The first item in the Trinity College Dublin (TCD) news feed at present is the report that Professor Petros Florides was recently inaugurated as a Pro-Chancellor of the University of Dublin. This reminds me that I often hear the question: “what is the University of Dublin for?”. And in the context of NUI Galway, NUI Maynooth, UCC, UCD et al, I often hear the similar question: “what is the NUI for?” Answers to these questions usually focus on history. The Charter of 1592 which founded TCD established it as “mother of a university”; whilst the Irish Universities Act, 1908 consolidated many of the existing Irish universities and colleges into the National University of Ireland. However, these answers only tell us where the University of Dublin and the NUI came from. They don’t tell us what these institutions are for. Other answers focus on degree-awarding powers, commencements, graduations, university governance, elections, connections with alumni, and ancillary academic services, before trailing off into a slightly embarrassed silence. These answers certainly get closer to telling us what these institutions are for, but they don’t really offer a strong justification for their continuing existence or future relevance. I’m actually a fan of both; and I think that the University of Dublin is symbiotically integral to Trinity College Dublin.…
Harmonising Private Law
Professor Stefan Vogenauer (University of Oxford) (pictured left) will give the winter lecture for the Irish Society of Comparative Law (ISCL) at 5:00pm on Thursday, 11 November 2010, in the Swift Lecture Theatre, Room 2041A Arts Block, Trinity College Dublin (map here). His title is:
The Theory and Practice of Using Comparative Law in the Harmonisation of Private Law: the Case of Release of Contractual Rights.
Professor Vogenauer is Professor of Comparative Law at the University of Oxford, a Fellow of Brasenose College Oxford, and Director of the Oxford Institute of European and Comparative Law (IECL). His research interests lie mainly in the areas of comparative law, private law, international uniform law, European legal history and legal method. For his comparative and historical analysis of the interpretation of statutes in English, French, German and EU law, Die Auslegung von Gesetzen in England und auf dem Kontinent (Verlag Mohr Siebeck, Tübingen 2001, 2 vols), he was awarded the Max Weber Prize of the Bavarian Academy of Sciences and Humanities and the Otto Hahn Medal of the Max Planck Society in 2002, as well as the 2008 Prize of the German Legal History Conference. More recently, the Arts and Humanities Research Council (AHRC) awarded him approximately £350,000 to for a research project on ‘The Common Frame of Reference on European Contract Law in the Context of English and German Law’, which will explore the relationship between the recently published Common Frame of Reference and the contract laws of EU member states, as exemplified by German and English law.…
Hallowe’en lawyers
For the day that’s in it:
![]() |
![]() |
Finally, given Eileen Battersby’s piece in yesterday’s Irish Times about a house she was warned against buying, and eventually moved out of due to unexplained events, eerie happenings, and things that went bang in the night, see last year’s slightly more serious post: Have you bought a haunted house? Who you gonna call?…
Grading and marking, updates
First, to my posts on grading and marking, I must add a wonderful post by not that kind of doctor applying the Elisabeth Kübler-Ross model of five stages of grief – denial, anger, bargaining, depression, acceptance – to the process of grading papers! Wonderful (h/t efdel).
Second, in another grading and marking story, this time by way of comparison with my posts on Andrew Croskery‘s case against QUB, consider the case of a student who sued the University of Pennsylvania for awarding him a degree from their engineering college rather than Wharton School of Business: his misrepresentation and unjust enrichment claims failed.
Third, in one of my posts on the Croskery litigation, I analysed a similar recent case in the Ontario Court of Appeal: Jaffer v York University 2010 ONCA 654 (7 October 2010). There’s an interesting post on the case on the Canadian blog, The Court, This Student Isn’t Just a Number:
…(1) Universities: Now, Not-So-Independent Centres of Learning
Perhaps the most interesting and relevant aspect of this case concerns the Court’s finding that academic disputes grounded in contract or tort can be heard by the Superior Court of Justice in Ontario.
Is it unthinkable that an Irish university could go private?
Some time ago, I mused that Irish universities seeking the freedom to set their own fees might decide to “de-nationalise” and “go private” by means of a Unilateral Declaration of Independence, but I concluded then that it would never happen. Some time later, the old adage “never say never” proved itself once again, as I noted that the rector of Imperial College London suggested that Imperial, Oxford, Cambridge, the LSE and UCL should go private and form an independent US-style Ivy League. Earlier this year, Ferdinand von Prondzynski also speculated about this issue on his blog. Last week, things moved from speculation closer to reality: the Sunday Telegraph reported that Cambridge University is beginning to consider going private for precisely that reason, and the the Guardian yesterday reported that the LSE is doing likewise, amid fears a rise in tuition fees will not be enough to allow them to do what they already do let alone to compete with elite US universities. Of course, there are less drastic solutions, but the abolition of teaching grants for the humanities in the UK following the Browne Report might be the spur to this course of action:
…Andrew Oswald, an economist and professor of behavioural science at Warwick Business School, says … “I certainly expect to see a number of large private universities of the kind that can rival the best on the east coast of America in my lifetime,” ….
Today
From Hal’s Progressive Rock Blog, the poster for the San Francisco International Pop Festival-October 26, 1968 (FLAC):
![]() |
…
University Strategic Planning
From the consistently wonderful MacLeod Cartoons, a cartoon called ‘University Strategic Planning‘:
…
The Defamation Act, 2009 in the courts
I was on the radio station 4FM this evening, talking about the defamation action currently being taken by politician Michael Lowry against journalist Sam Smyth over comments Smyth made in an article in the Irish Independent newspaper last May and on TV3 last June. The comments concerned the travails of Lowry and businessman Denis O’Brien with the Moriarty Tribunal (which is enquiring into payments to politicians). At the time, O’Brien threatened to sue Smyth (but not TV3 or the Irish Independent), and now Lowry done precisely that (Irish Independent | Irish Times | RTÉ).
On 4FM this evening, Tom McGurk was particularly concerned with the tactic of suing the journalist but not the news organization, and the question of whether the journalist in such a case would have an indemnity. That indemnity would be a matter for the contract between the journalist and employer, and if there is no contract or it does not provide for an indemnity, then it will be up to the employer to decide whether to indemnify or not.
Suing Smyth but not TV3 or the Irish Independent does not seem quite so extraordinary in this case, since Lowry does not want damages, but only a declaratory order pursuant to section 28(1) of the Defamation Act, 2009 (also here) that the comments are false and defamatory.…