Current Funding: Maynooth University John and Pat Hume Scholarship (2017-2021)
Biography: Siobhán graduated with a First-Class Honours Bachelor of Laws Degree (LL.B.) from Maynooth University in 2014. Siobhán attended the Honorable Society of Kings Inns and obtained the Barrister at Law Degree (B.L) in 2015 and she was called to the Bar of Ireland as a qualified Barrister. Siobhán proceeded to work in Dublin law firms for two years obtaining practical experience and exposure in multiple areas of law including family law, litigation and regulatory law. Siobhán returned to Maynooth University in September 2017 as a John and Pat Hume Scholar to conduct a PhD in the area of comparative criminology and youth justice.
Thesis Title: “Contrasts in Tolerance?”: A cross -sectoral analysis of punitiveness in the adult and youth criminal justice systems of Ireland, Scotland and the Netherlands 1990 – 2015.
Supervisor: Professor Claire Hamilton
Abstract: There has been much discussion on the increase of punitiveness or harshness in the criminal justice systems over recent years as demonstrated by the eightfold increase in imprisonment rates in the United States since the 1970s and significant increases in many western jurisdictions. This tendency towards a harsher approach appears to have been mirrored in the juvenile justice system, for example, the doubling of the population of children detained in the UK since 1993. One aspect of the debate which has arguably been under-explored in this regard is cross-sectoral variation within countries, namely, divergence in some countries between the adult and youth justice systems and a more consistent approach across the two sectors in other jurisdictions. This raises important questions about cross-sectoral ‘contrasts in tolerance’ and the determinants of these policies, including intriguing questions about the historical, cultural, economic, social factors preserving (or not) a distinct approach to youth justice in certain jurisdictions. This research will seek to answer such questions by conducting a case-within-a-case comparative case study on cross-sectoral punitiveness within the criminal justice systems of Ireland, Scotland and The Netherlands.
2019: Attendance and presentation at 19th Annual Conference of the European Society of Criminology in Ghent, Belgium. On a pre-arranged juvenile justice panel titled: Transitions: Juvenile Justice and Young Adult Justice.
Attendance and presentation at 12th North-South Irish Criminology Conference in UCC, Cork. Presentation of paper at both conferences: Measuring punitiveness in the adult, young adult and youth criminal justice systems.
2018: Attendance and presentation at 18th Annual Conference of the European Society of Criminology in Sarajevo, Bosnia and Herzegovina. Attendance and presentation at 11th North-South Irish Criminology Conference in UCD. On the Youth Justice Panel. Presentation of paper at both conferences: “‘Contrasts in Tolerance?’ Cross sectoral punitiveness in the adult and youth criminal justice systems”
Biography: Danielle graduated from Griffith College Dublin in 2014 with a Bachelor of Law degree, followed by a Masters in International Law in 2016. Her LL.M. thesis explored the transition from the Safe-Harbour Principles to the E.U.-U.S. Privacy Shield. In 2017, Danielle was invited as a guest lecturer to speak to the LL.M. class in Griffith College Dublin. Danielle was accepted into Maynooth University’s PhD in 2018 under the supervision of Dr. Noelle Higgins.
Supervisor: Dr. Noelle Higgins
Abstract: Danielle’s doctoral research examines how the right to culture is protected in transition from war to peace.
Publications: Danielle has published material in the Human Rights Consortium Blog hosted by the School of Advanced Study in the University of London.
Conferences: Danielle has presented research in Maynooth University’s 2018 conference on
“The Universal Declaration of Human Rights at Seventy; A Review of Successes and Challenges, 21st and 22nd June 2018”;
and in University of London’s 2019 Human Rights Research Students' Conference.
Name: John Cuffe
Current Funding: Maynooth University Studentship
John is a retired senior prison officer. Spent a number of years working with youth advocacy in diverting teenagers from the criminal justice system. John is a published author. His book, “Inside The Monkey House” an account of his life in the Irish Prison Service received critical acclaim nationally. Has on a regular basis contributed to crime related debate on RTE, Irish Times, Irish Independent and NewsCorp media. John currently is a research PhD student in Maynooth College Law Dept. He holds an BA Hons, MA and a Higher Diploma in Public Service Management.
Thesis Title: “A Critical Analysis of the Power and Effects of the Irish Prison Officers Association (POA) on the Irish penal field 1970-2020. Partners or inhibitors?”
