Dublin University Law Journal (DULJ)
Editors: Dr David Prendergast, Dr Daithi Mac Sithigh | Currency: Bi-Annual |
Volumne 38(1) Issue One Published October 2015 | Price Per Issue: €129 | ISBN: 978-1-905536-79-5 | ISSN: 0332-3250
 |
About
The Dublin University Law Journal Volume 38(1), 2015 contains the following (abstracts of each feature article is listed below contents):
Feature Articles
- Frances E Moran Memorial Lecture 2015 Religion in a World Clamouring for Human Rights: A Devil’s Brew | Sir Terence Etherton
- New Private Right of Action for Damages in Financial Services Litigation | John Breslin SC and Elizabeth Corcoran BL
- Ireland’s System for Disciplining and Removing Judges | Laura Cahillane
- Organised Pseudo-legal Commercial Argument’ Litigation: Challenges for the Administration of Justice in Ireland |Garret Sammon
- Arbitral Justice for Victims of Human Rights Violations | Sonja Heppner
- The Irish Legislative Response to Genetic Discrimination—An Analysis of Part 4 of the Disability Act 2005: Time for Reform? | Aisling de Paor
Case Notes and Recent Developments
- Education and the Equal Status Acts: Stokes v Christian Brothers High School Clonmel | Mel Cousin
- O’Keeffe v Ireland In Strasbourg: Punishing The Guilty?|Ronan Keane
- The Introduction of Smart Meters in Ireland: Privacy Implications and the Role of Privacy by Design | Maria Helen Murphy
- When Do Clubs Die? | Ailbhe O’Neill
- Parallel Proceedings in Employment Law: An Analysis Of The High Court Judgments in Cunninghamand Culkin | Desmond Ryan
Book Reviews
- Ireland’s District Court, Language, Immigration and Consequences for Justice
- Prison Law
- The Law School of University College Dublin: A History
- Evidence (2nd ed)
Abstracts from Feature Articles
New Private Right of Action for Damages in Financial Services Litigation | John Breslin SC and Elizabeth Corcoran BL
The introduction of a new private right of action for damages in Irish financial
services litigation is arguably one of the most significant legislative developments in
the wake of the financial crisis. Many of these developments have imposed robust and
stringent measures on the financial services industry. The introduction of the right of
action is no exception. It is available to all customers, consumers and non-consumers
alike, and covers breaches of virtually every aspect of financial regulation. This article
will explore the background to the new right of action, the comparable but more limited
UK right of action, the likely operation of the cause of action and its exceptional scope,
including some far-reaching but likely unforeseen consequences.
***
Ireland’s System for Disciplining and Removing Judges | Laura Cahillane
In Ireland, judges can only be removed as a result of ‘stated misbehaviour’
but the extent of this phrase is unclear, as is the process of actually removing the judge.
Furthermore, Ireland has no formal process for lesser forms of judicial discipline. These
oversights have exacerbated controversies of judicial behaviour. For example, during the
Sheedy Affair, there was no formal mechanism for investigating or issuing sanctions as a
result of the conduct of the judges and in the Curtin case, the difficulties involved in the
attempt to remove the judge delayed the process to such an extent that the judge eventually
retired on a full pension. A more recent episode involving an ‘improper approach’
by a judge into the case of another judge highlighted the lack of any proper procedures
in this area. Given that this is an issue that impacts both judicial independence and public
confidence in the judiciary to a significant degree, it is vital that a formal system for
disciplining and removing judges is established in Ireland. In this context, this article
examines the current system and analyses potential reforms to this.
***
Organised Pseudo-legal Commercial Argument’ Litigation: Challenges for the Administration of Justice in Ireland |Garret Sammon
‘Organised Pseudo-Legal Commercial Argument’ litigation is a subversive
form of litigation practised by some self-representing litigants which poses significant
challenges for the administration of justice. This article discusses the increasing frequency
with which such litigants are coming before the Irish courts. The procedural
response taken to this phenomenon thus far has not been sufficient. There is an increasing
need to develop a holistic response to this form of litigation. This response should
include improved empirical data collection in relation to self-representing litigants,
improved structures to assist self-representing litigants navigate the courts system and
case management at an early stage of proceedings involving such litigants. There is also
a need to clarify the McKenzie friend mechanism and develop sanctions for those who
encourage this form of litigation. This article concludes that deeper engagement with
the criticisms of the legal system raised by this form of litigation is necessary.
***
Arbitral Justice for Victims of Human Rights Violations | Sonja Heppner
Arbitration as a method of dispute resolution has evolved over time, most
recently into mass arbitration in the international investment dispute Abaclat v Argentine
Republic. In acknowledgment of the reciprocity between arbitration and transitional
justice mechanisms, this article examines the possibility of an arbitral mass reparations
programme. The article draws from the experiences of the In re Estate of Marcos Human
Rights Litigation and the United Nations Compensation Commission in dealing with a
large number of claims arising from human rights violations and sets mass arbitration
in contrast to domestic and internationalised methods of adjudicating upon reparations.
The author suggests that mass arbitration not only offers benefits over domestic
methods of adjudicating upon reparations, the Extraordinary Chambers in the Courts of
Cambodia and the International Criminal Court with its Trust Fund for Victims, but that it
might also be a solution to the difficulty in creating a reparative justice mechanism that
is context-specific in the diverse pool of transitional states.
***
The Irish Legislative Response to Genetic Discrimination—An Analysis of Part 4 of the Disability Act 2005: Time for Reform? | Aisling de Paor
Revolutionary genetic discoveries and technological advances have
introduced a new era of genetic exploration, and technological advances have facilitated
the discovery of the genetic basis of a range of diseases and disabilities. Genetic testing
is increasingly becoming more sophisticated, cheaper and therefore more accessible for
both medical and non-medical purposes. In light of rapid advances in genetic science
and technology, questions arise as to whether an appropriate framework exists to
protect the interests of individuals, and to prevent the misuse of genetic information by
interested third parties (such as employers and insurers), particularly privacy violations
and discrimination. In consideration of emerging advances in science and technology
and the corresponding ethical and legal issues that arise, the objective of this article is
to highlight the Irish legislative response to the regulation of genetic information, and
to evaluate the effectiveness of the legislative provisions in addressing concerns and
protecting an individual’s rights. The focus of this discussion is on Part 4 of the Disability
Act 2005, which addresses genetic testing and regulates the use of genetic information
in Ireland. The article will explore the need for a stand-alone piece of legislation which is
specifically tailored to these issues.
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