a closer, more transparent and fair relationship among creators, artist managers and content exploiters', 28 February, 2014, Department of Global Music Business, Berklee College of Music Invited Talk, 2014

Mazziotti, Giuseppe, 'La tutela della diversità culturale nell'ambito delle licenze per usi digitali: collaborazione, concorrenza o solidarietà tra le società di gestione collettiva?', La gestione collettiva dei diritti d'autore e dei diritti connessi all'indomani della direttiva 2014/26/UE,, Rome, 26 May, 2014, LUISS Guido Carli, Roma Invited Talk, 2014

Mazziotti, Giuseppe, 'Law, technology and the licensing of online rights in musical and audiovisual works in Europe' , Dublin, 13 November, 2014, Trinity College Dublin, School of Law Invited Talk, 2014

Mazziotti, Giuseppe, 'Il diritto d'autore nel mercato unico digitale dell'Unione Europea', 59° Mercoledì di Nexa, Turin, 11 December , 2013, Nexa Center for Internet and Society - Politecnico di Torino Invited Talk, 2013

Mazziotti, Giuseppe, 'Copyright in the EU Digital Single Market', Copenhagen, 24 October, 2013, Copenhagen Business School (CBS), Law Department, Copenhagen, Invited Talk, 2013

Mazziotti, Giuseppe, 'Copyright in a Digital Single Market: the future of professional creativity and online media in Europe' , Saint-Quentin-en-Yvelines (France), 2 December, 2013, Department of Business Law and New Technologies (DANTE), School of Law and Political Sciences, University of Versailles & Ecole des Médias et du Numérique de la Sorbonne, Paris Invited Talk, 2013

Mazziotti, Giuseppe, 'Interface between the scope of copyright exceptions and the scope of licensing practices: challenges and opportunities in the digital environment', Annual Conference on European Copyright Law 2013 - The Legal Framework in an Exponential Digital Age, Trier (Germany) , 23 May, 2013, Academy of European Law (ERA) Invited Talk, 2013

Mazziotti, Giuseppe, 'Diritto d'autore e Agenda Digitale: tra modernizzazione, compromesso e utopia (paneuropea)' Trento, Copyright, evoluzione tecnologica e bilanciamento dei diritti, Trento (Italy) , 6 December, 2013, University of Trento, School of Law Invited Talk, 2013

Mazziotti, Giuseppe, 'The Intersection of Competition Law and Intellectual Property in the Markets for Digital Content in Europe', Saint-Quentin-en-Yvelines (France), 18 March, 2013, Laboratoire DANTE (Droit des Affaires et Nouvelles Technologies), University of Versailles, Department of Law and Political Sciences Invited Talk, 2013

Mazziotti, Giuseppe, 'Copyright in the EU Digital Single Market', Brussels , 28 June, 2013, Centre for European Policy Studies (CEPS) Invited Talk, 2013

Mazziotti, Giuseppe, 'Copyright in the EU Digital Single Market', IP and Competition Seminar Series, Milan, 22 November , 2013, Bocconi University, School of Law Invited Talk, 2013

Mazziotti, Giuseppe, 'Copyright Law in the EU Digital Single Market', IMCO Working Group on the Digital Single Market (hearing), Brussels , 16 May, 2013, European Parliament Invited Talk, 2013

Mazziotti, Giuseppe, 'The Digital Single Market and the Upcoming Review of EU Copyright Rules' , Stockholm, 16 December, 2013, ALMEGA (IT and Telekomforetagen) Invited Talk, 2013

Mazziotti, Giuseppe, 'Copyright in a Digital Single Market: the future of professional creativity and online media in Europe', Jonkoping (Sweden), 19 November, 2013, Media Management and Transformation Centre, Jonkoping International Business School Invited Talk, 2013

Mazziotti, Giuseppe, 'Copyright in the EU Digital Single Market' , Cardozo's IP and Information Law Program,, New York , 13 November, 2013, Benjamin Cardozo School of Law, Yeshiva University Invited Talk, 2013

Mazziotti, Giuseppe , Copyright in the EU Digital Single Market , Centre for European Policy Studies , 2013 Book, 2013

Mazziotti, Giuseppe, 'Copyright in the EU Digital Single Market', Cambridge (Massachusetts), 12 November, 2013, Berkman Centre for Internet and Society, Harvard Law School Invited Talk, 2013

Mazziotti, Giuseppe, 'The concept of communication to the public in light of recent ECJ cases', Performers' Rights in Europe and Beyond, AEPO-ARTIS Seminar, Hotel Le Méridien, Brussels, 13 November, 2012, AEPO-ARTIS Invited Talk, 2012

Building Digital Commons through Open Access Management of Copyright-Related Rights in, M. Dulong de Rosnay and J.C. De Martin , The Digital Public Domain: Foundations for an Open Culture, Cambridge, OpenBook Publishers, 2012, pp81 - 91, [Giuseppe Mazziotti] Book Chapter, 2012

Mazziotti, Giuseppe, 'The Politics of EU Copyright Law', London, 5 December , 2012, Intellectual Property, Internet Media Research Centre, Brunel University, School of Law Invited Talk, 2012

Il copyright digitale in, editor(s)M. Durante and U. Pagallo , Manuale di informatica giuridica e diritto delle nuove tecnologie, Torino, UTET, 2012, pp175 - 199, [Giuseppe Mazziotti] Book Chapter, 2012

Mazziotti, Giuseppe, 'Online Copyright Enforcement in Europe: Censorship or Regulation?' , Challenges for the Regulation of Communications in the 21st Century, Hong Kong, 23 November, 2012, Chinese University of Hong Kong, School of Law Invited Talk, 2012

Managing Online Music Rights in the European Digital Single Market: Current Scenarios and Future Prospects in, editor(s)J. Rosen , Intellectual Property at the Crossroads of Trade, Cheltenham, Edward Elgar, 2012, pp142 - 163, [Giuseppe Mazziotti] Book Chapter, 2012

