The Twelfth Edition
The Twelfth Edition was launched this evening, 7th of March 2013, in University College Cork by the Hon. Mrs Justice Susan Denham, Chief Justice of Ireland. Included in the Twelfth Edition is a forward from Prof. Ursila Kilkelly, dean of the Faculty of Law, University College Cork.
The Gold Medal for Best Overall Submission for the Twelfth Edition was awarded to Anthony O’ Dwyer for his article The ‘Droit de Suite’, An Analysis Across Two Jurisdictions: Cross Fertilisation Towards Inclusivity.
Th Inaugural Gold Medal for Best Letter was won by John Lombard for his letter on The Need for Guidelines in Special Palliative Care.
The full Twelfth Edition is available to view and download here.
1 The CJEU’s Approach to Matters of Direct Taxation: A Critical Analysis
Stephen Daly [2013] COLR 1
2 Illegality, Resulting Trusts and Twin Presumptions: Antiquated Law Meets Modern Society
Olivia Carpenter [2013] COLR 19
3 Encouraging the Development of Prisoner Re-Integration in Irish Penal Policy: Financing Social Re-Integration Alternatives
Stephen Kirwan [2013] COLR 37
4 The ‘Droit de Suite’, An Analysis Across Two Jurisdictions: Cross Fertilisation Towards Inclusivity
Anthony O’ Dwyer [2013] COLR 59
5 Abandoned To Principle: An Overview of the Law on Euthanasia and Assisted Suicide in the UK and Ireland, and the Case for Reform
Nicholas Liddane [2013] COLR 79
6 Airteagal 40.3.3: Gan Reachtaíocht, Gan Réasúin
Gary Moloney [2013] COLR 105
7 The Inaugural Gold Medal for Best Letter Submission 2013: The Need for Guidelines in Special Palliative Care
John Lombard [2013] COLR 115
The Eleventh Edition
The Eleventh Edition was launched on the evening of the 13th of March 2012 in the University College Cork Staff Common Room by Ms Fionnula Mulcahy, Letters Editor of The Irish Times newspaper. Her remarks included words of commendation for COLR’s newest initiative, the Legal Letters to the Editor section of CorkOnlineLawReview.com. Included in the Eleventh Edition is a forward from Dr Fiona Donson of the Faculty of Law, University College Cork.
The Medal for Best Language Submission for this Edition was awarded to Dr Verena Klappstein for her article ‘Leben und Arbeit der Frauen im Nationalsozialismus’ [2012] COLR 12.
The Medal for Best Overall Submission for the Eleventh Edition was awarded to Mr Donnacha O’Sullivan for his article ‘A Critical Analysis of the Protection of Families Under the Irish Constitution of 1937′ [2012] COLR 1.
The Edition is available to view and download here.
1 A Critical Analysis of the Protection of Families Under the Irish Constitution of 1937
Donnacha O’Sullivan [2012] COLR 1
2 Leben und Arbeit der Frauen im Nationalsozialismus
Dr Verena Klappstein [2012] COLR 12
3 Justice for the King: The Independence of the Judiciary from Governmental Officials in Ireland and China
Mário Bil’o [2012] COLR 31
4 A Comparative Analysis of the Sentencing Process in Cases of Murder in Ireland, England and Wales
Rebecca West [2012] COLR 39
5 Environmental Concerns and Trade Disputes: An Overview from the GATT and the WTO Dispute Settlement System
Maria Alejandra Calle [2012] COLR 48
6 Personal Injury Reform: Eight Years On
Neil Patton [2012] COLR 65
7 Is Interrogational Torture Morally Justified Under Finnis’ Nine Requirements of Practical Reasonableness?
Hugh J McCarthy [2012] COLR 77
8 Justifying the Use of Previous Convictions as an Aggravating Factor at Sentencing
Thomas Mahon [2012] COLR 85
9 The European Court of Human Rights: A Constitutional Court Endangering States’ Sovereignty?
Solène Guggisberg [2012] COLR 98
10 Fair or Foul? The European Arrest Warrant ‘Justice sans Frontier’: An Instrument of Use Open to Abuse
Ian Bailey [2012] COLR 107
The Tenth Edition
The Tenth Edition was launched today in the University College Cork Staff Common Room by the The Honourable Mr. Justice John L. Murray, Chief Justice of Ireland. The tenth anniversary of the first COLR edition is observed with a foreward from Dr. Vicky Conway, Co-Editor-in-Chief of the First Edition. Included in the Tenth Edition is a guest contribution from the Ex-Officio President of the 81st Session of the Law Society, University College Cork, Professor David Gwynn Morgan.
