Law - Journal Articles

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    Learning from medical litigation
    (American Society of Clinical Oncology, 2023-01-18) Forrest, Clara; Madden, Deirdre; O'Sullivan, Martin J.; O'Reilly, Seamus
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    An emergency of banking and of law: The resolution of Anglo Irish Bank
    (Irish Judicial Studies Journal, 2023) Lefeuvre, Elise; McCarthy, Jonathan
    The bank guarantee night and the fall of Anglo Irish Bank are landmarks of modern Irish history. The impact goes beyond Irish politics and economy. The example of Anglo Irish Bank represents a unique case of banking resolution with wide financial and legal implications which still resonate at EU level. In order to demonstrate the effects of the resolution, this article investigates the recapitalisation, the nationalisation, the merger, and the liquidation of Anglo Irish Bank. The analysis of debates, legislation, judgments, and banks’ financial statements allows for an understanding of how the resolution worked and why it was controversial. A central argument of this article is that recapitalisation succeeded in containing the scale of the Irish banking crisis, despite the significant costs, and that recapitalisation should therefore be treated as a relevant option for future banking resolution. The nationalisation, merger, and liquidation measures were equally necessary in restructuring the Irish banking sector. The article argues the merits of public resolution, especially as the State is able to impose measures swiftly in the best interests of the economy.
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    Can legal frameworks for disaster response be improved?
    (University College Cork, 2011-10) Cubie, Dug
    We are all familiar with images of search and rescue teams, medics, and engineers arriving to help after a disaster, such as following the March 2011 Japanese earthquake and tsunami or the massive floods in Pakistan in July 2010. In recognition of the devastating impact natural or human-made disasters can have on individuals and communities, an estimated US $7billion was spent globally in 2008 on emergency assistance including food, shelter and medical care. The mere words “Pompeii”, “Krakatoa” or “Chernobyl” conjure up scenes of death and destruction. So how can lawyers assist in disaster responses? Can legal frameworks for disaster response be improved? Cynics may say that things always get more complicated when lawyers become involved. Rules, regulations and red tape — surely all of these legal tools only delay vital life saving assistance? Yet legal practitioners at a national and international level are increasingly aware that we have a lot to contribute to ensure that humanitarian assistance is delivered efficiently and effectively to people severely affected by natural or human-made disasters. My research examines the evolving international legal mechanisms to facilitate the delivery of humanitarian assistance following disasters. Drawing on international humanitarian, refugee and human rights law, there is increasing discussion of a “right to humanitarian assistance”. Yet rights that are not enforceable are at best aspirational, so my research will determine whether such a right actually exists and what it might mean in practice.
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    Humanitarian assistance and international law (2019)
    (Brill, 2021-02-19) Cubie, Dug