The problem of the beneficial ownership of the family home has troubled courts throughout the common law world. It has proved extremely difficult "to unravel the tangled skein of human association, and apply to it considerations of legal principle." The Irish courts have had an unusually rich...

The work continues a larger project that supplies a detailed account of, and engagement with, important aspects of what transpired during the Supreme Court phase of the litigation in the LGBT Title VII sex discrimination cases. The larger project provides a deep context for understanding the...

For the past two and one-third years I have had the pleasure of working with the New York State Unified Court System to design and implement an online dispute resolution (ODR) platform. It truly has been an interesting, educational, at times character-building, and ultimately tremendously...

Considers the appropriate judicial approach to events after the death of the testator when a claim is made for increased provision on the basis that, under section 117 of the Irish Succession Act 1965, the testator has failed in his or her moral duty to the applicant child. (An approach...

This article surveys the development, over the last half-century, of the law in relation to trusts of the family home in Ireland. The focus on disputes over the beneficial ownership of the family home, the most important asset owned by many families, allows a consideration of the evolution of an...

Although federally- and state- chartered corporations function similarly, federal law privileges the former in at least one significant respect: their access to this nation’s federal courts. Pursuant to the language now codified in Section 1332 of the twenty-eighth title of the United States...

In the most recent few years, customary international law is increasingly crystalizing to affirm that states must grant nationality to children born in their territory, if they would be otherwise stateless. In prior scholarship, this author has argued that such a norm of a customary...

Even in school districts with relatively permissive approaches to defining and embodying gender, the identities of transgender and gender variant students are often governed by complex regulatory protocols. Ensuring that a student is able to live their gender at school can involve input from a...

This essay, originally presented as a talk at the Washington University School of Law in St. Louis on April 30, 2023, as part of the Midwest LGBTQ+ Rights Conference and the Washington University Public Interest Law & Policy Speakers Series, takes up the new intersectional and anti-racist...