The Medal for Best Language Submission for this Edition was awarded to Mr. Barry Hennessy for his Irish Essay, Iniúcadh ar Dhlíthe na Coinbhleachta Armtha i dtaobh cé acu a Maolaíodh Brúidiúlacht an Chogaidh nó Nach Maolaíodh.
The Medal for Best Overall Submission for the Tenth Edition was awarded to Ms. Jolene Quinn for her essay, The Management Company Passport: A New Era of Cross Border UCITS.
The Edition in full is available for download here: PDF
Professor David Gwynn Morgan – Parliamentary Inquiries: The Context of the Joint Oireachtas Committee’s Proposals
Barry Hennessy - Iniúcadh ar Dhlíthe na Coinbhleachta Armtha i dTaobh cé acu a Maolaíodh Brúidiúlacht an Chogaidh nó Nach Maolaíodh
Sarah Taheny – La Loi sur la Dissimulation du Visage: La Fin de Débat Juridique?
Jolene Quinn – The Management Company Passport: A New Era of Cross Border UCITS
Sophie Rushton – Corruption and Development: The International Anti-Corruption Movement and Anti-Corruptionism in India
Rebecca West – Case Comment: Whelan and Lynch v The Minister for Justice, Equality and Law Reform
Garret Sammon – Law, Literature and the Importance of Narrative to the Legal Education
Donncha Conway – A Comparative Analysis of Freedom of Association, Trade Unions and Labour Rights in Ireland and China
The Ninth Edition
The Ninth Edition of the Cork Online Law Review was launched at the beginning of March (2010) in the University College Cork Staff Common Room. The Chief State Solicitor, Mr. David O’Hagan was on hand to launch the edition and share his thoughts on the future of legal practice in Ireland.
The Medal for Best Overall Submission was awarded to Ms. Jennifer Hourihane for her essay, “The Perfect Storm” – Impact and Assessment of the Proposed Alternative Investment Fund Managers Directive.
The Edition in full is available here: PDF
Henry Rossouw -Alternatives to Traditional Sentencing Methods – The Efficacy and Constitutionality of Periodic Imprisonment in South Africa
Anthanasia Hadjigeorgiou – Balancing Conflicting Interests During Pregnancy: Ultrasound v Reality
Brian O’Reilly – In the Name of the Most Holy Trinity: Religious Anachronisms and the Need for a Secular Constitution
Jennifer Hourihane – “The Perfect Storm” – Impact and Assessment of the Proposed Alternative Investment Fund Managers Directive
Glen Wright – Designing Climate Change Law: A Comparative Analysis of the US and the EU
Niamh O’Sullivan – Scientific Uncertainty and the Precautionary Principle
Donna Lyons – Limiting the Potential for Bystander Apathy: On the Introduction of a Duty to Rescue in International Law
Anthanasia Hadjigeorgiou – Rethinking the Mechanisms for Judgment Compliance in the Council of Europe and Eliminating the ‘Legal/Political Gap’
The Eighth Edition
The Eighth Edition was launched in March 2009 in the Staff Common Room by Mr James McGuill, Former President of the Law Society.
The Edition in full is available here: PDF
Marie-Claire Rush – The Deficiencies of International Humanitarian Law in Armed Conflicts of a ‘Mixed’ Character – Towards a Single Law of Armed Conflict?
Joan Donnelly – The Impact of EU Membership on Ireland’s Sovereignty Over its Airspace and the Implications for Government Regulation of the Irish Air Industry
Elaine Dewhurst – Access to Justice and the Impact of Delay on Migrant Workers in Ireland
John Cronin – Punishment in Modern Day Ireland
Siobhan Drislane – As I Stand Before You: The Emergence and Existence of Individual Justice
The Seventh Edition
The Seventh Edition was launched in March 2008 in the Staff Common Room by Professor Gerry Whyte of Trinity College Dublin.
The Edition in full is available here: PDF
Darragh K Connell – The Final Whistle For International Football?
Eoin Daly – Religious Discrimination Under The Irish Constitution: A Critique of the Supreme Court Jurisprudence
Paul Flynn – Law and Human Rights: Building a Complimentary Relationship in Humanitarian Intervention
Louise Kennefick – What the Doctor Ordered: Revisiting the Relationship Between Psychiatry and the Law in the UK and Ireland
Ciarán Lawlor – Troubling Times: Intertemporal Law & Theories of Approach to the Effects of Unconstitutionality
Éamon Mac Créabháin – Teoiric na gCeart Neamhshonraithe
Ronan O’Leary – Copyright Law in the Digital Environment
Gary O’Sullivan – The Pre-Charge Stage of the Criminal Process: Are the Rights of the Public Adequately Protected?
