Monday, May 20, 2013

Irish Society of Comparative Law Annual Conference, 24th & 25th May 2013

The School of Law at NUI Galway will host the Irish Society of Comparative Law 5th Annual Conference on Friday 24th and Saturday 25th of May 2013 in Galway. The theme for the Irish Society of Comparative Law’s Annual Conference 2013 is ‘Comparative Public Law’.

The Irish Society of Comparative Law was established in June 2008 and is recognised by the International Academy of Comparative Law. The ISCL is open to those interested in Irish and comparative law. Its purpose is to encourage the comparative study of law and legal systems and to seek affiliation with individuals and organisations with complementary aims.

For inquiries please contact

Friday 24th May 2013

1.30 Registration

2.15 Welcome by Mrs. Justice Catherine McGuinness, Adjunct Professor at the School of Law, NUI, Galway and Professor Steve Hedley, President of the Society.

2.30 – 3 30 Keynote Address
Dr. Susan Farran, University of Northumbria
‘The age of Empire. Again: critical thoughts on legal imperialism’

3.30 – 5.30 Masters Students’ Presentations

5.30 Drinks Reception.

5.30 - 6.15 Annual General Meeting of the Society

8.00 p.m.               Gala Dinner and Presentation of Masters Prize (Aula Maxima)

Saturday 25th May 2013

8.30 – 9.00 Late Registration – Tea & Coffee
9.30 – 10.30 Keynote Address
Professor Brice Dickson Queens University Belfast
‘The Irish Supreme Court in Comparative Perspective: Preliminary Thoughts.’

10.30 – 11.45 Parallel Session - 1
1. Children and the Law:

Chair: Judge Catherine McGuinness
Marta Tomasi, PhD in Comparative and European Legal Studies, Faculty of Law, University of Trento,
“The protection of children in rainbow families.”

Catríona Moloney, PhD Candidate, Centre for Disability Law and Policy, NUI, Galway,
“Access to justice for children with mental disorders.”

Katherine Wade, PhD Candidate, Department of Children and Youth Affairs Research Scholar, Faculty of Law, University College Cork,
“Protection of Child Research Participants in the Research Process: Lessons from the US Regulatory Approach.”

2. Comparative Criminal Law I:

Chair: Charles O’Mahony
Mathilda Twomey, Judge Court of Appeal Seychelles and PhD Candidate, NUI, Galway,
“Commonality in common intention in common law jurisdictions.”

Dr. Chris Taylor and Dr. Yvonne Marie Daly, Bradford University Law School and School of Law and Government, Dublin City University,
“Comparative Observations on Compelled Co-operation: Adverse Inferences in the Criminal Process.”

Ronan Ó Fathaigh, PhD Candidate, Universiteit Gent, Belgium,
“Criminal Defamation and Freedom of Expression: Lessons for Strasbourg from the Inter-American Court.”

3. Collaboration and Alternative Approaches to Law:

Chair: Marie McGonagle
Connie Healy, PhD Candidate, School of Law, NUI, Galway, research funded by the Irish Research Council,
“Collaborative Practice: The Critics’ View.”
Darren McStravick, O’Hare Scholar and PhD Candidate, School of Law and Government, Dublin City University,
“Adult Reparation Panels, Best Practice and the Search for Community: Lessons and Warnings from Other Jurisdictions.”
Miriam Keane, IRCHSS Government of Ireland Postgraduate Scholar, University College Dublin,
“The Regulation of Legal Costs: A comparative historical approach.”

4. Constitutional Interpretation:

Chair: Donncha O’Connell
Stephen Gerard Brittain, PhD Scholar and Irish Research Scholar, Trinity College Dublin,
“Originalism in Irish Constitutional Discourse: the Straw Man Answers Replies.”
Elisabeth Pulice, PhD Candidate in Public Law at the Doctoral School in Comparative and European Legal Studies, University of Trento (Italy),
"Extra-legal sources and Constitutional Interpretation: A Comparative Analysis in the Field of Biolaw."
David Kenny, Assistant Professor of Law, Trinity College Dublin,
“They Don’t Like It Like That in Canada: The Proportionality Principle in Irish Constitutional Law in Comparative Perspective.”
5. Legal Theory and Legal History:

Chair:Dr. Conor Hanly
Dr. David Prendergast, School of Law, Trinity College Dublin,

“The differing demands of legality”.

