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Category: Irish Society

Blowins and Invasion of Privacy

17 January, 200723 January, 2007
| 7 Comments
| Freedom of Expression, Irish Society, Privacy

A Dublin family, the Grays, who moved to Ballybunion, Co Kerry, under the Rural Resettlement Programme, discovered the hard way just how confidential garda (police) records can be (or not). After their nephew had been released from prison, having served a sentence for rape, they took him in for a while. The local gardaí leaked this to the local media, and the wonderful welcoming people of Kerry not only shunned the family, but the public mood turned so nastily against the family that they suffered mental distress, anxiety and personal injury, and eventually had to leave their rural idyll. The Irish Times website reports that, in the High Court today, the family succeeded in their action for invasion of privacy against the state.

As TJ McIntyre points out, this is not the first time that the gardai have leaked information to the press and been found to have invaded privacy as a result. This raises a great number of issues, not only about privacy, but also about freedom of expression, and journalists’ sources.…

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Young Scientists and Visual Identification Evidence

11 January, 200713 January, 2007
| No Comments
| Irish Society

I am, alas, neither young nor a scientist, but someone in the family is both, and we spent this evening at the BT Young Scientist and Technology Exhibition at the RDS. Running since 1965, the exhibition is an annual competition for encouraging interest in science in Irish schools. This year’s exhibtion appealed hugely to the geek in me, as it always does. Media reports have focussed on the bebo projects featured in the photos, but there was far more to it than that: 500 competitors and whole host of supporting exhibitors, serving up a veritable feast for the eyes and mind.

I particuarly enjoyed a student web-radio station, a plagiarism detection tool, and two visual identification projects. …

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Pre-nuptial agreements: time for clarity?

29 December, 200620 January, 2007
| No Comments
| Contract, Irish Law, Irish Society

The Minister for Justice has announced the membership of Pre-nuptial Study Group, whose terms of reference will be

to study and report on the operation of the law since the introduction of divorce in 1996 with respect to pre-nuptial agreements taking into account constitutional requirements.

Quite frankly, the law in this area is seriously in need of reform. …

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The status of frozen embryos at Irish law

15 November, 200612 April, 2007
| 2 Comments
| Irish Law, Irish Society

By the eighth amendment to the Irish Constitution, adopted in 1983, Article 40.3.3 of the Constitution now provides:

The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

Yesterday, in a closely-watched case and a long-awaited decision, the High Court gave judgment on the question whether in vitro embryos constituted ‘unborn’ for the purposes of this provision. In MR v TR [2006] IEHC 359 (15 November 2006), McGovern J held that they did not.…

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Not to be overlooked

14 November, 200623 June, 2007
| 1 Comment
| Irish Law, Irish Society, Universities

Apart from the Baby Ann case, two other stories caught my eye, one relating to another judgment of the Supreme Court yesterday (my, they were busy!), the other relating to current controversies in third level education in Ireland.…

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Trinity study on Ageing

6 November, 200616 January, 2009
| No Comments
| Irish Society, Universities

The most ambitious study of ageing ever undertaken in Ireland was launched today in Trinity College Dublin by the Minister for Health. The Irish Longitudinal Study on Ageing (TILDA) has been made possible through a €4 million research donation from Irish Life and a contribution from The Atlantic Philantrophies.

There was some pre-launch positive press. …

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Welcome

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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  • Subrogation – and liens, charges, and other securities – after Promontoria (Oyster) DAC v Kean [2023] IECA 181 (17 July 2023)
  • Of stalking horses and dogs that did not bark: 303 Creative LLC v Elenis, standards of review, commercial speech, and the end of the beginning of the modern First Amendment
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