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Enterprise Ireland (EI)
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'law' in all fields;
605 items found
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Displaying Results 226 - 250 of 605 on page 10 of 25
Marked
Mark
Review of the Legal Framework Applicable to Marine Protected Areas as a Tool for Ecosystem Conservation & Fisheries Management
(2006)
Long, Ronan
Review of the Legal Framework Applicable to Marine Protected Areas as a Tool for Ecosystem Conservation & Fisheries Management
(2006)
Long, Ronan
Abstract:
This chapter reviews the legal basis in a number of international and European legal instruments underpinning the establishment of Marine Protected Areas (MPAs) as a tool for ecosystem conservation and fisheries management. The global instruments examined include: the 1982 United Nations Law of the Sea Convention (LOS); the 1992 United Nations Conference on Environment and Development (UNCED) and Agenda 21; the 1992 Convention on Biological Diversity; the 1995 United Nations Agreement Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks; the 1995 FAO Code of Conduct for Responsible Fisheries; and the 2002 World Summit on Sustainable Development (WSSD). The regional instruments considered are: the OSPAR and HELCOM Conventions. European primary and secondary legal instruments reviewed include: the EC Treaties; Council Regulation No 2371/2002; Council Directive 92/43/EEC (the Habitats Directive); and Council Regu...
http://hdl.handle.net/10379/1800
Marked
Mark
Enthalpy and the first law of black hole thermodynamics
(2010)
Dolan, Brian P.
Enthalpy and the first law of black hole thermodynamics
(2010)
Dolan, Brian P.
Abstract:
In black hole thermodynamics a cosmological constant contributes a pressure to the equation of state whose the conjugate variable is a ‘volume’. It is shown that, for a negative cosmological constant, this ‘thermodynamic volume’ is the volume of space excluded by the event horizon, when quantum gravity corrections are ignored. This applies to black holes in any dimension with any event horizon geometry compatible with Einstein’s equations, such as spheres, tori, spaces of constant negative curvature or, in general, any Einstein space with constant Ricci scalar. Quantum corrections to the volume are calculate for the BTZ black hole.
http://eprints.nuim.ie/2562/
Marked
Mark
FDI Implications of Recent European Court of Justice Decisions on Corporation Tax Matters
(2010)
BARRY, FRANK
FDI Implications of Recent European Court of Justice Decisions on Corporation Tax Matters
(2010)
BARRY, FRANK
Abstract:
Corporation tax rates significantly influence the location of foreign direct investment (FDI) as well as company decisions on corporate borrowing, transfer pricing, dividend and royalty payments, and research and development. While direct taxation remains within the competence of individual EU Member States, the European Court of Justice (ECJ) has faced an increasing number of corporation tax-related cases over recent years and its judgments have significantly redrawn the European tax landscape. The present paper reviews and synthesises these ECJ decisions and analyses their implications for the FDI decisions of multinational corporations.
http://hdl.handle.net/2262/57121
Marked
Mark
Book Review: Peter Bland, Easements, 2nd edn
(2010)
Maddox, Neil
Book Review: Peter Bland, Easements, 2nd edn
(2010)
Maddox, Neil
Abstract:
Abstract included in text.
http://eprints.nuim.ie/2675/
Marked
Mark
Liability of Local Authorities for the Antisocial Behaviour of Third Parties
(2010)
Maddox, Neil
Liability of Local Authorities for the Antisocial Behaviour of Third Parties
(2010)
Maddox, Neil
Abstract:
One of the most difficult issues facing housing authorities is its potential liability to third parties for what is commonly referred to as the "antisocial behaviour" of its local authority tenants, or those living in accommodation under licence from the local authority. The term is now defined by s.1 of the Housing (Miscellaneous Provisions) Act 1997 as drug-related activity andlor: . . . any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, loss or fear to any person living working or otherwise lawfully in or in the vicinity of a house provided by a housing authority.. .and.. .includes violence, threats, intimidation, coercion, harassment or serious obstruction of any person.
