Law Faculty

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Contract Law: a Comparison of Civil Law and Common Law Jurisdictions
(Business Expert Press, New York, 2018) Michelle Smyth, Claire; Gatto, Marcus
This text serves as an accessible introduction to the law of contract. The headings chosen for examination track the main points in the lifetime of a contract--from its formation, drafting, and onward to its eventual dissolution, whether this occurs due to the terms of the contract, the will of the parties, or because of a breach of the agreed terms. It also provides studies of other notable areas within the subject, such as third-party rights, damages, and equitable remedies. In distinction to other guides to contract law, this text provides a comparative analysis of the area, incorporating sources drawn from both the civil law tradition, characteristic of several nations within Continental Europe, as well as the Anglo-American common law tradition, with cases and legislation drawn from England and the United States of America. It also explores contract law in the unique context of so-called hybrid jurisdictions--those which incorporate elements of both the common law and civilian traditions; chosen for study here are exemplary jurisdictions represented by the American state of Louisiana and Scotland in the United Kingdom. As business assumes a global dimension, knowledge of the operation of contract law across various legal traditions and national contexts is increasingly at a premium. This text enables the student to gain a coherent vision of contract law across a wide range of legal and theoretical frameworks, as well as to speak confidently when discussing the intricacies of the subject. It is at once an introductory text, as well as a reference text, which students and professionals alike can consult in the course of their studies and future careers.
Supporting The Learner Voice Through Authentic Assessment: A Review of Research Record Assessments in Year One Undergraduate Law Programmes
(IALT Annual Conference, 2023) Eardly, John
This Paper analyses the concept of authentic assessment as a primary and effective strategy to uphold the academic integrity of legal education and to address concerns relating to present and future technological developments which risk undermining this integrity, including AI. Research highlighting a holistic approach to academic integrity is first reviewed with the place that authentic assessment occupies within that broader context then being specifically examined (O’Riordan et al 2023; Hafsa 2021). Using Irish and international research, the scope and meaning of authentic assessment is also explored to identify a common or shared definition of how it is applied, in particular, to undergraduate law programmes (Ashford-Rowe et al 2014; National Forum For The Enhancement Of Teaching and Learning In Higher Education, 2017). Finally, the Paper outlines a specific case study for an existing Written Assignment on a Year 1 Level 8 Irish undergraduate law programme (LLB (Hons)) reviewed in light of authentic assessment principles and re-designed for learners as an interactive oral assessment, incorporating reflective practice.
Assisted Dying and Minors Is the right to die moving closer for minors?
(IALT Annual Conference, 2023) Sutton, Karen J.
Since the legalising of assisted dying in the Netherlands and Belgium in 2002, assisted dying practices have been legalised in eighteen jurisdictions, with over two hundred million people now having access to assisted dying around the world. While further jurisdictions are progressing or debating the legalising of assisted dying. The legislation legalising assisted dying incorporates both substantive and procedural requirements, however, the form of assistance provided in facilitating assisted dying may vary from euthanasia to assisted dying to physician assisted suicide. These requirements primarily relate to waiting periods, the patient’s health, the role of the physician and reporting procedures, albeit differences may exist in the level of detail contained within the legislation. Another requirement is the minimum age at which assisted dying may become an option. In only three jurisdictions is the age limit below eighteen years. In the Netherlands, a patient over twelve years of age can currently request assisted dying. And provided the patient is of mature judgement and adheres to the procedural requirements a patient of any age can request assisted dying in Belgium. While in Colombia, minors from the age of six years can request assisted dying, following a successful appeal to the Constitutional Court. This raises the question ‘Why the right to die is afforded to those under the age of eighteen in only three jurisdictions?’ and ‘Might other jurisdictions follow suit in the legalising of assisted dying for minors?
The Digital Services Act and Vulnerability: how Vulnerability is Defined by Digital Regulations in the EU
(IALT Annual Conference, 2023) Anand, Dr Ruhi; Bird, Bryan
Any discussion on legislation relating to digital services and data management is incomplete without an understanding of vulnerability, and vulnerable individuals. It appears to have been the case that a new vernacular is taking hold to define vulnerability within laws, one that is often governed by power imbalances between service providers and users in question. Previously, our understanding of vulnerability was informed by philosophy, wherein vulnerability was defined along the lines of an enlarged sense of self and self-interest. Vulnerability has now come to embody a variety of different definitions, informed by multiple disciplines such as ethics, sociology, law, and politics to name a few. Technologies, today, are being adopted at an unprecedented rate. This unguarded proliferation presents tremendous opportunities for the growth and development of humanity on the one hand, but on the other, mar to human rights, and the general understanding of the rule of law. The General Data Protection Regulation (GDPR) astutely recognised the need to protect individuals against the changing modalities of human interactions. However, it faced some difficulty in choosing a definition for vulnerability that would be equally applicable to all individuals in society. With the aforementioned issues in mind, the key aim of this article is to highlight the lacuna in the safety net afforded by legislation concerning protections for users and their fundamental rights, to then assess areas for improvement. The article will begin by exploring the different theories for describing vulnerable groups that have been put forward by scholars from a variety of disciplines. The article will then situate 'vulnerable groups' in the context of digital regulation by discussing how the GDPR, and EU Law, in general, have defined vulnerability. The article will then analyse whether a similar interpretation can be applied when discussing the Digital Services Act to identify vulnerable groups and the extent of the protections that will be offered to the same. The article aims to ultimately identify the most appropriate vernacular for digital regulations to enhance the level of protection offered in relation to vulnerability in users.
Trans Rights: A detailed analysis of access to gender affirming treatments by minors and the differing approaches taken by Member States in the European Union
(IALT Annual ConferencePrecious Abebe, 2023) Abebe, Precious
In this paper the author will be discussing the varying approaches by Member States in the European Union regarding the rights of Minors to access/undertake gender affirming treatments. This paper shall have a particular focus on the varying approaches taken by the Republic of Ireland, United Kingdom and the Netherlands in minors having access to gender affirming treatments. The Netherlands has developed a protocol for gender affirming intervention which has been deemed to be the benchmark for providing treatment for minors suffering from gender dysphoria. The protocol developed by the Netherland vastly differs from other Member States such as the United Kingdom and Ireland. The basis for the differing views by such member states lies on the basis of health officials that intervention can be a detriment to minors instead of having a benefit. The varying approaches by Member States raises the question of what can be considered to be the appropriate approach to be undertaken in providing gender affirming treatment to minors and the lines that must be drawn between what can be considered in what is deemed to be providing minors with the right to receive appropriate care against what can be considered to be medical malpractice.
Adapting foundational teaching skills to third level education
(IALT Annual Conference, 2023) Maddalena, Romina G.
Coming from an environment very different than teaching Law to adults, I have found myself involved in a big challenge I would have never imagined: teaching Japanese teenagers research skills for their Law winter course. My background is related to kindergarten teaching, educational management and an early childhood specialization. However, I found more similarities than I expected when it comes to teaching them. Both in kindergarten and Research and Legal Skills, the module I am taking care of, the main achievement is to teach students in line with the module descriptor and achieve the key learning outcomes. One of the biggest challenges has to do with the language barrier, which also includes Western ways of learning. These learners have an Intermediate level of English and they also come from a culture in which making mistakes is deemed acceptable. In order to assist, I am due to begin a Certificate in Teaching and Learning to facilitate the smooth. In this presentation I would like to discuss the above-mentioned issues to create a discourse and seek feedback from others’ experiences

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