Articoli 102-quater and 102-quinquies della Legge n. 633/1941 (legge sul diritto di autore) in, editor(s)Galli and Gambino , Codice commentato della proprietà industriale e intellettuale, Torino, UTET Giuridica, 2011, pp3358 - 3368, [Mazziotti, Giuseppe Arezzo, Emanuela ] Book Chapter, 2011

Mazziotti, Giuseppe, 'New Licensing Models for Online Music Services in the European Union: From Collective to Customized Management', Copenhagen, 7 November, 2011, Law Department, Copenhagen Business School (CBS) Invited Talk, 2011

Mazziotti, Giuseppe, 'New Licensing Models for Online Music Services in the European Union: From Collective to Customized Management', 29 September, 2011, Centre de Recherche Information, Droit et Société (CRIDS), University of Namur Invited Talk, 2011

Mazziotti, Giuseppe , New licensing models for online music services in the European Union: from collective to customized management , 2011 Working Paper, 2011 URL

Mazziotti, Giuseppe , Diritto d'autore, libere utilizzazioni e licenze per attività didattiche: l'insostenibile leggerezza della legge italiana in una prospettiva europea e comparata , Il Diritto di Autore , 82 , (2 ), 2011, p207 - 259 Journal Article, 2011

Mazziotti, Giuseppe, 'Alternatives licensing models for online music services in the European Union: which roles for customised and individual management?', Collective Management of Copyright: Solution or Sacrifice?, Symposium 2011, New York , 28 January, 2011, Kernochan Center for Media Law and the Arts, Columbia Law School Invited Talk, 2011

Mazziotti, G , The politics of European online music rights , Music Business Journal, 20 , 2011 Journal Article, 2011 URL

Mazziotti, Giuseppe, 'Europeana vs. Google Books: An Ackward Case of Competition in the Digitisation of Europe's Cultural Heritage', Cambridge (Massachusetts), 29 November , 2011, Berkman Center for Internet and Society, Harvard University Invited Talk, 2011

Mazziotti, Giuseppe , Copyright and Educational Uses: The Unbearable Case of Italian Law from a European and Comparative Perspective , 2011 Working Paper, 2011 URL

Articolo 99-bis della Legge n. 633/1941 (legge sul diritto d'autore) in, editor(s)Galli and Gambino , Codice commentato della proprietà industriale e intellettuale, Torino, UTET Giuridica, 2011, pp3339 - 3342, [Mazziotti, Giuseppe] Book Chapter, 2011

Mazziotti, Giuseppe , Report scientifico di analisi e comparazione delle eccezioni al diritto d'autore per usi didattici e dei principali modelli di licenze e accordi tra titolari dei diritti e istituti d'istruzione: La situazione italiana a confronto con le esperienze di alcuni Paesi dell'Unione Europea e degli Stati Uniti d'America , University of Sassari, 2011 Report, 2011 URL

Mazziotti, Giuseppe, 'New Licensing Models for Online Music Services in the European Union: From Collective to Customized Management', IP Law at the Crossroads of Trade, 30th ATRIP Congress, Singapore , 26 July, 2011, National University of Singapore, School of Law Invited Talk, 2011

Mazziotti, Giuseppe, 'Managing Online Music Rights in the EU Digital Single Market' , Rethink Music Conference, Hynes Convention Center, Boston, 26 April, 2011, Berklee College of Music & MIDEM (in association with Harvard Business School and the Berkman Center for Internet and Society at Harvard University) Invited Talk, 2011

Mazziotti, Giuseppe, 'Google Books, Europeana y la digitalización del dominio público: problemas actuales y perspectivas futuras' , Derechos de autor y cultura: removiendo las fronteras del dominio público, Santiago de Compostela, 21 October , 2011, University of Santiago de Compostela, School of Law Invited Talk, 2011

Mazziotti, Giuseppe, 'Managing Online Music Rights in the EU Digital Single Market: Current Scenarios and Future Prospects', 2011 Intellectual Property Scholars Roundtable, Des Moines, 2 April , 2011, ntellectual Property Law Center, Drake University Law School Invited Talk, 2011

Mazziotti, Giuseppe, 'Copyright and educational uses: the unbearable case of Italian law from a European and comparative perspective', Knowledge, Creativity and Fair Uses in Higher Education, Rome, 16 September , 2011, John Cabot University - Rome Invited Talk, 2011

Mazziotti, Giuseppe, 'Europeana v Google Books: Why European Cultural Institutions Should Treat Their Digitized Cultural Content as Public Sector Information', Public Sector Information at the Croassroads: Current Challenges and New Opportunities, Legal Aspects of Public Sector Information (LAPSI), 1st Public Conference, Milan, 5-6 May, 2011, Bocconi University, School of Law Invited Talk, 2011

MAZZIOTTI, Giuseppe , New Licensing Models for Online Music Services in the European Union , Columbia Journal of Law and the Arts, 34, (4), 2011, p757 - 808 Journal Article, 2011

Mazziotti, Giuseppe, 'Intellectual Property Infringement Cases against Google in Europe: Questioning the Legitimacy of Communication and Media Environments', Communications and Competition Law and Policy - Challenges of the New Decade, First Interdisciplinary Workshop on Communications Policy and Regulation, Glasgow, 17 June, 2010, Adam Smith Research Foundation, University of Glasgow Invited Talk, 2010

Mazziotti, Giuseppe , Ma quel compenso non è equo , 2010 Journal Article, 2010 URL

Mazziotti, Giuseppe, 'Copyright and films in the European Digital Agenda', Current trends in European and comparative film law, Florence, 16 April , 2010, European University Institute, Department of Law Invited Talk, 2010

Mazziotti, Giuseppe, Web 3.0 - Challenges and Opportunities for Consumers in the Internet of the future, European Consumer Summit 2010, Brussels (Belgium), 18-19 March, 2010, European Commission Invited Talk, 2010

Mazziotti, Giuseppe , Biblioteche digitali appese a un filo: la ragnatela dei diritti d'autore , Bibliotime , 13 , (3 ), 2010 Journal Article, 2010 URL

Italy in, editor(s)C. Long , Global Telecommunications Law and Practice, London, Sweet and Maxwell, 2009, pp4701 - 4740, [Giuseppe Mazziotti] Book Chapter, 2009

