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)