FACULTY OF UNIVERSITY COLLEGE, CORK COLÁISTE NA HOLLSCOILE, CORCAIGH. Dean s Introduction - PDF

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FACULTY OF UNIVERSITY COLLEGE, CORK Law COLÁISTE NA HOLLSCOILE, CORCAIGH Dear Alumni & Friends, It is a great pleasure to introduce to you this edition of the Law Faculty Newsletter. This past year has

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FACULTY OF UNIVERSITY COLLEGE, CORK Law COLÁISTE NA HOLLSCOILE, CORCAIGH Dear Alumni & Friends, It is a great pleasure to introduce to you this edition of the Law Faculty Newsletter. This past year has been another active one in the Law Faculty, as these pages will demonstrate. Personal highlights have been the continued success of the Faculty in attracting Government of Ireland scholars attributable to the strengths of our students and staff both, and the continued success of the LLM in Adjunct Professor Inside newsletter 2005 Dean s Introduction Criminal Justice. The introduction of the BCL Clinical focuses our attention on imparting skills to our students and our plans to have a dedicated moot court room in 2005/6 pay testament to that commitment. Our partnership with the local professional bodies through the liaison committee is a particularly valuable connection for us, and the continued success of our CPD programme is due in no small part to that co-operation. We continue to strengthen international partnerships and this summer saw the first e law Summer Institute on campus held in co-operation with Franklin Pierce Law Center. UCC Law Faculty has a proud tradition of involvement in partnership with other academic departments within the university - witness the law and language programmes - and outside, as demonstrated by the new LLM in Criminal Justice, unique in Ireland, which relies on co-operation with outside agencies to pursue the study of criminal policy and its implementation. We also have a strong e-law LLM at the cutting edge of law and technological developments, and our growing PhD programme is testament to the vibrant research culture within the Faculty. Lord Lester of Herne Hill QC has been appointed as an Adjunct Professor in the Faculty of Law. Lord Lester of Herne Hill QC practises in the areas of Public Law, Employment Law, Media Law, Commercial Law and European Law. Lord Lester has been described by leading UK practitioners as the doyen of the public law bar and the founding father of human rights law. He is recognised as one of the leading human rights law practitioners in Europe having appeared in all the major European human rights law cases involving the UK extending back almost 30 years. He received the Liberty Human Rights Lawyer of the Year Award in 1997, and has received honorary degrees from the Open University, and the universities of Durham, Ulster, the South Bank and University College London. He co-edited Human Rights: Law and Practice, 2nd edition, Butterworths, London, 2004, with David Pannick QC, and has written numerous articles in various academic journals, e.g. Public Law and the Statute Law Review. He is President of Interights (the International Centre for the Legal Protection of Human Rights), is a member of the Irish Bar and recently addressed UCC Law Faculty as part of the Law and Policy seminar series. CLASS OF 85: 2 CPD PROGRAMME: 4 ALUMNI: 6 NEW BOOKS: 9 STAFF ACTIVITIES: 11 UNIVERSITY COLLEGE, CORK COLÁISTE NA hollscoile, CORCAIGH Staff-wise we welcome Gerard Murphy, clinical co-ordinator, Imelda Rodgers, administrative assistant, and Conor O Mahony, college lecturer, who is just completing his doctorate in Wales. Other staff members have been very active researching and teaching; engaging with policy reform, funded research projects as well as the traditional and important publication of journal articles and books so important to our discipline. The appointment of Dr Deirdre Madden to complete a final report on post mortem procedure is recognition nationally of the high standing of members of the Law Faculty, UCC. The very welcome appointment of Lord Lester of Herne Hill QC as an Adjunct Professor to the Faculty of Law enhances our human rights curriculum. Ultimately however our strength as a Faculty lies in our student body and the commitment of our alumni. We look forward to working with you in the future, hearing from you as to your involvement in our activities and would welcome a visit from you on any occasion. Beir beannacht, Professor Caroline Fennell Dean of Faculty of Law and Head of Law Department New Staff: Conor O Mahony College Lecturer Conor O Mahony is a graduate of UCC (BCL 2001, LLM 2002). He has spent the past 3 years researching a doctoral thesis at the University of Wales, Aberystwyth. His research interests lie broadly in the areas of constitutional law and human rights law with a particular focus on educational rights and special educational needs. He has published numerous articles on educational rights in such journals as the Irish Jurist, the Dublin University Law Journal, the Irish Journal of Family Law and the Irish Law Times, and has also spoken at conferences in Wales and South Africa. He has previously been involved in the co-ordination of the Irish contribution to the British and Irish Legal Information Institute (BAILII). 