http://eprints.nuim.ie/2674/
Marked
Mark
The Tenant Purchase of Apartments under the Housing (Miscellaneous Provisions) Act 2009
(2010)
Maddox, Neil
The Tenant Purchase of Apartments under the Housing (Miscellaneous Provisions) Act 2009
(2010)
Maddox, Neil
Abstract:
The Housing (Miscellaneous Provisions) Act 2009 (the "2009 Act") introduces major changes to the way that housing authorities provide accornmodation pursuant to its statutory obligations under the Housing Acts. A number of new schemes are introduced that will govern such matters as social and affordable housing, the lettiqg of properties, and the purchase of a tenant of his or her property in incremental payments (an incremental purchase arrangement). Tenants holding property under schemes which have been abolished, (e.g. shared ownership leases) will be unaffected, but no new arrangements will be entered into under these old schemes. This article is concerned with a new innovation of the 2009 Act, the scheme introduced in Pt 4 relating to the tenant purchase of apartments.
http://eprints.nuim.ie/2673/
Marked
Mark
The unconstitutional family : the role of natural law as a basis for developing rights for the unmarried family under the Irish constititution
(2011)
Gleeson, Laura
The unconstitutional family : the role of natural law as a basis for developing rights for the unmarried family under the Irish constititution
(2011)
Gleeson, Laura
http://hdl.handle.net/10344/1615
Marked
Mark
A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Virginia Was Rightly Decided, and Why INS v. Chadha Was Wrongly Reasoned
(2005)
Tillman, Seth Barrett
A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Virginia Was Rightly Decided, and Why INS v. Chadha Was Wrongly Reasoned
(2005)
Tillman, Seth Barrett
Abstract:
There is no abstract available for this item.
http://eprints.nuim.ie/2922/
Marked
Mark
The Domain of Constitutional Delegations Under the Orders, Resolutions, and Votes Clause
(2005)
Tillman, Seth Barrett
The Domain of Constitutional Delegations Under the Orders, Resolutions, and Votes Clause
(2005)
Tillman, Seth Barrett
Abstract:
There is no abstract available for this item.
http://eprints.nuim.ie/2923/
Marked
Mark
Opening Statement: "Why President-Elect Obama May Keep His Senate Seat After Assuming the Presidency" in Seth Barrett Tillman & Steven G. Calabresi, Debate, "The Great Divorce: the Current Understanding of Separation of Powers and the Original Meaning of the Incompatibility Clause"
(2008)
Tillman, Seth Barrett
Opening Statement: "Why President-Elect Obama May Keep His Senate Seat After Assuming the Presidency" in Seth Barrett Tillman & Steven G. Calabresi, Debate, "The Great Divorce: the Current Understanding of Separation of Powers and the Original Meaning of the Incompatibility Clause"
(2008)
Tillman, Seth Barrett
Abstract:
In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that the Constitution requires this result by expressly precluding joint simultaneous Legislative-Executive Branch office holding. I respectfully dissent. I believe the conventional view is mistaken as a matter of the original public meaning of the Constitution. Although the idea of a sitting Senator holding the office of President is somewhat counter-intuitive, this is one example of the dangers of unexamined intuitions. Tru...
http://eprints.nuim.ie/2955/
Marked
Mark
Closing Statement: An 'Utterly Implausible' Interpretation of the Constitution: A Reply to Professor Steven G. Calabresi in Seth Barrett Tillman & Steven G. Calabresi, Debate, "The Great Divorce: the Current Understanding of Separation of Powers and the Original Meaning of the Incompatibility Clause".
(2008)
Tillman, Seth Barrett
Closing Statement: An 'Utterly Implausible' Interpretation of the Constitution: A Reply to Professor Steven G. Calabresi in Seth Barrett Tillman & Steven G. Calabresi, Debate, "The Great Divorce: the Current Understanding of Separation of Powers and the Original Meaning of the Incompatibility Clause".
