Dr Eimear Spain
Eimear Spain is a Senior Lecturer in Health Law in a joint appointment between the Faculty of Education and Health Sciences and the School of Law.
Eimear’s research interests lie in health, criminal, constitutional and intellectual property law. One of her key interest areas is in the field of law and emotions which draws on disciplines such as neuroscience and psychology. She has published numerous books, book chapters and articles in the areas of health, criminal, constitutional and administrative law both nationally and internationally, including a monograph entitled ‘The Role of Emotions in Criminal Law Defences; Duress, Necessity and Lesser Evils’ with Cambridge University Press. Eimear has a strong track record in attracting funding from external agencies and has worked with important stakeholders including Cosc, The National Office for the Prevention of Domestic, Sexual and Gender-based Violence, the Department of Justice, An Garda Síochána, the Irish Prison Service and the Inspector of Prisons. Much of her research is interdisplinary in nature and she has secured grant funding with colleagues in obstetrics, midwifery, educational psychology and social psychology. She is a founding member and co-director of the Centre for the Understanding of Emotions in Society in the University of Limerick.
BA in Law and Accounting
PhD in Law
Monographs
• Eimear Spain, The Role of Emotions in Criminal Law Defences; Duress, Necessity and Lesser Evils (Cambridge University Press, Cambridge 2011)
Books, Special Editions and Edited Collections
• Eimear Spain and Jack Nicholas (eds) Sentencing in Ireland; Stakeholder Perspectives (Clarus Press, Dublin 2015) (forthcoming).
• Rhona Smith, Eimear Spain and Richard Glancey, Core Statutes on Public and Human Rights Law 2015-2016 (Palgrave Macmillan, Basingstoke 2015) Six editions for years 2010-2015.
• Richard Glancey, Eimear Spain and Rhona Smith, Constitutional and Administrative Law (Nutshells), (10th edn Sweet & Maxwell, London 2014) Co-author of the 9th and 10th editions, 2011 and 2014.
• Catherine O'Sullivan, Jennifer Schweppe and Eimear Spain (eds), Legislating for Article 40.3.3: Abortion Law in Ireland (Special Issue of the Irish Journal of Legal Studies, 2013)
Articles (Refereed Journals) and Book Chapters
• Eimear Spain and Timothy Ritchie, Engaging with Emotions in the Legal Profession. In Conway et al. (eds) The Emotional Dynamics of Law and Legal Discourse. (Hart Publishing, Oxford 2015) (forthcoming).
• Shane Kilcommins and Eimear Spain, Regulatory Crime. In Butler, M (ed), Criminal Litigation, 4th edn.(Oxford University Press, Oxford 2015) p15-45.
• Shane Kilcommins, Susan Leahy and Eimear Spain Paradigmatic Criminal Law: assumptions and commitments. In Gledhill, K (ed.), Criminal Law Pedagogy (Routledge, London 2015). (forthcoming).
• Rónán Kennedy, Jennifer Schweppe and Eimear Spain, 'Teaching Legal Writing Using the Web: Possibilities and Practicalities' in Ann Marcus-Quinn, Catherine Bruen, Miriam Allen, Aisling Dundon and Yvonne Diggins (eds),The Digital Learning Revolution in Ireland: Case Studies from the National Learning Resources Service (Cambridge Scholars Publishing, 2012) 115-130
• Jennifer Schweppe and Eimear Spain (2014) Interpreting "Life" in the Protection of Life during Pregnancy Act 2013. MLJI 20(2), 93-97
• Eimear Spain, “Love in Life and Death” (2013) 64 (1) NILQ 91-109
• Catherine O’Sullivan, Jennifer Schweppe and Eimear Spain, “Article 40.3.3 and the Protection of Life During Pregnancy Bill 2013: The Impetus for, and Process of, Legislative Change” (2013) IJLS 1-17
• Jennifer Schweppe and Eimear Spain, “When is a Foetus not an Unborn? Fatal Foetal Abnormalities and Article 40.3.3” (2013) IJLS 92-110
• Eimear Spain, “Pregnancy and Unwanted Third Party Interference: A Woman's Rights” in Jennifer Schweppe (ed), The Unborn Child, Art 40.3.3, and Abortion in Ireland: 25 Years of Protection? (Liffey Press 2008), 113-129
• Eimear Spain, “Duress and Necessity in Ireland: Reform on the Horizon” (2008) 18(3) ICLJ 70- 76
• Eimear Spain, “Vo v France: Reasonable Settlement or Missed Opportunity?” (2006) 2 IFLJ 16-20
Reports (published)
• Shane Kilcommins and Eimear Spain (2015) Deaths in the Custody of the Irish Prison Service (Limerick, IPS) (forthcoming).
