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The demographic transition is perhaps the most important event to occur in human affairs during the last 250 years, since the time of the enlightenment. It started in the countries of north-western Europe, and it has gone on to affect the rest of the world (Dyson 2009). Signified by the...
Persistent link: https://www.econbiz.de/10011122278
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...
Persistent link: https://www.econbiz.de/10012984000
This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...
Persistent link: https://www.econbiz.de/10012984004
This article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law...
Persistent link: https://www.econbiz.de/10012932516
This Comment considers the Adoption (Information and Tracing) Bill 2016. The aim of this Bill which, at the time of submitting to SSRN, has not been enacted but is in the process of being updated in line with GDPR will place the right of an adopted person to their birth and adoption information...
Persistent link: https://www.econbiz.de/10013234769
The Tulsa Race Massacre was and remains a dark and tragic disgrace for Oklahoma and the entire United States. Black citizens were killed, thousands were left homeless, and 35 blocks of the wealthy community known as Black Wall Street were burned to the ground during the attack. The accumulation...
Persistent link: https://www.econbiz.de/10013214904
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...
Persistent link: https://www.econbiz.de/10013245936
This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal's 2 symposium on a proposed right of publicity law in New York. The essay draws from my recent book, The Right of Publicity: Privacy Reimagined for a Public World, published by Harvard...
Persistent link: https://www.econbiz.de/10012914541
This paper is, in part, a response to the NZPGLeJ Editor-in-Chief Herman Salton’s article, “‘Veiled Threats?’ Islam, Headscarves and Freedom of Religion in France and the United States”, which was published in the first issue of this journal. However, it moves beyond Salton’s article...
Persistent link: https://www.econbiz.de/10014096066