Dr.  Sean Patrick Donlan, School of Law, University of Limerick,
“The American Orleans Territory and Spanish West Florida, c1803-1810: A Study in Entangled Legal History.”

11.45 – 12.00 Tea and Coffee

12.00 – 1.15 Parallel Session – 2
1.International and Comparative Disability Law:

Chair: Catríona Moloney

Candia Emmanuel, Advocate/Managing Partner: M/S Candia Advocates & Legal Consultants, Kampala, Uganda: Founder/Director: Accessibility Initiative Uganda (AIU),
“Why DPO’s counter the Human Rights Approach on Delivering CRPD in Disability Movements.”

Charles O’Mahony, Lecturer in Public Law, School of Law, NUI Galway,
“A Disability Perspective on the Prohibition on Inhuman and Degrading Treatment and Torture.”

Priscilla Fay, Courts Service, ISIS Intern.
“Problem-Solving Justice as a Reasonable Accommodation: Does the Criminal Justice System Really Care?”

2. Law Governance and Regulation:

Chair:   Professor Steve Hedley
Andy Noble, PhD Candidate and Postgraduate Teaching Assistant Birmingham Law School, University of Birmingham,
“Central Dictatorship or Local Discretion?: Comparing Regulation of the Taxi Trade in Ireland and England and Wales.”

Dr. Niamh Connolly, Lecturer in Law, Trinity College, Dublin,
“The private law lives of public bodies.”

Dr. Annabel Brody, Editor of IRIS, University of Amsterdam,
“Regulation of the print media: an analysis of the trend towards re-regulation as indicated by recent European Court of Human Rights jurisprudence and inquiries into freedom of the press.”

3. Employment Law Issues:

Chair:Aisling de Paor
Aneta Tyc, University of Lodz,
“Burden of Proof in Employment Law: A Comparative Perspective.

Dr. Clíodhna Murphy, Lecturer in Law, School of Law and Government, Dublin City University,
“Domestic Workers and Diplomatic Immunity: Converging Approaches in Europe and the US?”

Mamedova Aybeniz Tariverdi Kizi, PhD Candidate, Department of Civil Disciplines, Gumilev L.N. Eurasian National University,
“New trends in labour market regulation.”

4. Transitional Justice:

Chair: Judge Mathilda Twomey
Dr. James Gallen, Lecturer, School of Law and Government, Dublin City University,
“Property Rights, Reparations and Transitions.”

Amina Adanan, Doctoral Fellow at the Irish Centre for Human Rights, NUI Galway,
“Universal jurisdiction the crimes of piracy and slavery before World War II.”

Alice M. Panepinto, PhD Candidate, Durham Law School,
“Caramel Latte? Giving Transitional Justice an Islamic Flavour.”

5. Family Law:

Chair: Connie Healy
Dr. Anne Egan, Lecturer in Law, School of Law, NUI Galway,
“All by myself: An analysis of adoption law in Ireland and the United Kingdom for non-marital couples.”

Dr. Ronagh McQuigg, Lecturer, School of Law, Queen’s University Belfast,
“A Comparative Perspective on Domestic Violence in Regional Conventions on Violence Against Women.”

Dr. Lucy-Ann Buckley, Lecturer in Law, School of Law, NUI Galway,
“Choice rhetoric’ and relational autonomy in Ireland and Canada: comparative approaches to marital financial agreements.”

1.15- 2.15 Lunch

2.15 – 3.30 Parallel Sessions – 3
1. Constitutions of the World:

Chair: Dr. Ekaterina Yahyaoui Krivenko
Dr. Marie-Luce Paris, Lecturer in Law, ISCL Treasurer, School of Law, University College Dublin,
“French Constitutional Review in the Era of Globalisation and Europeanisation: A Comparative Perspective.”
Thomas McDonagh, PhD Candidate, School of Law, NUI Galway,
“Sources of education rights? Ireland and the United States – a comparison.”

