2008 Publications from CCJHR members

2008 saw a number of publications in criminal justice/human rights and other areas of law from staff and research student members of the Centre for Criminal Justice and Human Rights:

Olufemi Amao:
“Corporate Social Responsibility, Social Contract, Corporate Personhood and Human Rights Law: Understanding the Emerging Responsibilities of Modern Corporations” (2008) 33 Australian Journal of Legal Philosophy 100-133.

“The African Regional Human Rights System and Multinational Corporations: Strengthening Host State Responsibility for the Control of Multinational Corporations” (2008) 12 (5) International Journal of Human Rights 759-786 (Online)

“Mandating Corporate Social Responsibility: Emerging Trends in Nigeria” (2008) 6 (1) Journal of Commonwealth Law and Legal Education 75-95 (Online)

Dr Mary Donnelly:
Community-based Care and Compulsion: What Role for Human Rights? (2008) 15 Journal of Law and Medicine 782-793

The Right of Autonomy in Irish Law (2008) 14 (2) Medico-Legal Journal of Ireland 34-40

Ph.D Candidate Mairead Enright:

“Whither White Western Values? Comparative Perspectives on Culturally Motivated Decision-making for the Child” (2007) 7(1) HLJ 1 (available on Westlaw IE)

“Interrogating the Natural Order: Hierarchies of Rights in Irish Child Law” (2008) 11(1) IJFL 3 (available on Westlaw IE)

Dr Ursula Kilkelly:
European Convention on Human Rights in Irish Law (Jordan; 2008)

With Claire Hamilton, “Human Rights in Irish Prisons”, (2008:2) Judicial Studies Institute Journal 58 (online)

Ph.D candidate Susan Leahy:
“Hard Cases and Bad Law – An Overview of the Criminal law (Sexual Offences) Act 2006”, (2008) 26 Irish Law Times, 38

““In a Woman’s Voice” – A Feminist Analysis of Irish Rape Law”, (2008) 26 Irish Law Times, 203

“Review of J. Temkin and B. Krahé, Sexual Assault and the Justice Gap: A Question of Attitude’, (2008) 5 Web Journal of Current Legal Issues (Online)

Professor Maeve McDonagh
With White, F. ‘eGovernment in Ireland: An evaluation’ (2008) 56(1) Administration 19 – 56.

Dr. Siobhán Mullally:
Editor Irish Yearbook of International Law Vols 1, 2 – (Hart: Oxford, 2007; 2008 -) with Allain J.

“Multiculturalism and Human Rights” in The Universal Declaration of Human Rights at 60 (Chile; Centre for Human Rights, University of Santiago) (2008)

“Universalism”, “Cultural Relativism”, “Polyethnic Rights”, “Right of Exit”, “Multicultural Citizenship”, in New Oxford Companion to Law (Oxford; OUP, 2008); (Guest editor, Multiculturalism and Legal Pluralism)

“Migrant Women Destabilising Borders: Citizenship Debates in Ireland” in Cooper D, Grabham E, Krishnadas J and Herman D (eds). Intersectionality and Beyond: Law, Power and the Politics of Location (London: Routledge; 2008)

“Article 8, Best Interests of the Child and Immigration Law”, in Kilkelly U (ed) European Convention on Human Rights in Irish Law (Jordan; 2008)

Dr Conor O’Mahony:
“Special Educational Needs: Balancing the Interests of Children and Parents in the Statementing Process” (2008) 20 Child and Family Law Quarterly 199
“Constitutionalism and Legislation in Special Educational Needs Law: An Anglo-Irish Perspective” [2008] Public Law 125 (available on Westlaw UK)

Ph.D Candidate Andre Ventura:
Montenegro, Chiado Editora, Lisbon, March 2008 (2nd Ed)

“The Portuguese Constitutional Court: history, memory and judicial activity” (Portuguese) in Annual Book of Portuguese Constitutional Law, Vol. IV, Coimbra Editora, (2008)

“Juridical analysis of the Sentence C – 376/03 of the European Court of Justice (5th of July 2005) – the coherency and systematisation of the European Tax Law” (portuguese) in Revista do Centro de Pesquisas e Estudos Jurídicos de Mato Grosso do Sul (Brazil), (2008) (online)

Winter Publications from CCJHR members

The winter saw a number of publications in criminal justice/human rights and other areas of law from staff and research student members of the CCJHR.

