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Item ‘Credulous or the naïve?’ The Irish Department of Health’s response to commercial surrogacy(Oxford University Press, 2024-09-02) O’Connell, ClaireThis article explores the prohibition of commercial surrogacy as currently contained within the Health (Assisted Human Reproduction) Act 2024. The 2024 Act regulates surrogacy for the first time in Irish law and creates a framework for the recognition of intending parentage arising from surrogacy agreements. This article explores the safeguards for surrogates contained within the 2024 Act against the arguments generally cited by the Department of Health against commercial surrogacy—that of commodifying children and exploitation of women. It considers Irish case law on commercial surrogacy and that of the European Court of Human Rights. It also includes passages from the O’Connell Study which was conducted within the author’s PhD thesis. The article concludes that the refusal to recognize the legal parent–child relationship based on the commercial nature of the surrogacy agreement is a violation of the child’s right to respect for private life under Article 8 of the European Convention on Human Rights (the ECHR). It also finds that the Irish Courts have found no public policy reason strong enough to justify the refusal to recognize a foreign adoption order which followed a commercial surrogacy agreement. Primarily it argues that a commercial surrogacy agreement can be ethical; but requires sufficient safeguards for those parties involved.Item The legacy of COVID-19 financial supports: (1) - judging the effects of the pandemic-era measures(Sweet & Maxwell, 2024) McCarthy, JonathanAs the first of two articles for the Journal of International Banking Law and Regulation, this article considers the immediate effects of financial support measures implemented during the COVID-19 pandemic. The article describes the initial purposes of the assistance, explains the distinct phases of financial supports, and questions how the "success", or efficacy, of the measures can be quantified.Item The Family Law Clinic at UCC - Understanding the law, in the classroom and beyond(Northumbria University Library, 2020) Crowley, LouiseShulman extols the benefits of ‘empirical propositions’ emphasising the value of interrogating teaching approaches with a view to establishing evidence as to how students learn, and in turn crafting effective ways to teach. This article critically explores the design and assessment approaches adopted in the delivery of the Family Law Clinic Module at the Law School, University College Cork and interrogates the impact of these approaches on student learning. In carrying out this action research, the decision to utilise Universal Design for Learning as the underlying Scholarship of Teaching and Learning framework allows the pedagogical approach adopted to be deconstructed and critically examined. The capacity for student involvement in the teaching journey which is premised upon the ideology of learning and teaching as community property will be explored, both from a theoretical perspective and also from a socio-legal viewpoint. It will be shown that empowering the students to direct the module and assessment content serves to awaken their social awareness and their understanding of their role as pro-social contributors. Following an exploration of these aspects of SOTL thinking, the student learning experience will be explored through a number of qualitative research methods, namely individual student interviews post completion of the module, individual student reflective journals and the testimonial experience of external parties who utilise the Family Law Clinic research services. These approaches to understanding the student experience will serve to demonstrate the unique approach adopted in the Family Law Clinic that gives rise to a unique student learning environment and holistic student development.Item Mental Health Acts — Perspectives from mental health and law in Ireland and in Portugal(Brill, 2024-04-22) Moreira, Ana Lúcia R.; Whelan, Darius; Colón, Máximo F.; Fouto, Ana CaldeiraMental health legislation is a cornerstone to ensure that individuals with severe mental illness access proper care and treatment. Each country establishes their own legislation. We aimed to compare the Portuguese and Irish Mental Health Acts. We reviewed the respective MHAand the literature. While the definition of mental disorder is similar in general, who, where, when and how one can be detained differ. Judges decide on detentions in Portugal, while consultant psychiatrists may do so in Ireland. Community-based compulsory treatment is possible and used in Portugal while it is not possible in Ireland. Pros and cons of each approach are discussed with a reflection on the protection of human rights. Further theoretical and empirical studies comparing systems in different jurisdictions would be helpful to deepen our understanding of the legislation and guide on how to better serve individuals with severe mental illness.Item Judgment mortgages, co-ownership and registered land(Sweet & Maxwell/Round Hall, 1999-01) Mee, JohnConsider the situation where a judgment mortgage has been registered against the interest of one co-owner of a piece of real property (for example, against the interest of one of the spouses in a jointly–owned family home).1 Can this judgment mortgage be enforced by means of a sale of the property in question? This important practical question hinges on the jurisdiction to order a sale under the Partition Acts of 1868 and 1876, which in turn is dependent on the ancient law of partition. This article seeks to highlight an unexpected problem which arises in relation to registered land.