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Download or read book Trinity College law review written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.:/5 (51 download)
Download or read book Trinity College Law Review written by and published by . This book was released on 2007 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Shreya Atrey
Publisher : Oxford University Press
ISBN 13 : 0192588834
Total Pages : 256 pages
Book Rating : 4.1/5 (925 download)
Download or read book Intersectional Discrimination written by Shreya Atrey and published by Oxford University Press. This book was released on 2019-09-19 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.
Author : Liz Heffernan
Publisher :
ISBN 13 : 9781858003856
Total Pages : pages
Book Rating : 4.0/5 (38 download)
Download or read book Dublin University Law Journal written by Liz Heffernan and published by . This book was released on 2007-10-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Devoted exclusively to developments in contemporary Irish law. This journal is divided into key articles, a section for case and comment, and important book reviews.
Author : Rachael Walsh
Publisher : Cambridge University Press
ISBN 13 : 110842693X
Total Pages : 321 pages
Book Rating : 4.1/5 (84 download)
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Author : Stevie Martin
Publisher : Routledge
ISBN 13 : 1000374807
Total Pages : 228 pages
Book Rating : 4.0/5 (3 download)
Download or read book Assisted Suicide and the European Convention on Human Rights written by Stevie Martin and published by Routledge. This book was released on 2021-04-13 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban’s compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.
Author : Ivana Bacik
Publisher :
ISBN 13 : 9781905536672
Total Pages : 0 pages
Book Rating : 4.5/5 (366 download)
Download or read book Criminal Law and Practice Review written by Ivana Bacik and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Law & Practice Review (formerly Criminal Law & Procedure Review) is a new book from Clarus Press in collaboration with the School of Law at Trinity College, Dublin. Originally based on the Criminal Law Update Conference held annually at Trinity College, the Review includes article versions of the papers presented at the conference, along with new articles and notes on recent developments in substantive and procedural criminal law in Ireland. The book will be of great interest to all criminal lawyers - including practitioners, academics, and students - as well as those interested in criminology, victimology, policing, evidence, and other related criminal law topics. Contents include: ** (Feature Articles) The Proposed Court of Appeal * Victims of Crime with Disabilities in Ireland * Sentencing White-Collar Crime Problems and Principles * Improperly Obtained Evidence, Silence, and Legal Advice: Ongoing Change in Seemingly Settled Situations? * Ireland's Proposed DNA Framework * Addressing Uncertainty in the Defenses of Self-Defense, Diminished Responsibility, and Provocation * Legislative Developments in Criminal Law and Procedure ** (Case and Commentary) Vague Offenses and the High Court * The Statutory Retention of Fingerprints.
Author : Valentin Jeutner
Publisher : Cambridge University Press
ISBN 13 : 1009445669
Total Pages : 217 pages
Book Rating : 4.0/5 (94 download)
Download or read book The Reasonable Person written by Valentin Jeutner and published by Cambridge University Press. This book was released on 2024-05-31 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeutner argues that the reasonable person is, at heart, an empathetic perspective-taking device, by tracing the standard of the reasonable person across time, legal fields and countries. Beginning with a review of imaginary legal figures in the legal systems of ancient Egypt, Greece, and Rome, the book explains why the common law's reasonable person emerged amidst the British industrialisation under the influence of Scottish Enlightenment thinking. Following the figure into colonial courts, onto battlefields and into self-driving cars, the book contends that the reasonable person invites judges, jury-members, and lawyers to take another person's perspective when assessing their own or another person's conduct. The perspective of another is taken by means of empathy, by feeling what others might feel in a particular situation. Thus construed, the figure of the reasonable person can help us make more accurate judgments in a diverse world.
Author :
Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.F/5 ( download)
Download or read book Northwestern University Law Review written by and published by . This book was released on 1960 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Windell Nortje
Publisher : Springer
ISBN 13 : 3030206637
Total Pages : 160 pages
Book Rating : 4.0/5 (32 download)
Download or read book Child Soldiers and the Defence of Duress under International Criminal Law written by Windell Nortje and published by Springer. This book was released on 2019-07-05 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.
Author : Andrew T. Kenyon
Publisher : Cambridge University Press
ISBN 13 : 110712364X
Total Pages : 399 pages
Book Rating : 4.1/5 (71 download)
Download or read book Comparative Defamation and Privacy Law written by Andrew T. Kenyon and published by Cambridge University Press. This book was released on 2016-04-21 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading experts from common law jurisdictions examine defamation and privacy, two major and interrelated issues for law and media.
Author : Hurst Hannum
Publisher : Cambridge University Press
ISBN 13 : 1108417485
Total Pages : 245 pages
Book Rating : 4.1/5 (84 download)
Download or read book Rescuing Human Rights written by Hurst Hannum and published by Cambridge University Press. This book was released on 2019-02-14 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on understanding human rights as they really are and their proper role in international affairs.