1 New Staff: Gerard Murphy Clinical Education Coordinator Gerard Murphy is a graduate of UCC (BCL 2000.) In 2002 he completed an LLM at UCC, which included the Advanced Criminal Process (Clinical Programme). He also completed a dissertation entitled: The Delayed Reporting of Childhood Sexual Abuse and the Implications for the Rights of an Accused in the Criminal Process . He was called to the Bar in L-R: Professor Caroline Fennell, Faculty of Law, Alma Clissman, Secretary to the Law Reform Committee, Law Society of Ireland, Professor Reg Graycar, University of Sydney Law School and Dr Siobhán Mullally, Faculty of Law From 2002 to 2004 he worked as a researcher for the Irish judiciary at the Four Courts and was editor of the Judicial Studies Institute Newsletter. His publications include: The Admissibility of Repressed Memories of Childhood Sexual Abuse for the Cork Online Law Review [2003] COLR I and Public Access to Environmental Information under Directive 2003/4/EC for the Irish Planning and Environmental Law Journal (2003) 10 (3) IPELJ 67. Gerard's interests also include mooting and he was the winner of the 2004 Eoin Higgins Memorial Moot Court Competition between the Honorable Society of the King's Inns and the Institute of Professional Legal Studies of Northern Ireland. As the Clinical Education Coordinator Gerard is responsible for the organising of placements as part of the LLM (Criminal Justice) programme and for the development and coordination of the new BCL (Clinical) programme. Visitors to the Faculty Professor Reg Graycar recently visited the Law Faculty and gave a staff seminar on 'Law Reform: What's in it for women?'. The seminar was also addressed by Alma Clissman, solicitor, Secretary to the Law Reform Committee, Law Society of Ireland. Professor Graycar is Professor of Law at the University of Sydney Law School and currently a visiting Professor at Cornell Law School, USA. She teaches a range of courses including: Law and Gender; Family Law ; Torts; Gender, Injury and Compensation; Women, Law and Family. She is the author of a leading text on gender and law, The Hidden Gender of Law, (now in its second edition). Her research has been continuously supported by the Australian Research Council. Professor Imelda Rodgers Executive Assistant Imelda Rodgers joins the Department as an Executive Assistant. Before joining UCC Imelda spent four years working as a legal secretary in London and more recently at O Flynn Exhams Solicitors, Cork, where she worked as a legal float secretary. Graycar previously served as a Commissioner with the Australian Law Reform Commission and as a Hearing Commissioner with the Human Rights and Equal Opportunity Commission. Mr Justice Adrian Hardiman of the Supreme Court visited UCC in November and spoke to LLM (Criminal Justice) students on the topic Administering Criminal Justice: Principles and Agenda. In his talk he discussed the need for consistency in sentencing and the mandatory sentencing provisions under the Misuse of Drugs Act for possession for sale and supply. L-R: Mr Justice Hardiman, Supreme Court, Professor Caroline Fennell, UCC, Gerard Murphy, UCC, Professor Steve Hedley, UCC and Judge David Riordan, District Court. From the Archives: Class of 1985 Front Row L-R: Terry O'Connell, Michael Walsh, Eamon Harrington Ursula Earley, Professor Bryan McMahon, Professor Michael Mortell, Dr. Tadhg O Ciardha, President, UCC (RIP), Professor J.F. O Connor (RIP), Dolores O'Keeffe, Eileen Nagle, Claire Mee, Tom McCarthy, Mary Gilmartin 2nd Row L-R: David Lynch, Jacqui Daly, Caroline Barry, Catherine Regan, Stella Drummond, Patricia O'Brien, Marguerite Troy, Helen Fitzgerald, Fiona Kelly, Mairead Danagher, Roz Walsh (RIP), Angela O'Connor, Bernie McGonigle, Catherine White, Frances Buckley, Teresa Sweeney 3rd Row L-R: Andrew Cody, Eoin O Cuill, Pat Aherne, Karen Minihan, Rita Feerick, Elaine O'Driscoll, Mary Jo Crowley, Robert Bourke, PJ O'Leary, David Browne, Kieran O'Connor, Paddy Cadell, Catherine Irwin, Pat Farrelly, Frank Quirke Back Row L-R: Willie O Donovan, Conor Lynch, Ronan Deasy, Pat Hurley, Aidan Synott, Jim Walsh, Terry O'Sullivan, John Lucey, Declan Buckley Anthony Rush, Risteard Pierse, David O'Callaghan, Jerome O Sullivan, Tom Fox, David Holland, Vincent McCormack BCL graduates from 1985 are asked to contact Catherine Regan, about a 20-year reunion to be held on 29th December 2005 in Cork. 2 Photo courtesy Examiner Publications. Fulbright Scholar Professor William J. Murphy of Franklin Pierce Law Center, Professor Murphy earned an MBA and doctorate at the New Hampshire, USA, was appointed as a Visiting Fulbright Harvard Business School and his business ventures include Scholar to UCC Law Faculty for serving as a contributing founder of two companies - one developing educational software, and the other providing Professor Murphy taught an LLM module on 'Information international