(2008)
Tillman, Seth Barrett
Abstract:
In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that the Constitution requires this result by expressly precluding joint simultaneous Legislative-Executive Branch office holding. I respectfully dissent. I believe the conventional view is mistaken as a matter of the original public meaning of the Constitution. Although the idea of a sitting Senator holding the office of President is somewhat counter-intuitive, this is one example of the dangers of unexamined intuitions. Tru...
http://eprints.nuim.ie/2960/
Marked
Mark
Paradoxical spaces of Traveller citizenship in contemporary Ireland
(2007)
Crowley, Una; Kitchin, Rob
Paradoxical spaces of Traveller citizenship in contemporary Ireland
(2007)
Crowley, Una; Kitchin, Rob
Abstract:
In this paper we examine the role of law in shaping the socio-spatial lives of citizens through an examination of the changing nature of governmentality with respect to Travellers in Ireland between 1998 and 2003. Undertaking an analysis of the policy process, new legislation, the Citizen Traveller campaign, media reports, and interviews with politicians, police and Travellers, we document how the Irish government attempted during this period to shift its strategy of dealing with the ‘Traveller problem’ from a regulationist form of citizenship designed to force Travellers to adopt a sedentary lifestyle, to active citizenship that offered Travellers recognition, rewards and rights in return for managed nomadism or sedentary conformism. However, rather than leading to the emancipation and empowerment the Irish government envisaged, we detail how failings by both the government and Travellers in implementing reform has perpetuated the original situation and paradoxically led to new leg...
http://eprints.nuim.ie/2967/
Marked
Mark
Scalia, Hamdan and the Principles of Subject Matter Recusal
(2007)
Flanagan, Brian
Scalia, Hamdan and the Principles of Subject Matter Recusal
(2007)
Flanagan, Brian
Abstract:
Despite its moral immediacy, there are serious theoretical objections, best described as "realist," to an expansive conception of judicial open-mindedness. Almost invariably, the normative basis of judicial impartiality is traced to what is described as "natural justice"; specifically the celebrated maxims of nemo iudex in causa sua and audi alteram partem. But the relationship of this moral bedrock to the exigencies and settled practices of constitutional adjudication is far from straightforward. In Part I, the article proceeds with a doctrinal analysis of the legality of Justice Antonin Scalia's decision to sit in the case of Hamdan v. Rumsfeld notwithstanding his prior comments on legal questions ostensibly related to its subject matter. Taking a broader perspective, Part II considers whether objections to Justice Scalia's participation in Hamdan can be reconciled with the nature of appellate adjudication and, in relation to dissenting opinions, with...
http://eprints.nuim.ie/2982/
Marked
Mark
The Effect of Minority Preferences on the White Applicant: A Misplaced Consensus?
(2008)
Flanagan, Brian
The Effect of Minority Preferences on the White Applicant: A Misplaced Consensus?
(2008)
Flanagan, Brian
Abstract:
In recent years, a consensus has developed among both affirmative action's advocates and opponents that in relation to the typical white applicant, the effects of minority preferencing are minimal. In this essay, the aim is to clarify the mathematics of affirmative action's impact on majority applicants, and to flag the distinction between that question and affirmative action's opportunity cost. First, the essay establishes the level of agreement among judges and academics on the triviality of affirmative action's effect on the regular white applicant's prospects of success. Second, it demonstrates how the prevailing position on the impact of minority preferencing on the white applicant is flawed - as regards both the calculation of relative admission likelihood and the application of the matriculant yield variable. Making use of a number of case studies reviewed in the literature, it shows how those studies, properly understood, convey a rather different pi...
http://eprints.nuim.ie/2981/
Marked
Mark
Dignity v. Dignity. The Significance of the Notion of Human Dignity in the Human Rights Tradition and its use in Bioethics
(1998)
Lebech, Mette
Dignity v. Dignity. The Significance of the Notion of Human Dignity in the Human Rights Tradition and its use in Bioethics
(1998)
Lebech, Mette
Abstract:
Dignity is a key-notion in both the Charter of the United Nations and the Declaration of Human Rights. . The Charter of the United Nations (1946) reaffirms "faith in fundamental human rights, in the dignity and the worth of the human person". The war had just ended, with its depressing and disillusioning experience of treason and organised crime against humanity. The best word the drafters could find to express what they wanted respected in each and every surviving individual was "dignity". They didn't say lIautonomy". They had seen people freely vote for Hitler to flee unemployment and poverty. They had seen them collaborate in deporting millions of Jews, seen them kill and sterilise for eugenic purposes. They had collaborated themselves. Left to their own free will, people did not always behave rationally or well. This was one of the basic lessons learnt by the survivors. The Universal Declaration of Human Rights (1948), expresses some of this experie...