Supervisor: Professor Claire Hamilton.
Abstract: Writing recently, Alison Liebling , one of the foremost scholars of prison research in the world, has argued “very few studies of the organisational behaviour and influence of prison officers associations exist-and yet-they have been, and continue to be, an inhibitor of reform in many jurisdictions”.
Whilst some excellent studies have emerged, most notably, Joshua Pages (2013) powerful account of the role played by the Californian Corrections Peace Officers Union (CCPOA) in shaping penal politics between 1957-2009, this statement remains relevant today. This gap in the research is particularly acute in Ireland where the impact of the Irish Prison Officers Association (POA) on the Irish penal field has been highly significant and where there has unfortunately been a lack of prison officer research more generally.
Publications: Inside The Monkey House. Collins Press now Gill.
Various articles in Irish Times as guest contributor. Likewise with Irish Independent, The Examiner and Western People newspapers.
Irish Research Council, Postgraduate Scholar (2016-2017)
Maynooth University, Ph.D. Scholarship (2014-2016)
Emma’s research interests revolve around public procurement legislation and the inclusion of social clauses in public contracts. Emma graduated with a BA in Economics, Politics and Law from DCU in 2007 and an MA in Development in 2009. Emma was employed as a legal research assistant from 2011 to 2013 on the Interreg EU funded “Winning in Tendering” project. Winning in Tendering was a strategic research project aimed at transforming the public sector tendering experience of small indigenous suppliers. Emma was responsible for assessing the impact of the EU Public Procurement Remedies Directive on small suppliers selling into the Irish public market. Over the last three years, Emma facilitated a variety of training programmes for public procurers and SMEs. Emma is a co-author of the Dublin Chamber of Commerce’s “Are tenders on your Radar” report and co-author on a social-enterprise orientated “How to Engage in the Public Sector Market” guidance document. Emma strives to re-examine the key ideas and assumptions that shape the production of knowledge in this arena.
Facilitating Small and Medium Size Enterprises in Public Procurement
Supervisor: Prof. Michael Doherty
Public bodies spend billions of Euro purchasing goods and services, making procurement an important lever for achieving societal goals. The research examines the relationship between public procurement and small and medium size enterprises (“SMEs”). Public procurement refers to the procedures by which public bodies purchase goods, services or construction works. The research questions to what extent the inclusion of social clauses in public procurement facilitates SME participation. Whilst SMEs represent 99% of all businesses in the EU, SMEs are disproportionately represented in public markets. SMEs are faced with administrative and financial barriers when competing for public contracts (European Commission, 2014). European Public Procurement Directives include a number of social clauses which encourage small business and social enterprise participation, such as the use of pre-commercial procurement, the permissible division of large contracts into smaller lots, use of local conditions and setting aside of certain contracts. The research investigates the extent to which the inclusion of social clauses in public contracts facilitates SME participation. Improving the relationship between SMEs and public procurement is intended to bring about increased value to the European economy, stimulate higher growth and increase job opportunities.
An Exploration of Management Competencies in Public Sector Procurement. McKevitt, D., Davis, P., Woldring, R., Smith, K, Flynn, A., McEvoy, E. Journal of Public Procurement. Fall 2012, Vol. 12 Issue 3, p333-355. 23p.
Mapping public procurement in Ireland. Flynn, A., Davis, P., McKevitt, D., McEvoy, E. Public Procurement Law Review (2013) P.P.L.R. 74.
Name: Claire McGovern
Current Funding: John and Pat Hume Scholarship 2017
Biography: Claire McGovern graduated from Maynooth University with a first-class honours LLB Degree in 2016. During her time at Maynooth Claire interned with the Legal Aid Board which first sparked her interest in family law and property matters. In her final year Claire was awarded the Walls & Toomey Family law prize for coming first in the Family Law Module and after graduation she worked as a legal intern with Walls & Toomey Solicitors for one year. In 2017 Claire was awarded a John and Pat Hume Scholarship to return to Maynooth and conduct her PhD studies in the area of property law and bioethics under the supervision of Dr Neil Maddox. Claire is actively involved within the Department of Law and has conducted undergraduate tutorials in Land Law.