chemical and pharmaceutical companies with Age Law: the U.S. Perspective.' He also delivered a seminar clinical trials management and regulatory licensing services. as part of UCC's Teaching and Learning programme on the use of technology in teaching. At Franklin Pierce Law He has taught courses in both the business and legal fields Center, Professor Murphy is Chair of the Commerce and at Harvard University, University of Massachusetts, Technology Graduate Programs. He has extensive University of Maine and Dartmouth College. He was a experience in the legal, business, and academic fields. Prior partner in a Concord law firm specialising in technologybased business law and intellectual property. Professor to his academic career, he worked as a trial attorney for the Federal Trade Commission in Washington, D.C., and Murphy's time spent at UCC strengthened the close a senior trial consultant to the FTC Regional Office in co-operation between the Law Faculty and Franklin Pierce Boston. Law Center, which includes the annual E Law Summer Institute, which commenced in Summer LLM (Criminal Justice) Students Visit Four Courts Mr Justice Paul Carney of the Central Criminal Court addresses LLM in Criminal Justice students on their recent visit to the Four Courts Temple University Student Exchange Students from UCC Law Faculty attend Temple University Beasley School of Law, Philadelphia, USA, as part of the BCL (International) and students from Temple attend UCC on a reciprocal basis. Pictured on the occasion of Professor Fennell s recent visit to Temple are (L-R): Professor Finbarr McCarthy, Temple University Beasley School of Law, Professor Caroline Fennell, UCC Faculty of Law and Adelaide Ferguson, Assistant Dean for Graduate and International programmes, Temple University Beasley School of Law. Law and Policy Seminars The purpose of the UCC Law Department Law and Public Policy Series is to enable students explore the interface between the law making process, political issues, and public policy. Speakers from a range of perspectives shared their views with UCC staff and students and engaged in debate on a variety of topics. Our speakers this year included Claire Loftus, Chief Prosecution Solicitor, Dr Maurice Manning, Human Rights Commission, Anthony Lester (Lord Lester of Herne Hill QC), Dr Jean Allain, QUB, Donncha O Connell, Lecturer in Law, NUIG, Dr Eoin O' Sullivan, Department of Social Studies, TCD, and Dr Yega Muthu, University of Technology, Sydney. E-Law Summer Institute Professor Caroline Fennell, UCC and Dean John Hutson, Franklin Pierce Law Center, New Hampshire, USA, sign documents formalising the annual E Law Summer Institute, which commenced at UCC in Summer Also pictured, standing, L-R: Professors William Hennessey and Kimberly Kirkland, and John Coombs, director of graduate programs, all of Franklin Pierce Law Center. 3 Continuing Professional Development Programme Pictured at the seminar on Topical Procedural and Substantive Issues in European Law held in UCC in December, 2004: L-R: His Honour Judge Bryan McMahon, judge of the Circuit Court and Adjunct Professor Faculty of Law, UCC; Professor Brian Carroll, UCC; Owen McIntyre, UCC; Noel Travers BL, Director ICEL; Dr. Áine Ryall, UCC. The 3rd Annual Law and the Environment conference was held on April 14 and attracted over 200 delegates. The conference aims to provide a national forum, which brings together legal practitioners, regulators, policy-makers, interest groups, industry and service sector managers as well as academics, with an interest in environmental law and policy. It also provides undergraduate and postgraduate students of environmental law with the opportunity to participate in an event where leading-edge research into all aspects of environmental law and regulation is presented and discussed. Pictured at the Annual Law and the Environment conference, April L-R: Tom Flynn BL; Owen McIntyre, Faculty of Law, UCC, Conference Convenor; Dr. Brian Jack, Queen's University Belfast; Finola McCarthy, solicitor, Ronan Daly Jermyn, Cork; Joe Noonan, solicitor, Noonan, Linehan, Carroll, Coffey, Cork The past year has been very busy in terms of CPD activities. Our autumn programme included evening seminars on current issues in Employment Law and Company Law. In December, the Faculty co-hosted a seminar on recent developments in European law with the Irish Centre for European Law (ICEL). The spring programme opened with a seminar on the Civil Liability and Courts Act 2004, followed by another evening seminar that focused on the controversial Residential Tenancies Act Both spring seminars attracted capacity audiences to the Aula Maxima. We aim to deliver seminars in a format that provides a forum in which both contributors and participants can examine the practical implications of recent developments in specialised areas. Our series of evening seminars, running from p.m., has proven very successful in this regard. We work closely with the now well-established Faculty Liaison Committee in order to identify topics and themes that are of interest to local