http://eprints.nuim.ie/3520/
Marked
Mark
Globalization and the diffusion of gender policy reforms in Latin America
(2008)
Gernet, Christiane
Globalization and the diffusion of gender policy reforms in Latin America
(2008)
Gernet, Christiane
Abstract:
In the 1990s, Latin American countries introduced similar national gender equality policy reforms. The key policy areas in which this convergence took place were the criminalization of domestic violence, the introduction of state agencies for women, and the incorporation into law of candidate gender quotas for national parliamentary elections. This thesis evaluates the explanations offered in the existing literature, including both national and international level analyses that could explain this process of policy convergence. The thesis uses a combination of methodological approaches drawn from the policy diffusion and policy transfer literatures. Drawing on the existing literature a number of hypotheses are constructed which could explain the observed pattern of policy change. These include: the number of women in parliament; the level of democracy; the level of economic development; measures of women's education; fertility rates; the strength of the national women's mo...
http://doras.dcu.ie/17028/
Marked
Mark
An account of the progress that has been made in describing the differences between the laws in force in England and those in force in Ireland; with some of the leading points not already noticed, and suggestions for the most convenient division of the subject
(1874)
Hancock, W. Neilson
An account of the progress that has been made in describing the differences between the laws in force in England and those in force in Ireland; with some of the leading points not already noticed, and suggestions for the most convenient division of the subject
(1874)
Hancock, W. Neilson
Abstract:
In pursuance of the suggestion in the report of the committee of the council, I have prepared the following outline: An investigation of the differences between the laws in England and those in Ireland, divided into eight heads, may be arranged as follows: Three heads, devoted to the differences in the structure of the law itself, under the great divisions of (1) Civil Procedure, and the branches of law connected therewith; (2) The law of Real Property; (3) Criminal Law. Two heads devoted to differences in the machinery of government: (1) Differences in Local Government and Local Taxation; (2) Differences in Imperial Taxation and in the application of Imperial taxes. Two heads devoted to differences in matters that devolve partly on the central and partly on the local government: (1) Education; and (2) Laws relating to family and social matters, such as the marriage laws and poor laws. And lastly, one head relating to the difference in the operation in the machinery for legislation,...
http://hdl.handle.net/2262/5711
Marked
Mark
Young People on Remand
(2008)
Seymour, Mairead; Butler, Michelle
Young People on Remand
(2008)
Seymour, Mairead; Butler, Michelle
Abstract:
<p>The aim of this study is to examine the services and supports required by young people to promote greater compliance with the conditions of bail and reduce the use of detention on remand. The research addresses three main areas: • to establish the service and support needs of young people by investigating the circumstances of their life circumstances; • to examine the specific services and supports required by young people and their families during the remand process, in the courtroom and in the period between adjournments; • to address the issues and barriers to delivering services and supports to young people and their families.</p>
http://arrow.dit.ie/cserrep/14
Marked
Mark
Analysis of the rough contact in axisymmetric upsetting
(2007)
Cui, Yu
Analysis of the rough contact in axisymmetric upsetting
(2007)
Cui, Yu
Abstract:
Characterization of surface roughness is important in the frictional behavior of two contact surfaces. In general, it has been found that friction increases with average roughness. The prediction of friction and stress/ strain/ deformation is of interest in the friction-sensitive process such as aximmetric upsetting. However, the classical friction laws, such as Coulomb's law and its extension - Coulomb-Amonton's law, Coulomb-Orowan are found to be coarse and oversimplified especially in the presence of surface complexities. The first objective of this project is to examine the microscopic evolution of the upsetting process with Finite Element software, with the focus on the interaction between the tool asperity and the plastic wave. The second objective is to evaluate Coulomb’s law and Plastic wave theory based on small-scale numerical models. The third objective is to implant the friction laws and prior findings into the experiment-size Finite Element models so that c...
http://hdl.handle.net/2262/11020
Marked
Mark
The nature of legal sociology
(1955)
Montrose, J. L.
The nature of legal sociology
(1955)
Montrose, J. L.