Thesis Title: The extent to which gametes and embryos may be treated as property and the legal consequences of this
Supervisor: Dr Neil Maddox
The rapid advancements in biotechnology have inevitably led to legal conflicts. Nowhere is this more manifest than with the development of artificial reproductive technologies. For instance, the practice of cryopreservation enables medical practitioners to remove, freeze and store both reproductive cells and embryos ex vivo. However, this increased handling and subsequent preservation of human tissue poses a myriad of issues for judicial concern. Recent years have seen an increase in litigation, whereby the concerned parties dispute the status of both gametes and embryos for the purposes of either possession, control, use, disposal, or profit. At issue in these cases is whom shall have dominion over the relevant tissue. Moreover, the courts language of ‘possession’, ‘use’ and ‘disposal’ etc. is terminology which is commonly affiliated with the law of property. Animosity centred on the ownership of human tissue is only going to escalate within the coming years and as it stands, the precise legal status of both gametes and embryos remains unclear. In order to effectively resolve these conflicts the court must have an appropriate framework in which to work. Thus, the objective of this research is to examine the extent to which gametes and embryos may be treated as items of property and to explore the varying legal consequences of this.
Current Funding: Irish Research Council (Government of Ireland Postgraduate) Scholarship Scheme (2017-2019)
Biography: Rebecca Murphy graduated from Maynooth University with a double first-class honours degree in law and music (BCL). Since July 2015, Rebecca Murphy has been employed by the Courts Service as a judicial assistant/researcher for Her Honour, Judge Rosemary Horgan, and President of the District Court, who has extensive knowledge in all areas of family and child care law. Rebecca’s role as a judicial assistant/researcher has allowed her the opportunity to witness the realities and in some cases the distresses of family and child protection proceedings brought before the Dublin Metropolitan District (DMD) on a daily basis.
Thesis Title: Different Doors, Different Responses: Child Protection Mediation
Supervisor: Dr. Fergus Ryan and Her Honour, Judge Rosemary Horgan, President of the District Court
During the past two decades, courts and child welfare agencies around the world have begun to view the use of mediation in child protection cases as a more proportionate response in certain situations. Child protection mediation can offer a collaborative mechanism for parents and child protection services in achieving a just, cost effective and expeditious resolution of child protection proceedings in the best interest of the child. The aim of child protection mediation is not to determine whether alleged mistreatment of the child occurred (Barsky, 1999), but rather to reach a settlement agreement that will ensure the child’s safety and promote collaborative decision-making opportunities for the parties before adversarial solutions are imposed on the family (Eaton, Whalen, & Anderson, 2007, Edwards, 2009). In Ireland, child protection mediation has not been suitably explored or researched to determine its value, if any, in the protection of the child’s welfare. This research will examine child inclusive mediation with national stakeholders and the Irish judiciary; examine the systems operating in certain states of the United States of America and Canada, in which child protection mediation is increasingly recognised as an invaluable service; and determine whether the implementation of child protection mediation will aid child welfare and improve the quality of decision-making in child protection cases.
Publications: Rebecca Murphy has been involved in the completion of various Bench Books and Handbooks for the Irish Judiciary, most recently a Handbook on ‘Mental Health and Section 25 Applications’. All of these are published on the judicial intranet for judicial use.
Name: Anil Ozturk
Current Funding: Graduate Teaching Scholarship (Maynooth University; 2017-2022)
Anil has completed his undergraduate education in law at Bilkent University (Turkey), graduating with a B.A. in 2016. During his undergraduate education, Anil participated in the Erasmus exchange program and spent a semester in University of Dundee (Scotland, UK) in 2014, where his interests stemmed on the evolving nature of the legal theory.
Then, Anil has received an LL.M. degree in International and Comparative Law from Trinity College Dublin in 2017. His master’s thesis explored how pre-contractual liability is conceptualized in different legal systems and how it is addressed under European Private International Law.
Anil is fluent in English and Turkish, and has some knowledge of French and Latin.
