The one overriding theme used to describe the modern Supreme Court is its revival of federalism. Ever since the New Deal era, federalism concerns had been largely absent from the Court's decisions. However, under the leadership of the late Chief Justice Rehnquist, the Court has attempted to...

Defining Speech in an Entertainment Age: The Case of First Amendment Protection for Video Games, argues that in a media society producing ever increasing amounts of entertainment the courts must closely examine the types of entertainment that qualify as protected speech under the First...

Examining the Due Process Rights of Government Employees in Light of the Public Employee Speech Doctrine examines the case law and rationale underlying the rule that public employment qualifies as property under the Due Process clause. Traditionally, the kind of property entitled to due process...

The International Trade Commission (ITC) has power under Section 337 of the Tariff Act to investigate goods that are being imported unfairly and are affecting a domestic industry. One type of unfair import is a good that violates U.S. intellectual property rights, including patents. Section 337...

This note considers the decision of the Irish High Court in Re Prendiville (1992) which dealt with the enforcement of half-secret trusts. It confirms, in a case where the point arose for decision, that Irish law rejects “the prior acceptance rule” favoured in the English cases. The judgment...

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...

This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...

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...

This article aims to present a critical view on the use of personal data in the current scenario of hyper-connectivity, bringing to the fore, as an alternative, the possibility of self-managing data, based on a concrete project. We will first present a panorama of privacy in the twenty-first...

As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...