International Law

Transgender Law - Lydia Foy in High Court

Posted on November 19, 2007
As many people will know, the High Court has decided in the Lydia Foy case that it will issue the first declaration of incompatibilty of an Irish law with the European Convention on Human Rights. The full judgment is not yet available on the Courts Service website...

Media and Tribunals

Posted on October 30, 2007
A Divisional Court of the High Court has ruled that Geraldine Kennedy and Colm Keena of the Irish Times must answer questions regarding the source of an article abou the Mahon Tribuanl.The full judgment is not yet on the Courts Service website but is available here...

Extradition of Exoo Refused

Posted on October 30, 2007
I have noted previously here the case of Reverend George Exoo, whose extradition was sought from the U.S.A. to Ireland for alleged assistance in a suicide.It's now being reported that Exoo's extradition has been refused:RTE: Extradition of Exoo halted in US The Times West Virginian: Ex-Beckley minister freeIrish Times: Minister in suicide case calls for change in Irish lawAs far as I can work out, the judgment was issued by the U...

Mandatory Life Sentences, the Constitution and the ECHR

Posted on October 05, 2007
RTE is reporting that a challenge to the mandatory life sentence has been rejected: Challenges to life sentences rejected Friday, 5 October 2007 16:20 "Two convicted murderers have lost their High Court challenge to the constitutionality of the mandatory life sentence for murder...

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The Latest from UCC Law Faculty ...

Posted on September 28, 2007
The UCC Law Faculty Newsletter 2007 is now available here.Forthcoming UCC Centre for Criminal Justice and Human Rights (CCJHR) events are listed here.These include:25 October 2007: Mental Health and Human Rights Seminar3 April 2008: Youth Justice Conference [call for abstracts now online] Thanks to Fiona De Londras, the new CCJHR blog is here.

High Court Case on Unmarried Fathers

Posted on September 13, 2007
There've been a large number of media reports on a recent High Court case concerning an unmarried father, Mr. G. The judge appears to have emphasised family rights under Article 8 of the European Convention on Human Rights.The full judgment doesn't appear to be on the Courts Service website yet...

Forthcoming Irish Law Events

Posted on September 05, 2007
The latest Irish Law Update is available here.It includes forthcoming events such as the following:Fri. Sep 7, 2007Preventing Ill-Treatment - Ireland and the OPCAT - Irish Council for Civil Liberties, Dublin Seminar on Optional Protocol to the United Nations Convention Against Torture (OPCAT)www...

Statutory Instruments 2007

Posted on September 05, 2007
Through Helen Mulcahy, our law librarian, I've learnt that Statutory Instruments of 2007 are now available in PDF atwww.attorneygeneral.ie/esi/2007/esi_num.html Strangely, there's now a gap in public Statutory Instrument coverage:From 1922 to Number 350 of 2005, go to www...

Extradition / Assisted Suicide

Posted on August 19, 2007
An interesting news story:"Judge considers verdict in suicide caseA US judge has adjourned the case of a man accused of assisting an Irish woman with suicide to consider whether the alleged crime warrants his extradition.The Reverend George Exoo, a former Unitarian minister, has been accused of assisting a 48-year-old Irish woman with her suicide in Dublin in 2002...

Irish Law RSS Feeds

Posted on August 17, 2007
For those who are fans of RSS feeds I've added two new feeds to the Irish Law Site cases page:The IRLII Lastest Irish Cases RSS News FeedThis feed has been on the IRLII site for quite a while now (about a year?) and is maintained by my colleague John Mee with the assistance of Micheal O'Dowd...

LRC Report on Spent Convictions

Posted on August 17, 2007
There've been quite a number of interesting reports over the past few weeks which I've been meaning to include in posts but am only getting around to now. The first one is the Law Reform Commission?s Report on Spent Convictions.Here's an extract from the press release:"The Report sets out in detail the elements of the proposed spent convictions law and it also includes a draft Spent Convictions Bill to implement the Commission?s recommendations...

Review of Mental Health Act 2001 published

Posted on July 29, 2007
The Department of Health and Children has published a review of the Mental Health Act 2001 which is available atwww.dohc.ie/publications/mental_health_act_review07.html. The review suggests very few changes to the Act, but some interesting points include the following:The Minister accepts in principle that the references to "unwilling" in sections 59 and 60 should be removed, but this will need to be done in the context of any new capacity legislationThe Minister accepts that there appears to be a drafting error in section 61As consultant numbers increase consideration should be given to reducing the 14 day time period allowed for in section 17(1)(c)(iii) to receive the second consultant?s report...