Building Digital Commons through Open Access Management of Copyright-Related Rights in, JL Jayanthi Reddy , Intellectual Property and Public Domain, Hyderabad (India), Icfai University Press (IUP), 2009, pp126 - 138, [Giuseppe Mazziotti] Book Chapter, 2009

Mazziotti, Giuseppe, 'Who owns improvised music? Remarks on the legal status of jazz music from a comparative perspective', Lex Non Scripta, Ars Non Scripta: Law, justice, and improvisation, Montreal, 19-20 June, 2009, McGill University School of Law, Centre for Intellectual Property Policy (www.cipp.mcgill.ca) Invited Talk, 2009

Mazziotti, Giuseppe , 'EU Digital Copyright Law: Lessons from the Past and Future Prospects', Intellectual Property Law Network Meeting, Rosendal (Norway) , 22-24 May, 2009, University of Oslo, School of Law Invited Talk, 2009

Mazziotti, Giuseppe, 'Collecting societies and cultural diversity in the music sector', European Parliament, Legal Affairs Committee (formal hearing), Brussels , 2 December , 2009, European Parliament Invited Talk, 2009

Hoeren, Thomas Dehin, Violaine Iglesias, María-José Mazziotti, Giuseppe Psychogiopoulou, Evangelia Altemark, Christine Sarikakis, Katharine Zacharias, Eleftherios , Collecting societies and cultural diversity in the music sector: Study , Brussels, European Parliament , 2009, 2009 Report, 2009 URL

Mazziotti, Giuseppe, 'Collecting societies and cultural diversity in Europe', IP Law and Judicial Enforcement in an International Perspective, Rome, 3 December , 2009, Roma Tre University, School of Law Invited Talk, 2009

Mazziotti, Giuseppe, 'Le organizzazioni di gestione collettiva e Creative Commons', NEXA Annual Conference 2009, Turin, 28 November, 2009 Invited Talk, 2009

Putting the Public into Public Domain: Rights Management of Sound Recordings Through Creative Commons in, J. Drexl, L. Boy, C. Godt, R.M. Hilty, and B. Remiche , Technology and Competition - Technologie et Concurrence: Liber Amicorum Hanns Ullrich, Brussels, Larcier, 2009, pp221 - 232, [Giuseppe Mazziotti] Book Chapter, 2009

Tecnologie digitali e diritti culturali: quale ruolo per le biblioteche? in, A. Maggipinto and G. D'Ammassa , Diritto e tecnologie digitali per la valorizzazione e l'accessibilità delle conoscenze Atti del Convegno 19-20 ottobre 2007, Milano, Nyberg, 2009, pp81 - 88, [Giuseppe Mazziotti] Book Chapter, 2009

Glorioso, Andrea Mazziotti, Giuseppe, Alcune riflessioni sulle licenze Creative Commons ei diritti connessi degli artisti interpreti ed esecutori, dei produttori di fonogrammi e degli organismi di diffusione radiotelevisiva , Il Diritto di autore , 2008, p133 - 163 Journal Article, 2008

Mazziotti, Giuseppe, EU Digital Copyright Law in Web 2.0, Perspectives Workshop: Virtual games, interactive hosted services and user-generated content in Web 2.0, Schloss Dagstuhl, Wadern, 24-27 September, 2008, Leibniz Zentrum für Informatik Invited Talk, 2008

Mazziotti, Giuseppe, 'Digital copyright protection and possible forms of corporate social responsibility', Governance, Intangibles and Corporate Social Responsibility, "Comparative Institutional Advantage, Intellectual Property and Market Globalization", Siena, 29 September, 2008, University of Siena, Department of Economics Invited Talk, 2008

Mazziotti, Giuseppe, Building Digital Commons through Open Access Management of Copyright-Related Rights, Communia Conference on the Public Domain in the Digital Age, Louvain-La-Neuve, 30 June-1 July, 2008, Université Catholique de Louvain Invited Talk, 2008

Mazziotti, G., EU digital copyright law and the end-user, 2008, 1 - 374pp Book, 2008 URL

DRM e abuso di posizione dominante: il caso iTunes in, editor(s)R. Caso , Digital Rights Management: problemi teorici e prospettive applicative, Quaderni giuridici dell'Università di Trento, 2008, pp239 - 259, [Giuseppe Mazziotti] Book Chapter, 2008 Handle

Mazziotti, Giuseppe , Building digital commons through open access management of copyright-related rights , 2008 Working Paper, 2008

Mazziotti, Giuseppe , Digital copyright enforcement and the protection of individuals' privacy in electronic communications: the Peppermint case , Lexology , 2007 Journal Article, 2007

Mazziotti, Giuseppe , Il diritto d'autore comunitario nel nuovo ambiente digitale , Ciberspazio e diritto , 7 , (1 ), 2006, p55 - 115 Journal Article, 2006

MAZZIOTTI, Giuseppe , Utilisations libres des oeuvres protegées dans le contexte numérique européen: d'une regulation publique à une régulation privée , Petites Affiches, 54, 2005, p12 - 14 Journal Article, 2005

Mazziotti, Giuseppe , Did Apple's refusal to license proprietary information enabling interoperability with its iPod music player constitute an abuse under Article 82 of the EC Treaty?, 2005 Working Paper, 2005

Mazziotti, Giuseppe , Did Apple's refusal to license proprietary information enabling interoperability with its iPod music player constitute an abuse under Article 82 of the EC Treaty? , World Competition , 28 , (2 ), 2005, p253 - 275 Journal Article, 2005

Mazziotti, Giuseppe , Monopoli elettronici e utilizzazioni libere nel diritto d'autore comunitario , Il Diritto di Autore , 75 , (2 ), 2004, p150 - 180 Journal Article, 2004

Non-Peer-Reviewed Publications

Mazziotti, Giuseppe, 'EU Digital Copyright Law and the End-User', Book presentation , Trento (Italy) , 31 March, 2008, University of Trento (Department of Law) Invited Talk, 2008

Mazziotti, Giuseppe, 'EU Digital Copyright Law and the End-User' , Book presentation, Catania, 26 May, 2008, University of Catania (Department of Law) Invited Talk, 2008