practitioners. The seminars provide an important link between Faculty and the professions that facilitates discussion and exchange of ideas. To this end, we place considerable emphasis on the question and answer sessions and encourage interventions from participants. The conference built on the success of similar events held over the last two years and it is now the pre-eminent event in the Irish Environmental Law calendar. This year s programme was significantly expanded with a total of 14 presentations scheduled and arranged into four specialist sessions. These included sessions on Developments in Waste Law, Developments in Water Law and Environmental Complaints / Objections. There was also a session on General Issues in Environmental Law, which included papers on a range of key issues impacting upon environmental governance in Ireland today. The conference papers are available at Suggestions for future CPD seminars and other events would be most welcome. I would also like to thank members of the Faculty Liaison Committee for their invaluable contribution and feedback over the past year. The current members of the committee are: Jerome O Sullivan, President Southern Law Association (ex officio); Pat Mullins; Eamon Harrington; John Boylan; John Lucey BL; Helen Boyle BL and Pearce Sreenan BL. Áine Ryall Delegates at the Residential Tenancies Seminar 4 Children Act Conference Company Law Seminar L-R: Geoffrey Shannon, Law Society, Dr. Ursula Kilkelly, UCC, Brian Lenihan, TD, Minister for State, Dept. of Health and Children, Professor Caroline Fennell, UCC and Denise Kirwan, Conway Kelleher Tobin, at the Children Act conference held in June 2004 E-Law Conference Pictured at the Company Law Seminar are (L-R) Michael Moran, Solicitor, Office of the Director of Corporate Enforcement, Gillian Keating, Solicitor, JW O Donovan & Co., and Professor Irene Lynch Fannon, Faculty of Law, UCC Civil Liability and Courts Act Seminar L-R: Rossa McMahon, Mason Hayes & Curran, Fidelma White, UCC, Don McAleese, Matheson Ormsby Prentice, Brendan Tuohy, Secretary General, Department of Communications, Marine and Natural Resources, Professor Steve Hedley, UCC, Professor Maeve McDonagh, UCC and Dr Darius Whelan, UCC, at the conference on E Law: Legal Issues in the Electronic Age. Schools, Education and Law Conference Emily Logan,Ombudsman for Children, addresses the Schools, Education and Law conference organised by Frank Martin, Faculty of Law, UCC, in October Pictured at the Civil Liability and Courts Act seminar are (L-R): Gerard Murphy, UCC, Marjorie Farrelly, BL, and Noel Rubotham, BL, Director of Reform and Development, Courts Service Employment Law Seminar L-R: Jennifer Cashman, Solicitor, Ronan Daly Jermyn, Lucy Walsh, BL, and Dr Darius Whelan, UCC, pictured at the Employment Law Seminar. Grants, Scholarships and Awards Dr Ursula Kilkelly, Mary Donnelly and Dr Deirdre Madden have undertaken an analysis of the extent to which children are listened to in the health care sector as part of the National Children's Office National Children's Strategy Research Programme. The research (involving funding of 50,000) includes three core elements: a literature review, an audit of the training and education curricula of a range of health care professionals and interviews and focus group discussions with children, parents and health care professionals from a variety of backgrounds with a view to understanding the extent to which children have the right to be heard in the health sector. Professor Gerard Wrixon, President, UCC, presenting the award for excellence in teaching to Frank Martin, Faculty of Law, UCC Professor Gerard Wrixon, President, UCC presenting the Matheson Ormsby Prentice I.T. Law scholarship to Dazhong Wang, LLM Student. Dazhong Wang has been awarded the Matheson Ormsby Prentice Information Technology Law Scholarship. His LLM thesis, being pursued under the supervision of Professor Maeve McDonagh, is entitled Rights in Databases: Comparative studies in balancing public and private interests. Nidal Jurdi, currently researching for a Ph.D. on international criminal law under the supervision of Dr Siobhán Mullally, has been awarded a clerkship at the International Criminal Court. L-R: Elaine Dewhurst, Elizabeth Campbell and Claire Murray, PhD students. Elaine Dewhurst has been awarded the prestigious EJ Phelan Fellowship in International Law by the National University of Ireland. She is currently researching for a Ph.D. thesis on The Right of Migrant Workers to Equality in International Labour Law and is being supervised by Professor Irene Lynch Fannon and Dr Darius Whelan. Government of Ireland scholarships from the Irish Research Council for Humanities and Social Sciences have been awarded to Claire Murray, Elizabeth Campbell, Liam Thornton and Pádraig Mac Amhlaoibh. Frank Martin of the Faculty of Law won the President s Award for Excellence in Teaching. The objectives of the President s award are to: Recognise, reward and celebrate teaching achievement and contributions to innovative
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