Provisional Thesis Title: Beware of the Affable Stranger: Responding to the Legal Challenges of Social Robotics
Supervisor: Dr. Brian Flanagan
Abstract: This research aims to identify and explain the legal concerns that might arise with the integration of social robots in ordinary course of everyday life, to construe the ‘best practice’ in addressing the legal concerns around social robots, and to examine how such a best practice can be articulated in a manner consistent with the theoretical structure of current legal systems. When the multitude of the roles that social robots can serve is considered, it is no surprise that they are subject to numerous legal concerns that the current legal systems are not able to efficiently resolve. These include, but are not limited to: robots’ infliction (intentionally or negligently) of damage on third parties through their own intentional acts (Tort Law); possibility of robot agents’ acting without or exceeding their authority and causing financial ruin of their owners (Contract Law); performance of a criminal act by a robot without the criminal intent of the owner/designer and abuse/maltreatment of the robots with humanoid/zoomorphic physical embodiments (Criminal Law); disclosure of information to social robots, potential invasion of privacy by 24/7 surveillance, and manipulation through the interactions with the social robots. (Privacy and Data Protection Law) ‘Best practice’ for solution of the legal issues of social robotics, at this stage of the research, is considered to be a three-dimensional legal framework: (1) Giving social robots legal personhood, for the efficient and fair resolution of legal issues relating to the intentional acts of social robots; (2) Maintaining the vicarious liability where the intention/negligence of the manufacturer, designer, or user is the source of the legal issues; (3) Bringing standards in regards to privacy & data protection concerns, and enforcing strict product liability for the damages caused due to the breach of these standards.
Name: Fionn Toland
Fionn graduated in 2012 from Maynooth University with First Class Honours in Law & Politics. Subsequently he interned for two years as an Information Officer with the Free Legal Advice Centres (FLAC), an NGO which promotes the observance of human rights and access to justice. Whilst working with FLAC Fionn worked on various projects involving the dissemination of legal information to the general public.
In 2015 Fionn began a Master of Literature Degree in Maynooth University, transferring in his second year to the University’s PhD program.
Fionn’s research is concerned with the ways in which radical left political groups in Ireland engage with law and the legal system, with a focus on the ways in which human rights discourse is used by such groups. His work incorporates elements of both Marxist legal theory and Critical Legal theory and aims to apply these theoretical frameworks to an Irish context.
Fionn is also a member of the Dublin Tenants Association, a tenant support group which campaigns for tenants’ rights and aids tenants in resolving legal disputes.
Thesis Title: Radical Justice: An Analysis of the Engagement by Radical Left Groups with the Legal System in Ireland
Supervisor: Dr John Reynolds
Traditionally radical left groups in Ireland have viewed the legal arena as a site in which dominant ideologies are reproduced, therefore offering little opportunity for achieving political or social change through its structures.
The area of human rights has provided an exception to this view. However some on the left have criticised the concept of human rights due to its inability to deal with structural inequality and its tendency to individualise social struggle. These criticisms, it has been suggested, stem from the ways in which NGOs pursue human rights as primarily juridical claims.
This research project draws from Marxist legal theory and Critical legal theory, examining the claim that the legal system is a site of ideological contestation where competing social visions are put forward and therefore provides a space within which the dominant ideologies in society can be challenged through the use of legal discourse. The study will examine whether this site of ideological contestation can be used by radical left groups in order to achieve social and political change through legal practice.
An area of focus will be the differing ways in which social movements and NGOs make claims of human rights. The research will explore the way in which social movements claim rights ‘from below’ in order to examine whether their conception of rights can overcome the criticisms attributed to traditional models of claiming rights.
Name: Warsame Ali Garare
Before coming to Maynooth University, Warsame earned Bachelor of Law (LLB) from Dublin Institute of Technology (2011) and Master of Law (LLM) from University College of Dublin (2013). His master’s thesis examined ‘The Use of Detention in the Context of Asylum in the EuropeanUnion’. In it he explored the right to seek asylum versus territorial sovereignty of the state. Warsame is also a researcher and participant in the production of many socially engaged art projects as a co-founder and a member of the Global Migration Collective Research Group.
Thesis Title: Push /Pull backs: EU Extraterritorial Immigration Control (International law, State responsibility and Refugee protection)
Supervisor: Dr. John Reynolds
Abstract: The policy debate in the European Union has intensified amidst the rising number of irregular border crossings fuelled by global refugee crises and the increase of nationalist electoral victories. Often that debate avoids adequately addressing state responsibility regarding migration and the legally binding right to seek asylum. The main aims of this research project are to examine: (i) the implications of European external migration control for the protection of refugees and irregular migrants; (ii) how international refugee law and human rights law have responded to new EU measures; and (iii) the types of cooperation that EU and certain member states have sought with different external actors in the context of migration control, and to extent to which that has been shaped by international law's rules and gaps.
