Category Archives: Public law

Online Book Launch: Rachael Walsh, Property Rights and Social Justice, 22 July 2021 6pm

Speakers: Mr Justice Donal O’Donnell (Irish Supreme Court); Advocate General Gerard Hogan (European Court of Justice). In conversation with Professor Rachael Walsh (Assistant Professor, Trinity College Dublin). Chair: Professor Aileen Kavanagh (Professor of Constitutional Governance and Director of TriCON, Trinity College Dublin). In Property Rights and Social Justice, Rachael Walsh analyses ‘progressive property’ in action, […]

Just Published: Rachael Walsh, Property Rights and Social Justice: Progressive Property in Action

Property Rights and Social Justice analyses ‘progressive property’ in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so […]

‘A Hidden Revolution: Domestic Application of Foreign Public Law under the GDPR’

“European data protection law has become (in-)famously known as one of the main tools for both the European legislature and the European Court of Justice (ECJ) to push the boundaries of European integration. The most recent decision of the Court in Case C-645/19, 15 June 2021 – Facebook Ireland continues this well-established tradition. By contrast […]

‘The War on Compensation: Troubling Signs for Civilian Casualties in the Gaza Strip’

“The last round of belligerency between Hamas and Israel claimed a significant toll from civilians, with many arguing that some of the more devastating activities conducted by the IDF were in breach of the laws of war (for example, here, here, and here). Just days before a ceasefire was declared, Judge Shlomo Friedlander of Israel’s […]

Seth Davis, ‘The Private Law State’

ABSTRACT What legal duties do states owe those subject to their power? Typically, we look to public law to answer this question, defining the powers and duties of governments through constitutional law, administrative law, and international law, which we distinguish from the private law of contracts, property, and tort. It was not always this way, […]

‘Crown Immunity Means Tough Luck for the Police: A Good Call?’

“In Ontario (Attorney General) v Clark (‘Clark’), the majority (8 judges) of the Supreme Court of Canada held that Crown immunity precludes claims based on misfeasance in public office. Justice Côté dissented. Here I consider the policy underpinnings and ramifications of the two opinions. Clark addressed only the question of whether the claim at issue, […]

Dmitriy Ivanov, ‘Compensation for Harm Caused by Crimes: Foreign Experience and Modern Legal Structures’

ABSTRACT in this article, the author conducts a comparative analysis of various approaches to compensation for harm caused by crimes in the legislation of a number of foreign states. Compensation for harm to persons who have become victims of criminal acts is not unreasonably raised by the world community in a number of global and […]

Allan Kanner, ‘Tortious Interference with Public Trust’

ABSTRACT The public trust doctrine in America derives from common law, and each new state became the trustee following independence. The public trust doctrine gives the state the right to sue for natural resource damage, among other things. To prevail, the state need show only (1) a protectable public trust interest, (2) unreasonable interference, and […]

‘Property Law Connections’

“Please join for all or any part of the second in our annual online Property Law Connections work-in-progress workshops. We are very fortunate to have six presentations, as well as a panel discussion, which between them will explore different aspects of property law and its connections with other areas such as trusts, legal history, public […]

Symposium on the Bivens case – Notre Dame Law Review

Lessons for Bivens and Qualified Immunity Debates from Nineteenth-Century Damages Litigation Against Federal Officers (Andrew Kent) Recovering the Tort Remedy for Federal Official Wrongdoing (Gregory Sisk) Going Rogue: The Supreme Court’s Newfound Hostility to Policy-Based Bivens Claims (Joanna C Schwartz, Alexander Reinert, and James E Pfander) The Inconsistent Originalism of Judge-Made Remedies Against Federal Officers […]