Gerard Sadlier – American Realism and the ‘Policy of Certainty’: An Evaluation of Salomon v Salomon
The Sixth Edition
The Sixth Edition of the Cork Online Law Review was launched in March 2007 by Ms Carol Coulter of the Irish Times.
Ms Carol Coulter – Foreword
Anthony Finegan – Problems with Causation in Asbestos-Related Injury Litigation
Eilinoir Flynn -Access to Services for People with Disabilities – The Potential for Improved Enforcement Rights through a Personal Advocacy Service
Eleanor Leane -The Principles of Juvenile Justice No Longer Apply When Children Commit Serious or Violent Crimes
Tom Flynn – Copyright Law in a Digital Age
Paul Daly – Losing Faith: The House of Lords and the Governement
Olufemi Amao -Reflexive Law and the CSR Debate
Gerard Sadlier -The ECHR – A Victim of its Own Success?
Michelle Buddecke - ‘Qui facit per alium, facit per se – The Evolution of the Commercial Agent’
Shannon Haynes - ‘The Statutory Rape Crisis: A Judgment Too Far, Or One That Could Have Gone Further?’
Juan Pablo Cortés Diéguez -Adapting Irish Small Claims Procedure for the E-Commerce Era
Stephanie Switzer - Falling Down: Unilateral Enforcement of Intellectual Property Rights – A Critical Analysis of the United States’ Efforts to Impose Trips Plus Standards
Brendan Ryan - Jus ad Bellum in Response to Non-State Aggression – State Responsibility and the Israel-Hezbollah Conflict
Ronan O’Brien – Analysis of the Postal Rule
The Fifth Edition
The Fifth Edition of the Cork Online Law Review was launched in March 2006 by Mrs Justice Catherine McGuinness.
Mrs Justice Catherine McGuinness – Foreword
Mr Justice Paul Carney – The Central Criminal Court: The Limerick Experience
John Danaher – The Illusion of Legality? Post-WWII Military Tribunals in the Far East
Michael Cocoman – Film Censorship: Cut!
Aoife Lynch -Around the World in 80 Days: From the Altar to the Courtroom
David Cowhey – Racist Hate Speech Law in Ireland: The Need for Reform
Art Ward – A Lifeline for Consideration?
Ciara Kennefick – A Natural Interpretation of the Alien Tort Statute 1789
Leonora Nyhan – Bringing it Home: The Plight of Migratory Same-Sex Couples
Kieran Walsh – ‘You’re Either with Us or Against Us’ – Viewing Torture in Context
Karole Cuddihy – Competition, Not Competitors: Reappraising the Question of Market Power Under Article 82 EC
Noel McGrath – A Tale of Two Judgments: Third-Party Undue Influence and the Path to Reform in Ireland
Cian Murphy – The Parliament Without a People: Examining Questions of Legitimacy in the Context of the European Parliament
Adrian Bannon – The UDRP: A Stunning Success or a Spectacular Failure?
Joe McGrath – Excluding Exclusions in Contract Law: Judicial Reluctance to Enforce Exclusion Clauses
The Fourth Edition
The Fourth Edition of the Cork Online Law Review was launched in March 2005 by The Honourable Mrs Justice Susan Denham, Chief Justice of Ireland.
Lisa Kinsella – Whistle While You Work
Alan Woods – We Know What You Did Last Summer!
Gemma Neylon – The Application of Data Protection Law to the Employment Sector
Geraldine Cleere – The Urgency for Legal Regulation of Practices of Cloning and Stem Cell Research
Richard P. McNamara – ‘Let’s Talk’: The Need for Effective Communication Between Doctor and Patient
Kieran Walsh – Privacy’s New Paradigm: The Rise and Reform of the In Camera Rule
Caren Bohane – The Official Languages Act 2003
Karen Ní Bhuacháin – Acht na dTeangacha Oifigiúla 2003
Carol Fitzgerald and Leonard Durac – Throwing the Baby Out With the Bathwater?: A Critical Appraisal of the Companies (Auditing and Accounting) Act 2003
Liam Thornton – Discretion and Law in the British and Irish Social Welfare Systems
Therese Lyne – Finding a Place for Juveniles in the Irish Criminal Justice System: Easy Question, Impossible Answer!