Name: Ethan Shattock
Current Funding: Graduate Teaching Scholarship (Maynooth University)
Biography: Ethan graduated with a Bachelor in Civil & Chinese (International) & from Maynooth University in 2016. Following this, he graduated with a first class honours LLM Masters in International Business Law in 2017. His first class honours LLM thesis was entitled “The Surveillance State in the United States and Europe: An Analysis of the Legislative Impact Arising from the 2013 Revelations by Edward Snowden.” Following internships with Transparency International and the Irish Council for Civil Liberties, he began his Phd research in 2018, and has since conducted tutorials in EU Law, Equity and Trusts and Contract Law. Ethan works under the supervision of Dr. Maria Murphy.
Thesis Title: A Legal Response to the Fake News Phenomenon: Adopting a Human Rights Approach in Order to Facilitate Democracy and Veracity
Supervisor: Dr. Maria Murphy
Abstract: The information rich environments of social media harness democratising potential. However, these environments also threaten democracy. A growing area of legal and political concern is the phenomenon of disinformation online, commonly referred to as fake news. The influx of disinformation on digital platforms has raised concerns about how anti democratic actors can exploit social media platforms to manipulate public opinion and illegitimately alter the outcome of elections. Elections are fundamental to the institutional framework of democracy, but also constitute an integral part of international human rights protections. Article 3 of Protocol 1 of the European Convention on Human Rights guarantees a right to free elections. As calls for robust regulation increase in Ireland and Europe, public policy responses should be sufficiently measures and guided by human rights in future efforts to curtail disinformation online.
In pursuing an approach guided by human rights, this research outlines the modern digital environment that spawns the current incarnation of fake news, and posits solutions grounded in human rights principles. In charting future regulatory responses to this problem, the roles of technological and governmental stakeholders are dissected, as well as the form and scope that balanced legal measures should adopt in light of contemporary technological challenges.
‘Future Visions for a Democratic Internet: Actors/ Norms/ Institutions’, University College Dublin (UCD), 27th June 2019.
'Conference on Transparency and Accountability in Law and Politics', Dublin Law and Politics Review, Dublin City University (DCU), 15th March 2019.
Name: Emer Shannon
Current Funding: Maynooth University, Internal Scholarship (2016- Present)
Biography: Emer Shannon received an entrance scholarship to Maynooth University in 2013. She graduated top of her class with a first class honours BBL (Bachelor of Business and Law Degree) in 2016. Emer was awarded a Taught Masters Scholarship from NUIM to complete her Dual Masters L.L.M in International Business Law in which she studied in the Catholic University of Lyon France. During her masters she undertook an internship with Community Law and Mediation which provides free legal aid, support and representation. Upon completion of her masters she was awarded an NUI Award of Excellence and a French Government Medal. Emer’s current research has been commended through the Matheson Scholarship, travel scholarships and the Collins Kitchin Fund. Emer is a tutor within the Department and has conducted tutorials in the Law of Evidence and currently tutors Company Law. Emer has also lectured in the modules of Media Law LW360 and Information Technology Law LW685. Emer also developed and delivered the MD306 Media Law module in 2018 for the Media Department. Emer is actively involved within the Department of Law adopting roles of outreach to secondary schools and to the Catholic University of Lyon.
Thesis Title: The global problem of image-based sexual abuse considered in the Irish context: An evaluation of existing legal responses with a focus on effective enforcement in the online environment, including through intermediary intervention.
Supervisor: Dr Maria Helen Murphy
Abstract: As technology and social media increasingly infiltrate daily life, the sharing of intimate images without consent – commonly known as ‘revenge pornography’ – has become a significant phenomenon. While there is momentum behind reform efforts to regulate the sharing of harmful digital content within Europe, the implications of legislative change are not currently being considered in a consistent manner. As the Irish Government is determined to regulate image-based sexual abuse in new ways, the necessity of a globally-informed and rights-conscious examination is clear. This project takes the Australian system – and its eSafety Commissioner – as the key comparator.
While the concept of image-based sexual abuse is not a new phenomenon, its spread has been facilitated by advances in technology. As reform efforts continue, enforcement challenges remain, and the debate on intermediary responsibility remains contentious. Various approaches have been adopted internationally, yet academic consideration of the issue in the Irish and European context is minimal. This research aims to address that gap by deriving lessons from the Australian experience, where an innovative system of redress and enforcement has been developed.