Family Law Matters

Posted on July 13, 2007
The Courts Service has launched its second report on Family Law proceedings, 'Family Law Matters'. This is part a series of reports which are a Courts Service initiative to shine a light on family law courts. The report provides information under four headings; Reports, Statistics, Opinion and Judgments...

Advertising Law in the Information Age event

Posted on July 13, 2007
We've been busy running the third E Law Summer Institute. The Press release is here.As part of the Institute, we have a guest lecture, open to all, as follows:Advertising Law in the Information AgeDouglas Wood, Attorney, Reed Smith, New YorkWednesday 1 August 2007, 9...

Mahon Tribunal Case 4 July 2007

Posted on July 05, 2007
Yesterday's Mahon Tribunal case in the Supreme Court is available on the Courts Service website at www.courts.ie/Judgments.nsf/Webpages/HomePageThe title isFitzwilton Limited and Others -v- Judge Alan Mahon and Others [2007] IESC 27A brief extract from paragraph 14 of Denham J's judgment:'I also note the words of the next paragraph...

LRC Public Consultation - Dublin, 18 July 2007

Posted on June 29, 2007
Law Reform Commission Public Consultations on Law ReformThe Commission is coming to the end of its Second Programme of Law Reform 2000- 2007 and has started identifying new areas of law to be included in a Third Programme of Law Reform, which will run from 2008...

Mental Health (Criminal Law) Review Board - new website

Posted on June 21, 2007
The Mental Health (Criminal Law) Review Board, established under the Criminal Law (Insanity) Act 2006, now has a website atwww.mhclrb.ie [link fixed 22 June'07 12.15 p.m.]A brief summary of the provisions of the Criminal Law (Insanity) Act 2006 is available on the Citizens' Information website.

Another James Joyce Copyright Case

Posted on April 17, 2007
Many people will be aware of cases concerning copyright in James Joyce's works such asSweeney v. NUI Cork T/A Cork University Press [2000] IEHC 70 and Sweeney v. MacMillan Publishers [2001] EWHC Ch 460.In 2004, a brief amendment to the Copyright legislation was passed due to concerns about possible litigation concerning Joyce's works...

Court Action re Constituency Boundaries

Posted on April 17, 2007
TDs take court case over boundary figures disparityTwo Independent TDs have initiated a legal challenge to the constitutionality of holding the general election on the basis of the current constituencies, given the huge disparities in population revealed by the census figures...

New IrishLaw Update Published

Posted on April 16, 2007
A new IrishLaw Update has been published and is available atwww.ucc.ie/law/irishlaw/updates/no32_16apr2007.shtml This includes a list of forthocoming events such as the following:Tue.24 Apr.'07: Competition and the Legal Profession - Irish Centre for European Law Conference, Dublinhttp://www...

Vacancies: Lecturers in Law (2), University College Cork

Posted on April 10, 2007
http://www.ucc.ie/en/hr/EmploymentOpportunities/ :University College CorkLECTURERS IN LAW (2 POSTS)College of Business and LawThe Department of Law has established itself as one of the leading law schools in Ireland. It has a distinguished history over many decades in attracting high quality students and recruiting high quality staff nationally and internationally...

Final Report of the Balance in the Criminal Law Review Group

Posted on March 29, 2007
Press Release from www.justice.ie :Final Report of the Balance in the Criminal Law Review GroupThe Tanaiste and Minister for Justice, Equality and Law Reform, Michael McDowell, T.D, has published the final report of the Review Group he established last November, chaired by Dr...

Cork Online Law Review 2007

Posted on March 13, 2007
Cork Online Law Review 2007http://colr.ucc.ie ARTICLES:Foreword by Dr Carol Coulter, Family Law Reporter, Courts Service1 Anthony Finegan - Asbestos-Related Injury Litigation2 Eilionoir Flynn - Access to Services for People With Disabilities3 Eleanor Leane - Principles of Juvenile Justice4 Tom Flynn - Copyright Law in a Digital Age5 Paul Daly - The House of Lords and the Government6 Olufemi Amao - Reflexive Law and the C...

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