Mazziotti, Giuseppe, 'EU Digital Copyright Law and the End-User', Book presentation, Salerno, 9 June , 2008, University of Salerno (Department of Law) Invited Talk, 2008

Mazziotti, Giuseppe, 'EU Digital Copyright and the End-User', Book presentation, Florence, 6 March, 2008, European University Institute (Department of Law) Invited Talk, 2008

Mazziotti, Giuseppe, 'EU Digital Copyright and the End-User', Book presentation, Verona, 8 March, 2008, University of Verona (Department of Law) Invited Talk, 2008

Mazziotti, Giuseppe, 'EU Digital Copyright Law and the End-User", Book presentation, Sassari, 30 May, 2008, University of Sassari (Department of Political Sciences) Invited Talk, 2008

Mazziotti, Giuseppe, 'EU Digital Copyright Law and the End-User' , Book presentation, Ferrara, 13 June, 2008, University of Ferrara (Department of Law) Invited Talk, 2008

Mazziotti, Giuseppe, 'EU Digital Copyright Law and the End-User', Book presentation, Siena, 16 April , 2008, University of Siena (Department of Economics) Invited Talk, 2008

Mazziotti, Giuseppe, 'EU Digital Copyright Law and the En-User', Book presentation, Milan, 12 May, 2008, University of Milano Bicocca (Department of Law) Invited Talk, 2008

Research Expertise

Description

My work focuses on the intersection of intellectual property law, media, and technology. Over the past decade, I have critically examined developments in fast-growing areas of international and EU intellectual property law, antitrust and media law. My research emphasises how digital technologies and the Internet have altered the conditions and economics of content creation and distribution and enhanced free expression and communications. Recently, I have investigated the effects of the EU's Digital Single Market policies on copyright and media law, reflecting on how policy makers can facilitate the emergence of genuinely pan-European audiences. My scholarly contributions emphasise that EU regulation in this field is not only an instrument of trade policy, but also a policy tool to support linguistic and cultural diversity. In September 2018, I was awarded an EU Fulbright Schuman Innovation Grant at NYU School of Law, which allowed me to start developing a research project focusing on copyright law and the online liability standards implemented in the European Union and in the United States in the realm of social media platforms. This research is still in progress and aims at understanding whether and how existing licensing solutions and online enforcement measures can preserve the logic of incentive and reward underlying copyright without frustrating media freedom and users' freedom of expression. A comparison between Europe and United States is particularly important at a time when the European Union, in its attempt to unify digital markets and to create a 'quasi-federal' level of copyright regulation, enacted new forms of contractual protection of individual creators (i.e. authors and performers), broader rights for online press publishers and new standards of liability for providers of online content platforms (see Directive 2019/790). My present work on copyright, creativity and today's business models of online content platforms incorporates bits of future research, whose goals include: (I) Understanding how the transition from analogue media to digital networks changed the conditions of professional creative labour and how different categories of creators and content producers - in different sectors (for instance: journalism, book publishing, music, audio-visual works, visual arts) - are relying on copyright in digital settings. I would like to consider also recent historical changes from an economy where employment opportunities were provided by corporate entities to the advent of a new form of diffuse freelance work on the Internet. Moreover, I intend to take into consideration the implications of artificial intelligence solutions for traditional content creators, software developers, business actors and society at large. (II) Shedding light on how devisers of social media and user-generated content platforms compete with fully licensed on-demand suppliers of creative works with regard to rights clearance, contractual relationship with subscribers, and remuneration paid to copyright holders and whether recently enacted legislation at the EU level may place authors and performers in a better bargaining position. (III) Estimating whether and how a legally relevant and effective distinction between professional creators and unprofessional (or 'professionalizing amateur') authors can ensure a smoother enforcement of copyright and media law regulations and a more adequate reward for those who seek a monetary compensation from content distribution. Such distinction, which could be enabled by forms of registration of licenses and assignments of rights, would allow also an unrestricted transmission of (and access to) amateur-like works and broader opportunities for dissemination and re-use of such materials.

Projects

  • Title
    • European Union Public Licence (EUPL)
  • Summary
    • Giuseppe reviewed the Italian version of the EUPL, as drafted by the European Commission's legal services. He actively participated in the presentation of the licence to the public.
  • Funding Agency
    • EU Commission, DG Information Society
  • Date From
    • July 2007
  • Date To
    • January 2008
  • Title
    • Collecting societies and cultural diversity in the music sector
  • Summary
    • Giuseppe contributed as national expert and co-author to a project commissioned by the European Parliament to the Hellenic Foundation for European & Foreign Policy (ELIAMEP). The final study was presented at a formal hearing of the Committee on Legal Affairs Committee on 2 December 2009.
  • Funding Agency
    • European Parliament (DG for Internal Policy, Culture and Education)
  • Date From
    • January 2009
  • Date To
    • June 2009
  • Title
    • Legal Aspects of Public Sector Information (LAPSI)
  • Summary
    • Giuseppe led conception and development of a thematic network focusing on legal aspects of public sector information. The team was coordinated by the NEXA Center at Politecnico di Torino.
  • Funding Agency
    • EU Commission
  • Date From
    • March 2010
  • Date To
    • September 2012
  • Title
    • European Media Policies Revisited: Valuing and Reclaiming Free and Independent Media in Contemporary Democratic Systems (MEDIADEM)
  • Summary
    • Giuseppe led conception and development of a three-year FP7 project undertaken by fourteen universities coordinated by the Hellenic Foundation for European & Foreign Policy (ELIAMEP) in Athens, Greece. The project explored legal and policy aspects of Internet and media landscapes in Europe.
  • Funding Agency
    • European Commission
  • Date From
    • April 2010
  • Date To
    • March 2013
  • Title
    • Copyright in the EU Digital Single Market
  • Summary
    • Giuseppe coordinated a multi-stakeholder task force on copyright in digital Europe. He organised high-level workshops on law-and-technology issues, liaising with stakeholders and EU officials. He drafted and published a book ('Copyright in the EU Digital Single Market') that has been downloaded by approximately 11000 single users so far.
  • Funding Agency
    • Centre for European Policy Studies (CEPS)
  • Date From
    • August 2012
  • Date To
    • December 2013
  • Title
    • Addressing Liability Impact in Automated Systems
  • Summary
    • Giuseppe acted as legal advisor for a project focusing on legal aspects of technologies implemented in the air traffic management business. He conducted research on intellectual property rights, liability principles and duties of information regarding the development and use of automated systems.
  • Funding Agency
    • EUROCONTROL
  • Date From
    • June 2013
  • Date To
    • October 2013
  • Title
    • PLUGGY ("Pluggable Social Platform for Heritage Awareness and Participation": http://pluggy-project.eu)
  • Summary
    • PLUGGY aimed at building a user-generated content platform and related applications enabling citizens to be actively involved in cultural heritage activities, not only as users but also as content creators. Giuseppe provided legal advice to a consortium formed by universities, research centres, private companies and cultural organisations. His work focused mostly on copyright and rights clearance mechanisms, content exploitation strategies and online intermediary liability.
  • Funding Agency
    • European Commission
  • Date From
    • December 2016
  • Date To
    • November 2019