The immediacy of this research is clear. Remediating harm in the distributed world of the internet where both identities and jurisdictional boundaries are blurred is challenging. Europe currently struggles to implement a response which is both effective and rights conscious. This study will assess the potential role of ‘enforcers’ – both private and state sanctioned – to provide adequate redress for victims of image-based sexual abuse. This research draws on its study of international reform attempts in an effort to build on successes and avoid potential pitfalls. Through interviews with stakeholders and collaboration with local experts, this project will provide an in-depth analysis of the Australian eSafety Commissioner that will be used to inform policy recommendations in Ireland and the European Union.
• July 2019: Conference Paper and Presentation, ‘Following in Australia’s footsteps: Should Ireland solidify a decision to implement a Digital Safety Commissioner modelled off Australia’s eSafety Commissioner?’
• E. Shannon, ‘Is Ireland’s proposed Digital Safety Commissioner justified?’ RTE Brainstorm (2 May 2019)
• November 2018: Conference Paper and Presentation, ‘Self Regulation vs Governmental Regulation: What is Ireland's Response to Image-Based Sexual Abuse Following the Dispatches Revelations?
• March 2018: Conference Paper and Poster Presentation, ‘Remediating Victims of Revenge Pornography: Is the eSafety Commissioner a Solution?’
• September 2017: Maynooth University Law Department Nominee, Research Master Class with former President Professor Mary McAleese.
• E. Shannon, ‘Revenge Pornography in Ireland: Discussion of the proposed law and the direction it may take in the near future’ (2017) The King’s Inns Law Review VI, 60
• May 2017: Conference Paper and Presentation, ‘Captured in a Click: Revenge Pornography in Ireland’
• April 2017: Guest Lecture, ‘Revenge Pornography: A Global Issue’
• April 2017: Seminar Presentation, ‘Room for Improvement: An analysis of the Law Reform Commission’s proposals to combat Revenge Pornography’
• July 2016: Master’s thesis ‘Captured in a Click: An analysis of the Laws Governing Revenge Pornography’ which resides at Maynooth University Library
Name: Maria (Mariza) Avgeri
Current Funding: John and Pat Hume Doctoral Scholarship
Biography: I graduated from Democritus University Law Department in 2007. After that, I pursued my postgraduate studies at Vrije Universiteit Amsterdam, from where I obtained my Master in Science in Political Science with a specialization on International Relations and Transnational Governance. I wrote my thesis on the Europeanization of Greek asylum policies after the Dublin Convention. Following that, I worked for several years in the Greek Asylum Service both as a case worker and as a member of the Appeals' Committees. I am a qualified lawyer registered at the Athens Bar Association. I have engaged in several initiatives focusing on LGBTQI+ and migrant rights. My research interests involve refugee and migration law, gender, sexuality, gender identity and expression and the law, disability and transformative justice.
Thesis Title: A critical evaluation of gender-identity related asylum jurisprudence in Austria, France, Germany, Ireland and the UK based on an analysis of the European Courts' case law
Supervisor: Dr. Fergus Ryan
Abstract: This research project seeks to delve into current jurisprudence on gender-identity based asylum claims and critically evaluate the practice of Refugee Appeals' Authorities in selected European Union Member States' jurisdictions drawing also on related Case Law by the Court of Justice of the European Union and the European Court of Human Rights. In order for current challenges to be identified in the context of the theory and practice of Refugee Status Determination (RSD), the gender-identity related jurisprudence of the second instance asylum authorities of Austria, France, Germany, Ireland and the UK will be compared. Given that gender identity is a complex concept often articulated in heteronormative or medical terms, the refugee determination process will be analyzed in relation to the challenges but also the potential it provides for encompassing the experience of gender non-conforming asylum seekers. Contemporary developments in theories of gender identity will inform the analysis, as well as good practices in the evolving field of gender identity and Human Rights Law
Name: Niamh Wade
Current Funding: Irish Research Council Government of Ireland Postgraduate Scholarship
Biography: Niamh Wade graduated from Maynooth University with a first-class honours LLB Law Degree in 2017. During her undergraduate, Niamh was very involved with the Free Legal Advice Centre in the university. Niamh graduated with a first-class honours from the MA in Comparative Criminology and Criminal Justice in 2018 having received the Taught Masters Scholarship. Her thesis was titled: ‘A Critical Analysis of the Proposed Measures to Deal with White-Collar Crime and Corporate Manslaughter in Ireland: Plus Ça Change?’ During the MA, she completed an internship with the Irish Penal Reform Trust. In 2018, Niamh was awarded the John and Pat Hume Scholarship to conduct her PhD research project under the supervision of Dr Louise Kennefick. The research project is titled ‘A feasibility study on the introduction of a community court in Ireland.’ In 2019, Niamh was awarded the Irish Research Council Government of Ireland Postgraduate Scholarship to continue this research. Niamh conducts undergraduate tutorials on the Policing and Sentencing modules.
