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Winner of the DSBA Practical Law Book of the Year Award 2020 This seventh edition provides comprehensive treatment of the key elements of the legal system in Ireland, including the roles and regulation of legal practitioners, the organisation of the courts and the judiciary, and an analysis of the main sources of Irish law and their application in practice. It is essential reading for law students in Ireland, and practitioners will find it of great value. The seventh edition has been fully updated to reflect recent key developments including: Fundamental reform of the legal profession under the Legal Services Regulation Act 2015, The commencement of the main regulatory powers of the Legal Services Regulatory Authority and the establishment of the Office of the Legal Costs Adjudicator; The increasing impact of information technology on the legal profession and the courts, accelerated in 2020 by the Covid-19 pandemic; The establishment of the Judicial Council under the Judicial Council Act 2019, and the roles of its committees; Discussion of the system for appointing judges; The establishment of the Court of Appeal and the resulting impact on the Supreme Court; The Mediation Act 2017 and alternative dispute resolution in civil cases; The doctrine of precedent, including important case law from the Court of Appeal and the Supreme Court; Significant developments in making legislation more accessible online, and analysis of the case law on the interpretation of legislation; The impact of recent constitutional decisions, including case law on suspended declarations of unconstitutionality, and the constitutional amendments on marriage equality and abortion; Developments in EU law, including the potential impact of Brexit, and the growing impact on Irish law of more than 1,400 international agreements that Ireland has ratified.
Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the backdrop to the authors' proposed model regulation appearing in Part 3, but serve as a key resource for scrutinising the most worrying incompatibilities in national laws on surrogacy. Part 2 of the book contains two contributions that provide international perspectives on cross-border surrogacy such as the 'human rights' perspective. Part 3 contains a General Report, which consists of an analysis of the National Reports appearing in Part 1, together with a proposed model of regulation of international surrogacy arrangements at the international level written by the two co-editors, Paul Beaumont and Katarina Trimmings. The research undertaken by Katarina Trimmings and Paul Beaumont from 2010 to 2012 was funded by the Nuffield Foundation.
This practical guide to Irish employment law brings together the knowledge and expertise of Ireland's leading employment, tax and pensions law practitioners. In-depth and accessible, it gives a comprehensive and clear review of all aspects of employment and labour law. This is the second edition of Employment Law, which has been newly updated and revised to include the extensive changes to the law, including in relation to the workings of the Workplace Relations Commission, and new chapters on whistle blowing, health and safety, mediation, agency workers, restraint of trade and injunctions. These build on the book's established chapters on the wide ranging facets of employment law, such as the employment relationship, Immigration and cross-border issues, and trade unions and industrial relations. Ideal for legal practitioners, employers and human resource specialists: with a copy on your bookshelf, accurate, detailed information on the law on all aspects of employment and labour law will always be close to hand. Your firm and clients will benefit from the technical pointers, tips and know-how to ensure complete legal compliance. Whatever you need on employment and industrial relations law, you'll find it within the pages of Employment Law. Keeps your firm right up-to-date on the latest issues and developments.
This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Countries covered vary from year to year and reports distinguish between coverage of "hard core" provisions of the revised charter vs "non hard core" provisions.
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.