Keywords

Contracts; Creative Arts; Creative Commons; European Economic Integration; European Union Law; Intellectual property; Patent Protection; Patents, Copyrights, Trademarks

Recognition

Representations

Advised the European Union Intellectual Property Office (EUIPO, Alicante) on its "Frequently Asked Questions (FAQs) of Consumers about Copyright", acting as a copyright expert. Helped the EUIPO draft easily accessible answers (in Italian and English) to questions of general interest for consumers of works and other materials protected by copyright. October 2015 - May 2016

Lead Scientific Advisor for the 'Freedom of Panorama' project developed by the Paris-based Public Interest Clinic at HEC Paris and NYU School of Law for the Wikimedia Foundation January - April 2015

Lead Scientific Advisor at the Student Forum Maastricht 2015, Maastricht University, Brussels Campus; Tutor and Supervisor of the working group on 'Data Protection & the Digital Single Market' April 2015

Advised the College of Europe (Bruges) in delivering a training program on "The Digital Agenda for Europe and its Main Policy Objectives" (20 hours) offered to officers of the Azerbaijani government and of other public sector institutions at ADA University, Centre of Excellence in EU Studies, Baku (Azerbaijan) April 2015

Provided external advice to HEC Paris for production of "Understanding Europe: Why It Matters and What It Can Offer You", a Massive Online Open Course (MOOC) authored by Prof Alberto Alemanno. Recorded short video lectures in English on 'Intellectual Property in the EU' Jan-March 2014

Awards and Honours

Fellowship at Trinity College Dublin 20 April 2020

EU Fulbright Schuman Innovation Award 2018/2019

PhD grant from the Italian Ministry of Foreign Affairs (EUI) 2002-2005

Leonelli and Duranti Prize (Copyright law essay) 2005

Memberships

Fellow of Trinity College Dublin 20 April 2020 – Present

International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) 2011 – Present

ALAI (Association Littéraire et Artistique Internationale), Italian Group 2017 – Present

Andrea Mulligan


Dr. Andrea Mulligan
Assistant Professor, Law

Biography

I am an Assistant Professor of Law at the School of Law, teaching and researching in the field of Torts, Medical Law and Bioethics. My particular area of specialisation is the legal regulation of human reproductive technologies, ranging from established technologies such as IVF, surrogacy and donor-assisted conception to emerging and future technologies such as gene editing and human enhancement. I am interested in both the public law and private law aspects of this research field.

I also have research interests across the broader fields of Medical Law and Bioethics.

Flowing from my work in the field of reproductive technologies, I have an ongoing interest in the area of reproductive ethics, encompassing work on abortion ethics and regulation. I am currently working on conscientious objection rights in Irish abortion law.

I graduated from the LL.B programme at the School of Law, before going on to study on the LL.M programme at Harvard Law School, where I specialised in reproductive technologies and constitutional law. I returned to TCD for my doctoral studies, and was awarded my doctorate in 2014, for my thesis entitled "Fundamental Right and Organising Principles in the Regulation of Assisted Reproduction in Ireland." I was called to the Bar of Ireland in 2012.

Publications and Further Research Outputs

Peer-Reviewed Publications

Andrea Mulligan, Protecting Identity in Collaborative Assisted Reproduction: The Right To Know One's Gestational Surrogate, International Journal of Law, Policy and the Family, 2020 Journal Article, 2020

Redressing Unauthorised Vaginal Examination Through Litigation in, editor(s)Camilla Pickles and Jonathan Herring , Women's Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability, Oxford, Hart Publishing , 2020, [Andrea Mulligan] Book Chapter, 2020

Andrea Mulligan, A Vindicatory Approach to Tortious Liability for Mistakes in Assisted Human Reproduction, Legal Studies, 2019 Journal Article, 2019

Surrogacy Law in Ireland: The Troubling Consequences of Legislative Inertia in, editor(s)Peter Dunne and Lynsey Black , Law and Gender in Modern Ireland, Hart Publishing , 2019, pp117 - 136, [Andrea Mulligan] Book Chapter, 2019

Andrea Mulligan, Identity Rights and Sensitive Ethical Questions: The European Convention on Human Rights and the Regulation of Surrogacy Arrangements, Medical Law Review, 2018, p449 - 475 Journal Article, 2018

Mulligan, Constitutional Aspects of International Data Transfer and Mass Surveillance, Irish Jurist, 55, 2016, p199 - 208 Journal Article, 2016

Andrea Mulligan, The Right to Travel for Abortion Services: A Case Study in "Cross-Border Reproductive Care, European Journal of Health Law, 22, (3), 2015, p239 - 266 Journal Article, 2015

Andrea Mulligan, Self-Determination, Capacity and the Right to Die by Hunger Strike: Governor of X Prison v PMcD, Irish Jurist, 54, (2), 2015, p165 - 172 Journal Article, 2015

Andrea Mulligan, Maternal Brain Death and Legal Protection of the Foetus in Ireland, Medical Law International, 15, 2015, p182 - 195 Journal Article, 2015