Roberta Guiry – A Voice for Victims: The Development of the Role of the Victim in the Irish Criminal Justice System
Dorothy Appelbe – The Theory of Justification and Excuse and its Implications for the Battered Woman
The Third Edition
The Third Edition of the Cork Online Law Review was launched in March 2004 by Ms Emily Reilly, Ombudsman and Information Commissioner.
Alan Woods – Adding Another Glass Block to the Barrier of Transparency: The Media and the Freedom of Information Acts
Thomas Wren -The United States of Europe – What Do We Have to Gain?
Patrick McCarthy – Making the Most of International Law on the Right to Identity: An Analysis of Article 8 of the United Nations Convention on the Rights of the Child
Ciara Kennefick – ‘L’Etat C’est Moi,’ Maintenant C’est Quoi? The Powers of the Parliament of the Fifth Republic: Theory and Practice
Illan Wall – The Aspirational Nature of Economic, Social and Cultural Rights: An Examination of an Unsound Case
Colmán P. Ó Donnchadha – Witness Intimidation: Criminal Justice in Crisis?
Mairead Enright – ‘Mature Minors’ and the Medical Law
Rory McIntyre-O’Brien – Slipping Through the Net: Hacking Offences in Ireland
Ciara Kennedy – Domestic Violence: How We Answer Their Cries For Help
Yvonne Marie Daly – The Changing Irish Approach to Questions of Criminal Justice: Media Portrayal, Moral Panic and Myopic Politics
Lesley A. Walter – Law as Literature: Illuminating the Over Constitutional Consistency
Diarmuid Griffin – The Juvenile Conundrum: Ireland’s Responses to Youth Offending
David McCarthy – Constitutional Constraints on the Judiciary and the President
Míchéal O’Dowd – Data Protection – An Overview
The Second Edition
The Second Edition of the Cork Online Law Review was launched in March 2003 by Mr Frederick Morris of the Morris Tribunal.
Gerard Murphy – The Admissibility of Repressed Memories of Childhood Sexual Abuse
Anthony O’Riordan – Are You Exhausted? The Rights of Trademark Holders within the EU
Emma McClean – Economic Sanctions: Rethought Entirely?
Claire McHugh – Has Curiosity Killed the Cat? The Powers and Functions of Ireland’s Tribunals of Inquiry
Eleanora Taylor – Irish Banking Codes of Practice
Ross Phillips – Is There a Need For a Statute-Based Code of Practice to Govern All Financial Institutions?
Ian Walsh – Between Scylla and Charybdis: The Supreme Court and the Regulation of Information Bill (1995)
Eoghan McSweeny – The Doctrine of Humanitarian Intervention: A Double Standard?
Killian Kehoe – The Whole Picture – Gramscian Epistemology through the Praxis Prism
Vicky Conway – Lock ‘em up and Throw Away the Key: Examining the Irish Prison System
Mairead Britton – Undertakings: A Satisfactory Safeguard to Grave Risk?
Illan Wall – The Welfare Principle; A Useful Though Controversial Test For Guardianshup, Custody and Access?
Máiread Cronin – An Analysis of the Irish Data Protection Law in Relation to the Protection of Privacy in the Online Environment
Jane Mulcahy – Protecting Your Trademark: Who Owns Online?
The First Edition
The First Edition of the Cork Online Law Review was launched in March 2002 by the Chief Justice Mr Ronan Keane.
Helena Hickey - Children’s Legal Rights in the Republic of Ireland – Real or Apparent?
Justin McCarthy – Consumer Protection in Contemporary Electronic Payment Systems: A Familiar Wolf in Digital Clothing?
Lisa Vaughan – Money Talks! Should the Law Dictate?
Kate McQuinn – Natural Law, Unnaturally Explained?
Conor O’Mahony – The Failings of Practical Reasonableness: Another Look at Finnis
Iseult Cronin – Who’s Minding Your Business?: E-mail Privacy in the Workplace
Caitriona McCarthy – The Veil of Islam: The Use of Reservations as a Hypocritical Escape Hatch
Edel O’Herlihy – An Overview of the Strengths and Weaknesses of the Domestic Violence Act, 1996
John Ringrose – Neither Forgiven nor Forgotten: The Penal Effects of Bankruptcy Law
Fiona Buckley – One Murder, Three Victims: James Bulger, Robert Thompson, Jon Venables