Author : Gerard Hogan
Publisher : Bloomsbury Publishing
ISBN 13 : 1784516678
Total Pages : 3040 pages
Book Rating : 4.7/5 (845 download)
Download or read book Kelly: The Irish Constitution written by Gerard Hogan and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 3040 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.
Author : Krommendijk, Jasper
Publisher : Edward Elgar Publishing
ISBN 13 : 1800374178
Total Pages : 224 pages
Book Rating : 4.8/5 (3 download)
Download or read book National Courts and Preliminary References to the Court of Justice written by Krommendijk, Jasper and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.
Author : Wolf-Georg Ringe
Publisher : Oxford University Press
ISBN 13 : 0191034525
Total Pages : 289 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Deconstruction of Equity written by Wolf-Georg Ringe and published by Oxford University Press. This book was released on 2016-05-27 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: New investment techniques and new types of shareholder activists are shaking up the traditional ways of equity investment that informs much of our present-day corporate law and governance. Savvy investors such as hedge funds are using financial derivatives, securities lending transactions, and related concepts to decouple the financial risk from shares. This leads to a distortion of incentives and has potentially severe consequences for the functioning of corporate governance and of capital markets overall. Taking stock of the different decoupling strategies that have become known over the past several years, this book then provides an evaluation of each from a legal and an economic perspective. Based on several analytical frameworks, the author identifies the elements of equity deconstruction and demonstrates the consequences for shareholders, outside investors, and capital markets. On this basis, the book makes the case for regulatory intervention, based on three different pillars and comprising disclosure, voting right suspension, and ex-post litigation. The book concludes by developing a concrete, comprehensive proposal on how to address the regulatory problem. Overall, this book contributes to the debate about activist investment and the role of shareholders in corporate governance. At the same time it raises a number of important considerations about the role of equity investment more generally.
Author : Brian Tobin
Publisher : Bloomsbury Publishing
ISBN 13 : 1509952543
Total Pages : 239 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Legal Recognition of Same-Sex Relationships written by Brian Tobin and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the key issues affecting same-sex families in Ireland and beyond today: marriage; formalised and non-formalised same-sex relationships outside of marriage; parental rights for same-sex couples with donor-conceived or surrogate-born children; and the protections afforded to same-sex families under European human rights law. It critically examines the Irish and Australian citizen-led approaches to achieving marriage equality, which made Ireland and Australia the first and second countries in the world, respectively, to extend the institution of marriage to same-sex couples on foot of a popular vote. It analyses the pragmatic and symbolic effects of civil partnership, which was the premier means of formalising same-sex unions in Ireland. Ireland's hurried 'divorce' from civil partnership in the aftermath of marriage equality is examined in light of evidence from the U.K. indicating that this mode of relationship recognition remains popular with both same-sex and opposite-sex couples in that jurisdiction. The book goes on to consider the legal position of same-sex couples who are parenting children born via assisted reproductive techniques (ARTs) like donor-assisted human reproduction (DAHR) and surrogacy. Finally, it looks at the impact (or lack thereof) of the European Convention on Human Rights (ECHR) as regards the protection of same-sex relationships, marriage and parental rights for same-sex couples. It does this to determine what is required of Ireland and other states party to the ECHR to comply with European human rights obligations when it comes to legally recognising couples, and parents, of the same sex. Shortlisted for the 2024 SLS Margaret Brazier Prize for Outstanding Mid-Career Scholarship.
Author : Anton P. Trichardt
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141871
Total Pages : 480 pages
Book Rating : 4.0/5 (411 download)
Download or read book Letters of Comfort written by Anton P. Trichardt and published by Kluwer Law International B.V.. This book was released on 2011-12-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first thoroughgoing analysis of the contractual effect of letters of comfort as it appears in both common law and civil law systems. The commentary draws on cases from a wide variety of jurisdictions and on the full range of legal scholarship on the subject in several languages. Among the specific issues and topics raised along the way are the following: the typology of letters of comfort; the legal nature of letters of comfort; the use of letters of comfort in corporate group and banking practice; the economic explanation for the use of letters of comfort; the contractual effect of letters of comfort in French law; ‘ten commandments’ of letters of comfort; Clearly evoking the tension between business needs, the law, and judicial application, the book analyses what happens when the relationship between a lender and a creditor breaks down, or the latter becomes insolvent, and courts or arbitrators are asked to determine the legal status of a comfort letter. This is an area of practice in which lawyers in any field of business activity are inevitably concerned, and in which useful guidance is scarce. For this reason this detailed analysis will be very welcome.