Abstract:
Centuries, whether in cricket or chronology, are arbitrary divisions, but we are conditioned by conventions, and I find it convenient to describe the nineteenth century as giving birth to sociological jurisprudence and the twentieth century to legal sociology. A case can be made out for regarding 1900 as a turning point in the graph of legal study in the common law world. A few years earlier Holmes had expressed the conclusions of his reflections on legal education in addresses to his own Law School at Cambridge and to the rival Law School at Boston, which had been established some years earlier as a protest against Harvard's adoption of the case method.
http://hdl.handle.net/2262/3943
Marked
Mark
On partnerships with limited liability
(1854)
McKenna, P. J.
On partnerships with limited liability
(1854)
McKenna, P. J.
Abstract:
If any apology, further than the importance of the subject, were required for a paper such as the present, after the very able and carefully written pamphlet of Mr. Colles, it would be found in the report of the select committee, appointed to consider the law of partnerships in these countries:—'"Your committee, considering the vast extent and importance of the proposed alteration in the law, are unwilling to proceed in such a matter without the greatest caution. They find that the best authorities are divided on the subject, and that it would require great care to devise the checks and safeguards against fraud, necessary to accompany such a general relaxation or change in the law." Having due regard, then, to the difference of opinion on this question, as to the propriety of introducing into this country the system of limited liability, as also to the danger of rash or ill-considered legislation upon any subject; bearing in mind that any radical change can only be ju...
http://hdl.handle.net/2262/8162
Marked
Mark
National health insurance
(1943)
Ó Brolcháin, R.
National health insurance
(1943)
Ó Brolcháin, R.
Abstract:
It is necessary, in any consideration of the National Health Insurance scheme, to bear in mind a number of important factors. (a) It was established initially to relieve the excessive demands on the Poor Law, following the report of the famous Poor Law Commission of 1909. (b) The basic Act which governs health insurance is an English Act, passed for both England and Ireland in 1911. (c) In its application to Ireland, the Act was robbed of an essential feature—the provision of free medical treatment for insured persons. (d) The scheme is based on the principle that every insured person (with a slight difference as between men and women) pays the same weekly contribution and receives the same weekly benefit, irrespective of earnings. (e) No benefit is payable during incapacity coming under the provisions of the Workmen's Compensation Act, the Employer's Liability Acts, or the Common Law. (f) No allowance was made for the predominance of agricultural employment in Ireland as ...
http://hdl.handle.net/2262/5537
Marked
Mark
Re-balancing the definition of package and the aftermath of the ABTA v CAA case
(2006)
McDonald, Marc
Re-balancing the definition of package and the aftermath of the ABTA v CAA case
(2006)
McDonald, Marc
http://arrow.dit.ie/tfschhmtart/30
Marked
Mark
European Court of Justice denies IATA's Case
(2006)
McDonald, Marc
European Court of Justice denies IATA's Case
(2006)
McDonald, Marc
http://arrow.dit.ie/tfschhmtart/26
Marked
Mark
International Regulatory Regimes for Nanotechnology
(2006)
Gopalan, Sandeep; Abbott, Kenneth W.; Marchant, Gary E.; Sylvester, Douglas J.
International Regulatory Regimes for Nanotechnology
(2006)
Gopalan, Sandeep; Abbott, Kenneth W.; Marchant, Gary E.; Sylvester, Douglas J.
Abstract:
This paper represents a very early stage of a collaborative research project on transnational NT regulation. In this project, we seek to apply a multidisciplinary perspective to the question of regulation of nanotechnology (NT). We begin in Section I by considering the nature of NT and some risks it may pose as it is more fully developed and utilized over time. We next consider the nature of transnational "regulation," suggesting the range of legal, institutional and substantive forms this term can encompass. Because NT and its regulation are (like our project) at such early stages of development, we emphasize the importance of regulatory flexibility. In Section II, we consider a series of strategic choices that must be faced in designing transnational regulation in any issue area, including NT; these include the level and scope of regulation, the actors authorized to promulgate regulatory norms, the legal and institutional form of regulation, and finally its substantive...
http://eprints.nuim.ie/2433/
Displaying Results 226 - 250 of 605 on page 10 of 25
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