Andrea Mulligan, Constitutional Parenthood in the Age of Assisted Reproduction" (2014) 48(1) Irish Jurist , Irish Jurist, 48, (1), 2014, p90 - 122 Journal Article, 2014

Andrea Mulligan, Article 8 and the Right to Respect for the Decision to Have or Not to Have a Child, European Human Rights Law Review, 4, 2014, p378 - 387 Journal Article, 2014

Andrea Mulligan, From Murray v Ireland to Roche v Roche: Re-Evaluating the Right to Procreate in the Context of Assisted Reproduction, Dublin University Law Journal, 35, 2012, p261 - 291 Journal Article, 2012

Andrea Mulligan, Tortious Liability for Mistakes in IVF: Duty of Care, Public Policy and the Non-Identity Problem in A(A Minor) and B(A Minor) v A Health and Social Services Trust, Dublin University Law Journal, 34, 2011, p256 - 270 Journal Article, 2011

Andrea Mulligan, Frozen Embryo disposition in Ireland After Roche v Roche, Irish Jurist, 46, (1), 2011, p202 - 210 Journal Article, 2011

Non-Peer-Reviewed Publications

Andrea Mulligan, Regulating Abortion in the Republic of Ireland, Regulating Abortion: The English, French and Irish Perspectives, Bar Library, Inn of Court of Northern Ireland, 30 January 2020, 2020, European Circuit/Bar of Northern Ireland Invited Talk, 2020

Andrea Mulligan, Protecting the Best Interests of the Future Child in the Regulation of Gene Editing Technologies, European Association of Health Law Conference, Toulouse, September 2019, 2019 Oral Presentation, 2019

Andrea Mulligan, Protecting the Best Interests of the Child in the Regulation of Gene Editing Technologies, 33rd European Conference on Philosophy of Medicine and Healthcare (ESPMH), Oslo, August 2019, 2019 Oral Presentation, 2019

Andrea Mulligan, Should there be a Legal Right to Know your Surrogate? Identity and the Role of Gestational Motherhood, British Sociology Association, Human Reproduction Study Group Annual Conference, May 2018, 2018 Oral Presentation, 2018

Andrea Mulligan, Article 8 ECHR and the Right to Identity in Assisted Human Reproduction, Society of Legal Scholars Annual Conference, London, September 2018, 2018 Oral Presentation, 2018

Oran Doyle, Andrea Mulligan and Mary Rogan, Graduate Attributes, Curriculum Reform, and Pedagogical Innovation, LERU Law Schools Conference - The Future of Legal Pedagogy, Lund, 14 November 2018, 2018 Meeting Abstract, 2018

Andrea Mulligan, Tortious Liability for Mistakes in Reproductive Treatment, Society of Legal Scholars Annual Conference, Dublin, September 2017, 2017 Oral Presentation, 2017

Andrea Mulligan Simon Mills, Medical Law in Ireland, 1st, Dublin, Bloomsbury Professional , 2017, 1 - 619pp Book, 2017

Andrea Mulligan, Regulation of Surrogacy and the ECHR, Surrogacy: Forging a legal and Policy Framework for Ireland, 2016 Invited Talk, 2016

Andrea Mulligan, The Use of DNAR Orders in Irish Law, CMG Interdisciplinary Professional Conference, 'Legalities in End of Life Care, Dublin, 2015 Invited Talk, 2015

International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Gamete Donation Across International Borders: The Challenge of Ensuring Donor Contact in Europe, International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Santander, Spain, 2015 Oral Presentation, 2015

Andrea Mulligan, The Human Fertilisation and Embryology Acts and the Protection of the Best Interests of Future Children., Postgraduate Bioethics Conference, King's College London, May 2013, 2013 Oral Presentation, 2013

Andrea Mulligan, The Contested Nature of the Best Interests Test, Conference on the Children's Rights Referendum, TCD, 2012 Oral Presentation, 2012

Andrea Mulligan, Crafting a Legal Framework for Assisted Reproduction: Values, Rules and Judicial Incrementalism, Irish Association of Law Teachers Annual Conference, Dublin, November 2012, 2012 Meeting Abstract, 2012

Andrea Mulligan, Revising the Meaning of Life: Legal Protection of Embryos in Ireland and Germany and Assisted Human Reproduction, Irish Society of Comparative Law, UCD, April 2011, 2011 Oral Presentation, 2011

Andrea Mulligan, Roche v Roche: some guidance for frozen embryo disputes, Trinity College Law Review, 13, 2010, p168 - 181 Journal Article, 2010

Recognition

Representations

Engaged as an academic expert by the UK Secretary of State for Health and Social Care to provide an expert report for the High Court of England and Wales on surrogacy laws in the Member States of the Council of Europe. Report cited by Mrs Justice Lieven of the High Court of England and Wales in her judgment. February/August 2019

Commissioned by Special Rapporteur for Children Geoffrey Shannon to work on legal report on discovery of mass graves at Tuam Mother & Baby Home. Report contributed to ultimate decision by government to exhume bodies. 2018 - 2019

Briefed by Attorney General to represent State in case of IRM v Minister for Justice before the Supreme Court. Case defined scope of right to life of unborn, prior to repeal of 8th Amendment. February 2018

Invited to brief Irish Hospice Foundation on constitutional issues and end of life care, including assisted suicide. September 2019

Council Member, Irish Association of Law Teachers 2019 to date

Medical Law Review, Peer Reviewer

Journal of Medical Ethics, Peer Reviewer

Medical Law International, Peer Reviewer

Fulbright Commission, Interview Panel for Law Scholarships 2016-2017

Lecturer in Law of Assisted Reproduction, Law Society of Ireland, Medical Law Module, Professional Practice Course PPCII. 2016 to date

Member, Incorporated Council for Law Reporting in Ireland. This is the body that is responsible for the reporting of cases of the Superior Courts of Ireland. 2019 to date

Commissioned by Special Rapporteur for Children Geoffrey Shannon to prepare a report on uncommenced sections of the Children and Family Relationships Act 2015 relating to assisted human reproduction. October 2016

