Dr Louise Crowley is a Senior Lecturer in Family Law at the School of Law, UCC and is the author of the leading Irish family law text, Family Law. Her research focusses on Irish domestic violence laws and services, the regulation of family formations and the impact of the divorce regulatory framework in Ireland. Louise is the Director of the LLM (Children’s Rights and Family Law) at UCC, which incorporates two clinical modules, allowing faculty and students to conduct research and develop initiatives to enhance the user experience in the Irish family law system. Separately, Louise has developed the Bystander Intervention blended learning programme at UCC which seeks to enhance awareness of the dangers of the normalisation of sexual misconduct and to empower students to actively challenge this behaviour. Louise was a member of the Expert Group that recently produced the National Framework to End Sexual Violence and Harassment in Irish Higher Education Institutions. Phone: 00 353 21 4903879
Collaborative law was developed originally in the United States, 1 and more recently has received... more Collaborative law was developed originally in the United States, 1 and more recently has received significant support from Irish family law practitioners. In essence its ultimate aim is not particularly novel–it seeks to encourage and facilitate the resolution of family law ...
Since the enactment of the Divorce Act in 1996, members of the Irish judiciary have been faced wi... more Since the enactment of the Divorce Act in 1996, members of the Irish judiciary have been faced with a number of difficulties regarding the interpretation and application of its provisions. This article considers the approach of both the legislature and the judiciary to the issues of clean break, pre-existing separation agreements and prenuptial agreements, and in so doing reveals their failure to recognize sufficiently the importance of existing agreements and highlights the dangers that are an inevitable consequence of the widely framed powers of the judiciary.
The aim of this presentation is to provide an insight into our experience of developing and deliv... more The aim of this presentation is to provide an insight into our experience of developing and delivering a summer programme which relies on innovative, technology-based teaching and learning to explore current issues in eLaw. The eLaw Summer Institute (ELSI), which is currently in its 6th year, is a valuable opportunity for students to acquire expertise in areas such as Electronic Commerce Law, Intellectual Property Law and Cyber Law.We will demonstrate the effectiveness of the use of technology within the legal curriculum of the Summer Institute, explore the challenges arising, and, the manner in which they have been met.Given that the subject-matter of ELSI concerns the interface between the legal system and development in information and communications technology, ELSI embraces technology in the delivery of the programme, including the more ‘traditional’ use of Power Point presentations and Blackboard, and the more innovative methods including the use of CDs to supply reading mater...
Shulman extols the benefits of ‘empirical propositions’ emphasising the value of interrogating t... more Shulman extols the benefits of ‘empirical propositions’ emphasising the value of interrogating teaching approaches with a view to establishing evidence as to how students learn, and in turn crafting effective ways to teach. This article critically explores the design and assessment approaches adopted in the delivery of the Family Law Clinic Module at the Law School, University College Cork and interrogates the impact of these approaches on student learning. In carrying out this action research, the decision to utilise Universal Design for Learning as the underlying Scholarship of Teaching and Learning framework allows the pedagogical approach adopted to be deconstructed and critically examined. The capacity for student involvement in the teaching journey which is premised upon the ideology of learning and teaching as community property will be explored, both from a theoretical perspective and also from a socio-legal viewpoint. It will be shown that empowering the students to direct...
The aim of this thesis is to assess the Irish regulatory approach to asset and wealth distributio... more The aim of this thesis is to assess the Irish regulatory approach to asset and wealth distribution upon marital breakdown, and to highlight the implications arising from the failure to articulate the social policy aims of such regulation. Whilst the main body of the thesis considers the regulatory approach of four distinct jurisdictions, it commences with a critical overview of the rules versus discretion debate in order to illustrate the nature and impact of different approaches to law-making. Thus chapter one incorporates both a theoretical examination of rule-based and discretion-based regulation and an examination of the significance of such regulatory approaches in the context of asset distribution on divorce. Chapter two provides a historical account of the elevated status of the marital family under Irish law and the implications for the manner in which the remedy of divorce was eventually enacted. Chapter three provides a critical analysis of the content and workings of the ...
Abstract: Since the enactment of the Divorce Act in 1996, members of the Irish judiciary have bee... more Abstract: Since the enactment of the Divorce Act in 1996, members of the Irish judiciary have been faced with a number of difficulties regarding the interpretation and application of its provisions. This article considers the approach of both the legislature and the judiciary to ...
Collaborative law was developed originally in the United States, 1 and more recently has received... more Collaborative law was developed originally in the United States, 1 and more recently has received significant support from Irish family law practitioners. In essence its ultimate aim is not particularly novel–it seeks to encourage and facilitate the resolution of family law ...