Thesis Title: 'A feasibility study on the introduction of a community court in Ireland.'
Supervisor: Dr Louise Kennefick
Abstract: The overall goal of the criminal justice system is the security of society and the reduction of crime, but applying prison sentences to low-level and non-violent offenders may inadequately address this aim. Jurisdictions with progressive criminal justice policies and initiatives are finding that a more individualised, community-based sanction issued with the underlying needs of the offender in mind can contribute more to public protection and crime reduction than a prison sentence. By focusing on the root cause of the individual’s offending, this rehabilitative approach to criminal justice claims to be more effective in attaining these aims. Certain regions of Australia and Scotland have set a best practice example of problem-solving justice with the introduction of community courts. These innovative courts aspire to provide offenders with the tools to successfully reintegrate into society. My research will examine the establishment and the perceived effectiveness of the existing community courts in the region of Melbourne in Australia and Aberdeen in Scotland. I will then assess whether the introduction of a community court would be beneficial within the Irish criminal justice system.
‘The Evolution of Penal Voluntarism in Ireland – A Qualitative Account’ - Dr Deirdre Healy, Dr Louise Kennefick and Niamh Wade (Forthcoming 2019)
Name: Ciara Finnegan
Current Funding: John and Pat Hume Scholarship
Biography: Ciara Finnegan received an entrance scholarship to Maynooth University in 2013. In 2017, she graduated with a first-class honours BCL International in Law and French. Ciara received a Maynooth University Taught Masters Scholarship in 2018-19 while completing an LLM in International Justice. During this time, Ciara undertook a research placement with Scholars at Risk, investigating denials of academic freedom globally. Ciara also contributed to the work of Scholars at Risk through the submission of incident reports, which she continues to do as a PhD student. Ciara was awarded the John and Pat Hume Scholarship in 2019 to undertake her PhD research in the area of International Humanitarian Law under the supervision of Dr. Noelle Higgins.
Thesis Title: 'Weapons on the Final Frontier: A Critical Analysis of the Weaponization of Space from the Perspective of the Principle of Humanity in International Humanitarian Law'.
Supervisor: Dr. Noelle Higgins
Name: Gerard Maguire
Current Funding: International Communities Organisation Research Scholar 2019
Biography: Before undertaking studies with the law department, Gerard graduated from Maynooth University with a degree in Anthropology and Spanish. He became a student of the law department in 2015 entering the LLM International Justice programme prior to commencing his PhD studies under the supervision of Dr. Noelle Higgins in 2016. During his studies with the law department he has acted as a Rapporteur for the Royal Irish Academy for their lecture series ‘Constitutional Conversations’ and has been part of a team of four students who took part in the Scholars at Risk Academic Freedom Monitoring programme. He has previously worked with Survival International on a research project focusing on the right to education of tribal children in their mother tongue. Gerard was appointed the 2019 recipient of the International Communities organisation Research Scholarship and is one of the founding members of The International Justice Network which is a collective of international researchers who work, study and support the advancement of International Justice. As of November 2019, he is a member of the management committee for An EU COST Action project relating to Global Atrocity Crimes and Justice Constellations. Currently, Gerard is teaching on the Maynooth University Critical Skills Programme under the Office of the Dean of Teaching and Learning.
Gerard’s research interests are in the areas of Public International Law, International Human Rights Law, International Humanitarian Law, and Genocide Studies. His current research focuses primarily on the rights of minorities and indigenous peoples.
Thesis Title: Educational Institutions and Indigenous Peoples; Haven of Progression or Catalyst for Cultural Genocide?
Supervisor: Dr. Noelle Higgins
Abstract: My research focuses on the crime of Genocide and Cultural Genocide in the context of indigenous peoples and the processes available for its prevention, prosecution and remuneration. It analyses how education systems in which many indigenous children, both past and present, have been instrumental in the destruction of cultural identity. This research will offer two case studies to highlight this danger, Canada and French Guiana. This research highlights the necessity for culturally appropriate curricula and the reality of dangerous education. Furthermore, this research offers a new insight into both the rights of indigenous peoples, the right to education and offers a new theory of understanding relating to evolution of the crime of genocide and cultural genocide to what is referred to in this work as ‘Result Based Genocide’.