Awards and Honours

Elected to Scholarship, Trinity College Dublin 2007

Lucy Gwynn Prize, Trinity College Dublin 2007

Kingsmill Moore Prize 2008

Fulbright Scholarship 2009

Dean's Scholar in Legal and Ethical Issues in Reproductive Technologies 2010

Ussher PhD Fellowship, Trinity College Dublin 2010-13

Memberships

European Association of Health Law

International Association of Bioethics

Northern/Irish Health Law and Ethics Network

Ethics, Law and Pregnancy in Ireland Network (ELPIN)

Bar of Ireland October 2014 – To date

Eoin O'Dell


Biography

Eoin O'Dell BCL(NUI), BCL(Oxon), PhD (Cantab), FTCD, Barrister-at-Law. Dr O'Dell lectures Contract, Restitution and Freedom of Expression, researches and publishes primarily in the fields of private and commercial law, and has been President of the Irish Association of Law Teachers and Editor of the Dublin University Law Journal.

Publications and Further Research Outputs

Peer-Reviewed Publications

Eoin O'Dell, Property and Proportionality: Evaluating Ireland's Tobacco Packaging Legislation, Queensland University of Technology Law Review , 17, (3), 2017, p46 - 65 Journal Article, 2017 TARA - Full Text URL

Eoin O'Dell, Compensation for Breach of the General Data Protection Regulation, Dublin University Law Journal, 40, (1), 2017, p97 - 164 Journal Article, 2017 TARA - Full Text URL

Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2015 Editorial Board, 2015

Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2015 Editorial Board, 2015

Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2014 Editorial Board, 2014

Eoin O'Dell, Prof Steve Hedley, & Patricia McGovern, Modernising Copyright The Report of the Copyright Review Committee, Dublin, 2013, 1-179 Report, 2013

Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2013-2015 Editorial Board, 2013

Dublin University Law Journal, 2013, Clarus Press, [eds.], 2013 Editorial Board, 2013

Eoin O'Dell, Prof Steve Hedley, & Patricia McGovern, Copyright and Innovation A Consultation Pape, Dublin, February, 2012, 1-172 Report, 2012

Geoffrey Shannon and Eoin O'Dell, Law and Practice: Essays on Reform, Dublin, Clarus Press, 2009, 1-479pp Book, 2009

Eoin O'Dell, Older people in modern Ireland : essays on law and policy, Dublin, First Law, 2006, 1-598pp Book, 2006

Irish Case Study on Commercial Trusts in, editor(s)Michele Graziadei, Ugo Mattei and Lionel Smith , Commercial Trusts in European Private Law, Cambridge, Cambridge University Press, 2005, pppassim , [O'Dell, Eoin, with N Moloney] Book Chapter, 2005

O'Dell, Eoin with Hugh Mohan SC, Paula Mullooly, Sinead McSweeney and Regina Terry , Report of the Legal Advisor Group on Defamation, Government Publications, 2003 Report, 2003

Ireland in, Restitution Law Review, 2003, [O'Dell, Eoin] Book Chapter, 2003

O'Dell, Eoin, Restitution, rectification and mitigation: negligent solicitors and wills, again, Modern Law Review, 65, (3), 2002 Journal Article, 2002 TARA - Full Text

Contract in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2001, Dublin , Round Hall Sweet & Maxwell, 2002, pp123 - 176, [O'Dell, Eoin] Book Chapter, 2002

O'Dell, Eoin, Unjust enrichment and the remedial constructive trust, Dublin University Law Journal, 23, 2001 Journal Article, 2001 TARA - Full Text

O'Dell, Eoin, Restitution: Debt and Taxes, Dublin University Law Journal, 23, 2001 Journal Article, 2001

O'Dell, Eoin, The use and abuse of Clayton's case, Dublin University Law Journal, 23, 2001 Journal Article, 2001 TARA - Full Text

Ireland in, Restitution Law Review, 2001, [O'Dell, Eoin] Book Chapter, 2001

Contract in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2000, Dublin, Round Hall Sweet & Maxwell, 2001, [O'Dell, Eoin] Book Chapter, 2001

O'Dell, Eoin, (Editor), Leading Cases of the Twentieth Century, Dublin, Round Hall Sweet & Maxwell, 2000 Book, 2000

Incapacity in, editor(s)Birks, P and Rose, F. , Lessons of the Swaps litigation, London, Mansfield Press, 2000, pp113 - 167, [O'Dell, Eoin] Book Chapter, 2000 TARA - Full Text

The Case that Fell to Earth, Sinclair v Brougham in, editor(s)O'Dell, Eoin , Leading Cases of the Twentieth Century, Round Hall Sweet & Maxwell, 2000, pp28 - 63, [O'Dell, Eoin, ed] Book Chapter, 2000 TARA - Full Text

Ireland in, Restitution Law Review, 2000, [O'Dell, Eoin] Book Chapter, 2000

Contract in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 1999, Dublin, Round Hall Sweet & Maxwell, 2000, [O'Dell, Eoin] Book Chapter, 2000

O'Dell, Eoin, Tracing, Dublin University Law Journal, 22, 2000, p131 - 172 Journal Article, 2000 TARA - Full Text

Contract Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 1999, Dublin , Round Hall Sweet & Maxwell, 2000, pp123 - 176, [O'Dell, Eoin] Book Chapter, 2000

Contract Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law, Dublin, Round Hall Sweet & Maxwell, 2000, pp81 - 126, [O'Dell, Eoin] Book Chapter, 2000

Ireland in, Restitution Law Review, 1999, [O'Dell, Eoin] Book Chapter, 1999

Eoin O'Dell, Reflections on a Revolution in Libel, Irish Law Times , 9, 1999, p214 - 218 Journal Article, 1999

Contract Law in, editor(s)Binchy, W and Byrne, R , Annual Review of Irish Law 1998, Round Hall Sweet & Maxwell, 1999, [O'Dell, Eoin] Book Chapter, 1999

Contract in, editor(s)Binchy, William and Byrne, Raymond with specialist contributors , Annual Review of Irish Law, 1998, Round Hall Sweet & Maxwell, 1999, [O'Dell, Eoin] Book Chapter, 1999

