PhD Candidate Claire Murray published â€œSafeguarding the Right to Liberty of Incapable Compliant Patients with a Mental Disorder in Irelandâ€ 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, Amaoâ€™s article posits generalisable arguments about corporate governance that, in his words, â€œadvocates harnessing the potentials of the private structure for the public interestâ€.
Dr. Catherine Oâ€™Sullivan has an article in the current issue of the Irish Criminal Law Journal entitled â€œThe Burglar and the Burglarised: Self-Defence, Home-Defence and Barnesâ€ (p. 10). The article concerns the recent Court of Criminal Appeal decision in DPP v Barnes ( 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. Oâ€™Sullivan contextualises the case in the light of DPP v Nally ( IECCA 168) and the LRC proposals on self-defence (Consultation Paper on Legitimate Defence).
Dr. Ursula Kilkelly has published â€œComplicated Childhood: the rights of children in committed relationshipsâ€ in Binchy & Doyle (Eds) Committed Relationships and the Law (Four Courts Press; Purchase).
Dr. Shane Kilcommins and Dr. Barry Vaughan (IPA) published â€œThe Europeanization of Human Rights: An Obstacle to Authoritarian Policing in Irelandâ€ in the European Journal of Criminology. The article explores the extent to which European human rights standards (mostly the ECHR) â€œtemper[..] the shift towards a repressive model of criminal justice by introducing greater regulation and oversight of policingâ€ in Ireland.
Fiona de Londras has published â€œThe Right to Challenge the Lawfulness of Detention: An International Perspective on U.S. Detention of Suspected-Terroristsâ€ 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 â€˜War on Terrorismâ€™ and advocates the vindication of suspected terroristsâ€™ 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 â€œWebtraders’ obligations under the Distance Selling Regulations 2001â€”From legal standards to best practiceâ€ 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 authorsâ€™ arguments in the context of an empirical study of 80 Ireland-based websites.