PhD candidate Liam Thornton (UCC profile) published “Subsidiary Protection for Asylum Seekers Within Ireland” (2008) Irish Law Times 6. Liam also published a review of Olga Ferguson Sidorenko, The Common European Asylum System: Background, Current State of Affairs, Future Directions in [2007] 44(6) Common Market Law Review 1830 (access online).

PhD candidate, Judge David Riordan published “Immigrants in the Criminal Courts” (2007) Judicial Studies Institute Journal 95 (online).

PhD candidate Olufemi Amao (bepress; SSRN)published “Controlling Corporate Cowboys: Extraterritorial Application of Home Countries Jurisdiction to EU Corporations Abroad” (2007) University College Dublin Law Review (Symposium Edition) 67-79 (UCDLR Home) and “Corporate Social Responsibility, Multinational Corporations and the Law in Nigeria” (2008) 52 (1) Journal of African Law 89-113 (JAL Home).

Dr. Shane Kilcommins (UCC profile), with Barry Vaughan, published his new book entitled Terrorism, Rights and the Rule of Law (Willan Publishing)(buy online). Here’s the blurb:

The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the ‘war on terror’. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime.The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the ‘war on terror’, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology, as well as legal and other practitioners and policy-makers.

Dr. Conor O’Mahony (UCC profile) published “Constitutionalism and Legislation in Special Educational Needs Law: An Anglo-Irish Perspective” [2008] Public Law 125 (available on Westlaw UK).

Dr. Darius Whelan (UCC profile SSRN) published “Fitness for Trial in the District Court: the Legal Perspective” (2007) Judicial Studies Institute Journal 124 (online).

Dr. Mary Donnelly (UCC profile) published “Assessing Legal Capacity: Process and the Operation of the Functional Test” (2007) Judicial Studies Institute Journal 141 (online).

Fiona de Londras (UCC profile SSRN) published “Guantanamo Bay: Towards Legality?” (2008) 71(1) Modern Law Review 36 (online) and “Hamdan v Rumsfeld” (2007) 54(3) Netherlands International Law Review 539 (online)

Autumn Publications from CCJHR Members

The Autumn saw a number of publications in criminal justice/human rights and other areas of law from staff and research student members of the CCJHR.

PhD Candidate Claire Murray published “Safeguarding the Right to Liberty of Incapable Compliant Patients with a Mental Disorder in Ireland” in the Dublin University Law Journal in which she considers the current legislative provisions concerning the rights of incapable adults in Irish law and argues that they leave incapable adults susceptible to deprivations of liberty. The article then considers the adequacy of constitutional habeas corpus petitions and Article 5, ECHR litigation to vindicate the right to liberty of these incapable adults.

PhD candidate Olufemi Amao also published an article in the DULJ. His article, entitled “Reconstructing the Role of the Corporation: Multinational Corporations as Public Actors in Nigeria”, considers the role of corporate governance rules in the protection of various stakeholders affected by the operations of multinational corporations operating in Nigeria. Arguing for a paradigm shift in corporate governance in Nigeria, Amao’s article posits generalisable arguments about corporate governance that, in his words, “advocates harnessing the potentials of the private structure for the public interest”.

Dr. Catherine O’Sullivan has an article in the current issue of the Irish Criminal Law Journal entitled “The Burglar and the Burglarised: Self-Defence, Home-Defence and Barnes” (p. 10). The article concerns the recent Court of Criminal Appeal decision in DPP v Barnes ([2006] IECCA 165) in which a burglar who had caused the death of the homeowner attempted to appeal a murder conviction on the basis of self defence. O’Sullivan contextualises the case in the light of DPP v Nally ([2006] IECCA 168) and the LRC proposals on self-defence (Consultation Paper on Legitimate Defence).

