'Saig in Machai Fothúaid': On the Application and Extent of ‘the Macha’ in North-west Armagh

The seventh-century Patrician documents in the Book of Armagh, and other early sources such as Bethu Phátraic, contain references to the toponym Macha, which has been identified by the Dictionary of the Irish Language with either the ecclesiastical centre of Ard Macha or the ‘royal seat’ of Emain Macha. This article examines the evidence for the name in the sources and illustrates that Macha applies primarily to the plain in which both Ard Macha and Emain Macha are located. It is to be identified with Mag Macha ‘the plain of Macha’, familiar to us from the Dindshenchus, and further evidence of the organic potential of a given toponym is witnessed in later sources where the plain is referred to as Mag/Machaire na hE(a)mna ‘the plain of Emain’ and Machaire Aird/Arda Macha ‘the plain of Armagh’. The extent of Macha is difficult to establish with certainty, but it seems very likely that it stretched north to the River Blackwater as well as south towards Slíab Fúait.

‘Making Older People Equal: Reforming the Law on Access to Education and Other Services’

Age-based discrimination in the supply of goods and services (including educational services) has only very recently been outlawed in the United Kingdom by the Equality Act 2010, the relevant sections of which have not yet been brought into force. This paper critically considers the Act and its implications, as well as the current proposal for an EU Directive on Goods and Services.The greatest immediate potential of the Equality Act lies in the general prohibition against age discrimination and the scope of the exceptions to it. The paper argues that exceptions permitting service providers to discriminate against older people (i.e. negative exceptions) should be very specifically set out in the reforming legislation.There should be no general defence to a claim of age discrimination based around the concept of ‘reasonableness’, which would not be consistently interpreted by courts and tribunals in a way that steers clear of traditional ageist assumptions and stereotyping.The paper argues that service providers should be permitted to discriminate in favour of older people (i.e. make positive exceptions) if the reason for doing do so satisfi es legislative criteria which are designed, amongst other things, to meet the particular needs of older persons or to promote social inclusion. Under this proposal, preferential treatment such as age-related concessionary fees for adult education courses and programmes would be lawful.

Enforcing Member State Compliance with EU Environmental Law: A Critical Evaulation of the Use of Financial Penalties

The 1993 Treaty on European Union finally closed a legal vacuum in
EU law, by giving the Court the power to impose financial penalties to
enforce compliance with its judgments. Today, this power is found
within Article 260(2) of the Treaty on the Functioning of the
European Union. Drawing upon case law, this article examines the
role that the Court’s enforcement powers have played in relation to
EU environmental law. It argues that EU law has yet to make full use
of their potential. The article commences with the Commission and
questions whether it has sufficient resources to carry out its functions
under Article 260(2). The article also examines the ongoing problem of
Member State delay in complying with Court judgments and the
weight given to environmental considerations in the Court’s decision
making on financial penalties. The article concludes by examining the
implications of the Lisbon Treaty.

Early modern Ireland and the history of the child

Analysis of public policy on the care of children and youth in nineteenth- and twentieth-century Ireland has generated a substantial historiography in recent years. By contrast there has been far less exploration of the state's attitude to young people in early modern Irish society. The historical dimension to the current debate on state care of minors is usually identified as beginning in the nineteenth century but the institutional custody of children originated in the sixteenth century. A central aim of this essay is to document the early modern context of public concern with children and youth in order to provide a more precise historical dimension to the contemporary debate.

The European Court of Human Rights and Domestic Violence

Domestic violence is an issue that affects vast numbers of women throughout the world. It seems to constitute a clear violation of at least three articles of the European Convention on Human Rights, however it has only been recognised as being a human rights issue relatively recently. Indeed, until 2007 domestic violence had not been directly addressed by the European Court of Human Rights. However, the Court has now addressed the issue in a series of recent cases. This paper discusses what positive obligations states parties to the Convention now have in relation to the issue of domestic violence. It proceeds to discuss the gaps in the Court’s jurisprudence in this area at present and how the case law of the Court may develop in the future.

Ant-lore in Anglo-Saxon England

Two Old English versions of a sunshine prognostication survive in the mid-eleventh century Cambridge, Corpus Christi College 391, p. 713, and in a twelfth-century addition to Oxford, Bodleian Library, Hatton 115, 149v–150r. Among standard predictions promising joy, peace, blossom, abundance of milk and fruit, and a great baptism sent by God, one encounters an enigmatic prophecy which involves camels stealing gold from the ants. These gold-digging ants have a long pedigree, one which links Old English with much earlier literature and indicates the extent to which Anglo-Saxon culture had assimilated traditions of European learning. It remains difficult to say what is being prophesied, however, or to explain the presence of the passage among conventional predictions. Whether the prediction was merely a literary exercise or carried a symbolic implication, it must have originated in an ecclesiastical context. Its mixture of classical learning and vernacular tradition, Greek and Latin, folklore and Christian, implies an author with some knowledge of literary and scholarly traditions.

New Technology and Researchers’ Access to Court and Tribunal Information: the need for European analysis

We discuss the limitations and rights which may affect the researcher’s access to and use of digital, court and administrative tribunal based information. We suggest that there is a need for a European-wide investigation of the legal framework which affects the researcher who might wish to utilise this form of information. A European-wide context is required because much of the relevant law is European rather than national, but much of the constraints are cultural. It is our thesis that research improves understanding and then improves practice as that understanding becomes part of public debate. If it is difficult to undertake research, then public debate about the court system – its effectiveness, its biases, its strengths – becomes constrained. Access to court records is currently determined on a discretionary basis or on the basis of interpretation of rules of the court where these are challenged in legal proceedings. Anecdotal evidence would suggest that there are significant variations in the extent to which court documents such as pleadings, transcripts, affidavits etc are made generally accessible under court rules or as a result of litigation in different jurisdictions or, indeed, in different courts in the same jurisdiction. Such a lack of clarity can only encourage a chilling of what might otherwise be valuable research. Courts are not, of course, democratic bodies. However, they are part of a democratic system and should, we suggest – both for the public benefit and for their proper operation – be accessible and criticisable by the independent researcher. The extent to which the independent researcher is enabled access is the subject of this article. The rights of access for researchers and the public have been examined in other common law countries but not, to date, in the UK or Europe.

Bad Faith in European Trade Mark Law

Analyses how the European Court of Justice has interpreted the EU law rules against the registration of a trade mark or Community trade mark by an applicant in bad faith. Reviews case law from the UK courts, Office of Harmonisation in the Internal Market and Community courts on the role of bad faith as a moral standard. Considers case law on the narrow interpretation of bad faith in view of other EU provisions limiting trade marks.