2. Constitutional and Human Rights:

Chair: Dr. Ciara Smyth
Prof.  Fiona de Londras, School of Law, Durham,
“Politicising the Legal Constitution: can the ECHR Act 2003 work?”
Dr. Semahagn Gashu Abebe, Bank of Ireland Post-Doctoral Fellow, Irish Centre for Human Rights, NUI Galway,
“Institutional Accommodation of Cultural Diversity in Sub-Sahara Africa with particular emphasis to Ethiopia’s Ethnic Federal System.”
Maureen O’Sullivan, Lecturer, School of Law, NUI Galway,
“Do Human-Animal Hybrids and Chimeras Deserve Constitutional Recognition?”

3.Contemporary Issues:

Chair: Dr. Marie-Luce Paris
George J. Siedel, Thurnau Professor of Business Law and Williamson Family Professor of Business Administration, University of Michigan,
“A Comparative Study of the US “Law for Competitive Advantage” Movement and the Continental Proactive Law Movement.”

Anouck Juraver, Trinity College Dublin,
“The concept of public contract in the French legal system and the Common Law system.”
Mike Madden, J.S.D. (candidate) and Lieutenant-Commander, Legal Advisor Military Justice, Office of the Judge Advocate General,
“Keeping up with the Common Law O’Sullivans? The Limits of Comparative Law in the Context of Military Justice Law Reforms.”

4. Issues in International Criminal Law:

Chair: Dr. Ciara Hackett
Dr. Sharon McLaughlin, Lecturer, Department of Law and Humanities, Letterkenny Institute of Technology,
“Tightening the Net on Cyberbulling”
John Lombard, Leona O’Brien, PhD Candidates, University College Cork,
“The International Response to Money Laundering: An Examination of the External Forces which have shaped Money Laundering Regulations in the European Union and the United States.”
Susan Power, Lecturer in Law, Griffith College Cork,
“The Responsibility to Rebuild: An uneasy Framework for Economic Reconstruction.”
3.30 - 3.45 Tea & Coffee

3.45 – 5.00 Parallel Sessions – 4
1.Comparative Criminal Law II:

Chair:Tom O’Malley
Dai Tamada, Associate Professor, Graduate School of Law, Kobe University, Japan
“Can the Irish Jury system survive? Taxquet and obligation to state reasons under the ECHR”

Patrick O’Donnell, Lawyer, Wiltshire & Grannis, LLP, Washington Extraterritorial Enforcement of U.S. Criminal and Civil Law,
“Extraterritorial Enforcement of U.S. Criminal and Civil Law.”

Maria Manuela de Almeida Silva, Legal Interpreter,
“Facing Criminal Proceedings with Limited Knowledge of the English Language in Ireland: A case for justice to be done and heard.”

2. Constitutional Issues:

Chair: Dr. Anne Egan
Magdalena Duggan, PhD Researcher, School of Law, University of Limerick,
“Blurring the Boundaries? The ‘Constitutionalism’ of the Irish Private Law on the Example of the Rights Attributable to an Unborn Child as compared with the Continental Approach.”
Lucia Bussata, PhD in Comparative and European Legal Studies, University of Trento,
“How to grant equality to healthcare: the perspective of comparative ` constitutional law.”
Dr. Denise Amram, Attorney at Law (avvocato) at the State Bar in Pisa (Italy),
“Family Law reforms in European countries and the role of the Constitutional Charts.”

3.Comparative Public Law and the EU:

Chair:   Dr. Sean Patrick Donlan
Dr. Carlo Panara, Sr. Lecturer EU/Public Law, LJMU, UK,

 “A Legal Appraisal of Multilevel Governance in the EU: A Crucial Role for Comparative Public Law.”

Robert Siucinski, University of Lodz,
“Convergence of Law in the Field of Administrative Procedure.”
Krzystek Krzysztof, PhD Candidate, University of Lodz
"The parallel application of competition law and sector specific regulations in the European Union".

4.  Law and the Economic Crisis:

Chair: Dr. Niamh Connolly
Prof. Elizabeth F. Brown, Dept. of Risk Management and Insurance J. Mack Robinson College of Business, Georgia State University,
“A Comparison of the Handling of the Financial Crisis in Ireland and the United States.”
Dr. Ciara Hackett, Lecturer in Law, Queen’s University Belfast,
“Moving beyond banking legislation and regulation: the tort of reckless lending.”
Tania Abbiate, PhD Candidate in Comparative Public Law, University of Siena,
“Courts facing the crisis: a difficult balance of principles.”

5.00 Close of Conference

Full information and registration:

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