Dr. Ursula Kilkelly has published “Complicated Childhood: the rights of children in committed relationships” in Binchy & Doyle (Eds) Committed Relationships and the Law (Four Courts Press; Purchase).

Dr. Shane Kilcommins and Dr. Barry Vaughan (IPA) published “The Europeanization of Human Rights: An Obstacle to Authoritarian Policing in Ireland” in the European Journal of Criminology. The article explores the extent to which European human rights standards (mostly the ECHR) “temper[..] the shift towards a repressive model of criminal justice by introducing greater regulation and oversight of policing” in Ireland.

Fiona de Londras has published “The Right to Challenge the Lawfulness of Detention: An International Perspective on U.S. Detention of Suspected-Terrorists” in the Journal of Conflict and Security Law (currently available by advance access) in which she considers the role of detention practices of the US in the ‘War on Terrorism’ and advocates the vindication of suspected terrorists’ right to challenge the lawfulness of their detention under international human rights law. She also published a comprehensive text book on The Principles of Irish Property Law (Clarus Press; Purchase).

Dr. Mary Donnelly and Fidelma White have published “Webtraders’ obligations under the Distance Selling Regulations 2001—From legal standards to best practice” in The Commercial Law Practitioner (p. 172) in which they consider webtraders’ pre-contract information obligations under the European Communities (Protection of Consumers in Respect of Contracts made by means of Distance Communication) Regulations 2001 and principles of best practice that exceed the requirements of the Regulations but that might nonetheless be adopted by webtraders for reputational reasons. The article presents the authors’ arguments in the context of an empirical study of 80 Ireland-based websites.

Outlining SSRN

Although it is now 10 years old, SSRN (the Social Sciences Research Network) has really only become popular for lawyers (at least outside of the United States) in the past 2-3 years. The rise of SSRN has been accompanied in Europe in particular by some puzzlement and the purpose of this post is to give a brief overview of the workings of the Network and the reason people publish on it.

SSRN is a mechanism by which one can publicise work and can be perhaps best described as a repository or a paper bank. Some people choose to put full-text papers on SSRN and some to merely put up abstracts. Some publishers have publishing relationships with SSRN so that papers published in their journals can be downloaded for a fee online either through the publishing house’s own online database or through SSRN, although the vast majority of papers posted there are available for free.

Developing an SSRN page is a good way to boost one’s name-recognition (the site has a high ‘google’ rank) but also offers a shortcut in terms of publication. First of all it allows for the online publication of conference papers or unpublished works and readers frequently offer feedback on articles to the author thus making them stronger when it comes time for journal-submission. In addition, SSRN has its own ‘journals’ – essentially email lists that allow for the dissemination of work. These journals are organised in various ways – by topic area, by institution etc – but anyone can sign up to them and in that way keep abreast of contemporary scholarship in various areas of interest to them as well as using them as a way of advertising their own work. Finally, SSRN also allows people the facility of submitting their work to law reviews (mostly US-based journals) and (hopefully) beginning the traditional publication process.

For these various reasons SSRN is becoming increasingly popular – particularly with younger scholars joining the academic job-market – although some wariness continues particularly among people working on particularly innovative ideas who are cautious of publishing their work online prior to journal-publication because of the (sometimes quite realistic) risk of plagiarism.

A number of CCJHR members have SSRN pages – Dr. Siobhán Mullally, Dr. Shane Kilcommins, Dr. Darius Whelan, Prof. Maeve McDonagh, Fiona de Londras

Update If posting an accepted paper on SSRN it is advisable to ensure that the terms of your copyright release and/or licence with the publishing journal allow for the posting. If your agreement is silent on this issue it is usually advisable to contact the editor you worked with on the piece and check that it is acceptable to post the entire paper. In any case posting an abstract, with a full reference to the published paper, ought to be unproblematic.