Maguire, ‘Indigenous Peoples, a Challenge to the UDHR. In Higgins, Adanan, Doherty and Doyle (eds.), the Universal Declaration of Human Rights at 70; A Review of Successes and Challenges (Dublin: Clarus Press, 2019)
Maguire, A Genocide by Any Other Name; Cultural Genocide in the Context of Indigenous Peoples and the Role of International Law (2018) 4 Strathclyde Law Review Maguire, Cultural Genocide: A Legitimate Crime? Citizen's Rights Watch 10 (2018)
Maguire, Reflections of the UDHR at 70, MU Department of Law Research Bulletin 5 (2018)
Conference Paper ‘Individual versus Collective Rights; Indigenous Peoples as a challenge of the UDHR’ The UDHR at 70 Conference; A Review of the Successes and Challenges, Maynooth University (June 2018)
‘Constitutions, Referendums and Family’, Rapporteurs report Royal Irish Academy Conversation series 1 (2015)
Indigenous Peoples; Re-conceiving Sovereignty (2019)
Indigenous Languages and Self-Determination (2019) – Currently Under Review
The Legitimacy of Cultural Genocide in International Courts (2019)
• Maguire, “Academic Support for The Mature Student Journey” Union of Students Ireland, Maynooth University, November 2019)
• Maguire, “The Evolution of Genocide; A Theory on Result Based Genocide”, New Perspectives Postgraduate Symposium, October 2019, Maynooth (Humanities at the Precipice)
• Maguire and Higgins, “Enhancing the Participation of Indigenous Peoples at a UN Level; A Critique of UN Resolution 71/321”, SLSA, April 2019, Leeds • Maguire, “Hiding in Plain Sight; The Evolution of Genocide” Poster Presentation, SLSA, April 2019, Leeds
• Higgins and Maguire, “Language, Identity and Self-Determination” International Communities organisation, Chatham House, 18 February 2019 (Re-Thinking Self-Determination)
• Higgins and Maguire, “Resolution 71/321: Game Changer or Game Player?", BISA International Law and Politics Workshop, 19 November 2018, Glasgow (International Law Under Pressure)
• Maguire, “A Genocide by Any Other Name: Indigenous Peoples Cultural Livelihood”, New Perspectives Postgraduate Symposium, October 2018, Maynooth (Unseen Voices)
• Maguire, “Are Indigenous Peoples a Challenge to the UDHR?” June 2018, Maynooth (The Universal Declaration of Human Rights at Seventy; A Review of Successes and Challenges
Name: Muiread Murphy
Current Funding: Irish Research Council Government of Ireland Postgraduate Scholarship (2019-2023)
Biography: Muiread graduated from Maynooth University with a first class honours Bachelor of Laws Degree in 2017. On the basis of her undergraduate performance, she was nominated by the Maynooth University Law Department to participate in the Chief Justice’s Superior Court Summer Internship Programme in the Summer of 2017. In 2018, she completed a Masters in Arts Degree (Comparative Criminology and Criminal Justice), with first class honours. Muiread was awarded the Maynooth Alumni Scholarship to complete this Masters Degree. Her MA thesis explored the difficulties encountered in the identification of victims of labour trafficking.
Thesis Title: The Investigation and Identification of Severe Labour Exploitation: A Comparative Analysis
Supervisor: Dr. David Doyle and Dr. Clíodhna Murphy.
Muiread’s research will focus on State obligations relating to the investigation and identification of victims of severe labour exploitation, drawing on international, European and domestic law. For the purpose of this research, the concept of “severe labour exploitation” encompasses trafficking for labour exploitation, slavery, servitude and forced labour (EUFRA 2014). Through a combination of doctrinal and qualitative research, the proposed research will be novel in examining the difficulties associated with identification and investigation both in law and in practice, considering how criminal law and labour law approaches may be integrated more effectively to ensure comprehensive investigation and identification regimes.
‘I Felt Like She Owns Me’: Exploitation and Uncertainty in the Lives of Labour Trafficking Victims in Ireland. David M. Doyle, Clíodhna Murphy, Muiread Murphy, Pablo Rojas Coppari and Rachel J. Wechsler. (2019) 59(1) The British Journal of Criminology 231-251.