Bricks and Stones and the Structure of the Law of Restitution in, editor(s)O'Dell, Eoin , Dublin University Law Journal, Dublin, 1998, [O'Dell, Eoin] Book Chapter, 1998

Contract Law in, editor(s)Binchy, W and Byrne, R , Annual Review of Irish Law, 1997, Round Hall, 1998, [O'Dell, Eoin] Book Chapter, 1998

Contract Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 1996, Dublin, Round Hall Sweet & Maxwell, 1997, [O'Dell, Eoin] Book Chapter, 1997

O'Dell, Eoin, Insurance Payments (Mis)Directed, Equitable Maxims (Mis)Used, and Restitution Doctrines missed, Lloyd's Maritime and Commercial Law Quarterly, 1997, p197 - 203 Journal Article, 1997

O'Dell, Eoin, Restititution and res Judicata in the Irish Supreme Court, Law Quarterly Review, 113, 1997, p245 - 249 Journal Article, 1997

When two tribes go to war: privacy interests and media speech in, editor(s)McMonagle, M , Law and the Media, Dublin, Round Hall Press, 1997, pp181 - 256, [O'Dell, Eoin] Book Chapter, 1997 TARA - Full Text

O'Dell, Eoin, Restitution, coercion by a third party, and the proper role of notice, Cambridge Law Journal, 56, (1), 1997, p71 - 99 Journal Article, 1997 TARA - Full Text

Ireland in, Restitution Law Review, 1997, [O'Dell, Eoin] Book Chapter, 1997

Ireland in, Restitution Law Review, 1995, [O'Dell, Eoin] Book Chapter, 1995

Speech in a Cold Climate: The Chilling Effect of the Contempt Jurisdiction in, editor(s)L. Heffernan , Human Rights. A European Perspective, Dublin, Round Hall Press, 1993, pp219 - 228, [O'Dell, Eoin] Book Chapter, 1993

O'Dell, Eoin, Reform of Occupier's Liability - Part 1, Gazette I.L.S.I., 86, 1992 Journal Article, 1992

O'Dell, Eoin, a Tragedy in Five Acts: Behind the Scenes in Cotter and McDermott (No. 2), Irish Student Law Review 2, 1992 Journal Article, 1992

O'Dell, Eoin, Estoppel and Ultra Vires Contracts, Dublin University Law Journal, 14, 1992 Journal Article, 1992

O'Dell, Eoin, Reform of Occupier's Liability, Gazette I.L.S.I, 86, 1992 Journal Article, 1992

The Principle Against Unjust Enrichment, Dublin University Law Journal, 15, 1992 Journal Article, 1992

O'Dell, Eoin, Legal Aspects of the Control of Anti-Competitive Behaviour in Ireland, Irish Student Law Review 2, 1992 Journal Article, 1992

O'Dell, Eoin, Danger Invites Rescue. The Tort of Negligence and the rescue Principle, Dublin University Law Journal, 14, 1992 Journal Article, 1992

O'Dell, Eoin, Relfections on a Revolution in Libel - Part 2, Irish Law Times, 9, 1991 Journal Article, 1991

O'Dell, Eoin, Relfections on a Revolution in Libel - Part 1, Irish Law Times, 9, 1991 Journal Article, 1991

O'Dell, Eoin, Whyte, G.F., Fitzpatrick, Barry and Docksey, Christopher, Welfare, women and unjust enrichment, Industrial Law Journal , 20, (4), 1991, p304 - 320 Journal Article, 1991 DOI TARA - Full Text

Eoin O'Dell, "Does Defamation Value Free Expression? The Possible Influence of New York Times v. Sullivan on Irish Law", Dublin University Law Journal , 12, 1990, p50 - 80 Journal Article, 1990

O'Dell, Eoin, Does Defamation Value Free Expression? The Possible Influence of New York v. Sullivan on Irish Law, Dublin University Law Journal (new series), 12, 1990 Journal Article, 1990

O'Dell, Eoin, Does Defamation Value Free Expression? The Possible Influence of New York v. Sullivan on Irish Law, Dublin University Law Journal (new series), 12, 1990 Journal Article, 1990

Non-Peer-Reviewed Publications

Eoin O'Dell, Comparative Defamation and Privacy Law - Irish Perspectives, Dublin University Law Journal, 40, (1), 2017, p236 - 49 Journal Article, 2017 URL TARA - Full Text

Eoin O'Dell, 'cearta', cearta.ie, - Digital research resource production, URL

Research Expertise

Description

Contract, Restitution, Freedom of Expression, Defamation, Competition Policy, Constitutional Law and Intellectual Property

Keywords

Competition Policy, Constitutional Law; Contract, Restitution, Freedom of Expression, Defamation; Intellectual Property

Recognition

Representations

Dublin University Law Journal Editor 1999-2004

Dublin University Law Journal Technical Editor 1991-1999

Restitution Law Review, Regional Editor and Contributor for Ireland 1992 - to date

Irish Student Law Review Editor 1993

Member of Editorial Board, Irish Student Law Review 1992- to date

Irish Moot Court Committee, Founder, Treater and Author of the 1991 and 2003 Cases 1991

Member of Organising Committee for BILETA annual conference 1998

Member of Organising Committee for ALT / IALT annual Conference 1997

Acting President of IALT 1997-1998

Organiser of Annual IALT Conference: The Academy, The Bench and Law Reform 1998

Organiser of Annual Conference "The Leading Cases of the Twentieth Century" 1999

President IALT 1998-1999

Member of Organising Committee of IALT Annual Conference 2000

Council Member of Society of Legal Scholars 2003 - to date

Executive Member of Society of Legal Scholars 2003 - to date

Awards and Honours

College Scholarship, University College Cork 1989

Prendergast Scholar, University of Oxford, 1989

Rodney Overend Memorial Trust scholar 2001

Newton Trust Scholarship, University of Cambridge, 2001

Fellow, TCD 2003

Ph.D Researchers


Roisin Costello

Rory O'Sullivan Hennessy

Sadhbh McGrath

Lucia della Ventura