This article presents a historical overview of the regulation of the family under Irish law and f... more This article presents a historical overview of the regulation of the family under Irish law and focuses in particular upon the deep-rooted resistance to the remedy of divorce. In this context, it will demonstrate the elevated position of the marital family under Irish law and trace the attempts to recognise and provide for parties to a broken marriage, culminating in
Collaborative law was developed originally in the United States, 1 and more recently has received... more Collaborative law was developed originally in the United States, 1 and more recently has received significant support from Irish family law practitioners. In essence its ultimate aim is not particularly novel–it seeks to encourage and facilitate the resolution of family law ...
Since the enactment of the Divorce Act in 1996, members of the Irish judiciary have been faced wi... more Since the enactment of the Divorce Act in 1996, members of the Irish judiciary have been faced with a number of difficulties regarding the interpretation and application of its provisions. This article considers the approach of both the legislature and the judiciary to the issues of clean break, pre-existing separation agreements and prenuptial agreements, and in so doing reveals their failure to recognize sufficiently the importance of existing agreements and highlights the dangers that are an inevitable consequence of the widely framed powers of the judiciary.
The aim of this presentation is to provide an insight into our experience of developing and deliv... more The aim of this presentation is to provide an insight into our experience of developing and delivering a summer programme which relies on innovative, technology-based teaching and learning to explore current issues in eLaw. The eLaw Summer Institute (ELSI), which is currently in its 6th year, is a valuable opportunity for students to acquire expertise in areas such as Electronic Commerce Law, Intellectual Property Law and Cyber Law.We will demonstrate the effectiveness of the use of technology within the legal curriculum of the Summer Institute, explore the challenges arising, and, the manner in which they have been met.Given that the subject-matter of ELSI concerns the interface between the legal system and development in information and communications technology, ELSI embraces technology in the delivery of the programme, including the more ‘traditional’ use of Power Point presentations and Blackboard, and the more innovative methods including the use of CDs to supply reading mater...
Shulman extols the benefits of ‘empirical propositions’ emphasising the value of interrogating t... more Shulman extols the benefits of ‘empirical propositions’ emphasising the value of interrogating teaching approaches with a view to establishing evidence as to how students learn, and in turn crafting effective ways to teach. This article critically explores the design and assessment approaches adopted in the delivery of the Family Law Clinic Module at the Law School, University College Cork and interrogates the impact of these approaches on student learning. In carrying out this action research, the decision to utilise Universal Design for Learning as the underlying Scholarship of Teaching and Learning framework allows the pedagogical approach adopted to be deconstructed and critically examined. The capacity for student involvement in the teaching journey which is premised upon the ideology of learning and teaching as community property will be explored, both from a theoretical perspective and also from a socio-legal viewpoint. It will be shown that empowering the students to direct...
The aim of this thesis is to assess the Irish regulatory approach to asset and wealth distributio... more The aim of this thesis is to assess the Irish regulatory approach to asset and wealth distribution upon marital breakdown, and to highlight the implications arising from the failure to articulate the social policy aims of such regulation. Whilst the main body of the thesis considers the regulatory approach of four distinct jurisdictions, it commences with a critical overview of the rules versus discretion debate in order to illustrate the nature and impact of different approaches to law-making. Thus chapter one incorporates both a theoretical examination of rule-based and discretion-based regulation and an examination of the significance of such regulatory approaches in the context of asset distribution on divorce. Chapter two provides a historical account of the elevated status of the marital family under Irish law and the implications for the manner in which the remedy of divorce was eventually enacted. Chapter three provides a critical analysis of the content and workings of the ...
Abstract: Since the enactment of the Divorce Act in 1996, members of the Irish judiciary have bee... more Abstract: Since the enactment of the Divorce Act in 1996, members of the Irish judiciary have been faced with a number of difficulties regarding the interpretation and application of its provisions. This article considers the approach of both the legislature and the judiciary to ...
Collaborative law was developed originally in the United States, 1 and more recently has received... more Collaborative law was developed originally in the United States, 1 and more recently has received significant support from Irish family law practitioners. In essence its ultimate aim is not particularly novel–it seeks to encourage and facilitate the resolution of family law ...
This article presents a historical overview of the regulation of the family under Irish law and f... more This article presents a historical overview of the regulation of the family under Irish law and focuses in particular upon the deep-rooted resistance to the remedy of divorce. In this context, it will demonstrate the elevated position of the marital family under Irish law and trace the attempts to recognise and provide for parties to a broken marriage, culminating in
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