• Eimear Spain, Sarah Gibbons and Shane Kilcommins (2014) Analysis of Text for the Final Review of the National Strategy on Domestic, Sexual and Gender Based Violence, 2010-2014 (Dublin, COSC), pp. 64.
Articles (Non refereed)
• Shane Kilcommins and Eimear Spain (2015) Pioneering Police Training. Garda Review 43(3). p4-5.
• Jennifer Schweppe and Eimear Spain, "Miscarriages of Justice in Ireland; A University of Limerick Student Project" (2012) 25(3) Education 28
Articles (Media)
• Shane Kilcommins and Eimear Spain, “Clear and ambitious vision of Ireland’s police training”, Irish Times, April 23rd 2015
• Eimear Spain, “Column: Families who assist their loved ones to die will continue to feel the full wrath of the law if it is not changed” The Journal, 13th December 2013
• Eimear Spain and Jennifer Schweppw, “Analysis: Draft abortion law has gaps which require clarification” The Journal, 1st May 2013.
• Eimear Spain “Column: Assisted suicide not permitted, but we still must find a humane path” The Journal 29th April 2013.
• Jennifer Schweppe and Eimear Spain “Analysis: Draft abortion law has gaps which require clarification” The Journal 1st May 2013
• Eimear Spain “Column: Legal clarity needed after Marie Fleming ‘right to die’ verdict” The Journal, 16th January 2013.
Conference Papers
• Eimear Spain, “Emotions and the Reasonable Man: Psychological and Philosophical Perspectives”, Sir Gerald Gordon Seminar 2015, Glasgow, June 2015.
• Shane Kilcommins and Eimear Spain, ‘Deaths in Prison Custody Capstone Course: Engaging Final Year Law Students in Service Learning & Public Value’, Legal Pedagogy in Transition Workshop, Limerick, April 2015.
• Shane Kilcommins, Susan Leahy and Eimear Spain “Paradigmatic Criminal Law: assumptions and commitments’, Criminal Law Pedagogy Workshop, Limerick , October 2014.
• Eimear Spain, Sarah Gibbons and Shane Kilcommins, “Priorities for the Next National Strategy on Domestic, Sexual and Gender Based Violence”, Stakeholder Consultation Day, Dublin Castle, November 2014.
• Eimear Spain and Tim Ritchie “Engaging with Emotions in the Legal and Mental Health Professions"(Congress of the International Academy of Law and Mental Health, Amsterdam, July 2013)
• “Priorities for the Next National Strategy on Domestic, Sexual and Gender Based Violence”, Stakeholder Consultation Day, Dublin Castle, November 2014.
• Eimear Spain, Rónán Kennedy and Jennifer Schweppe “Legal Writing and ICT” (Irish Clinical Legal Education Conference 2013, NUIG, Galway, April 2013)
• Eimear Spain “Judges and Criminals; Responding to “irrational Emotions”” (UL Psychology Seminar Series, Limerick, March 2012)
• Eimear Spain, “Love in Life and Death” (International Symposium on Emotion Regulation, Limerick, May 2012)
• Eimear Spain, Rónán Kennedy and Jennifer Schweppe, “Teaching Legal Writing Using the Web: Possibilities and Practicalities” (NDLR Symposium 2012, Limerick, September 2012)
• Eimear Spain and Jennifer Schweppe, “Encouraging Autonomy and Engagement in Fourth Year Law Students: The UL Miscarriages of Justice Project” (5th FAHSS Teaching Day, Limerick, September 2012)
• Rónán Kennedy, Jennifer Schweppe and Eimear Spain, “Teaching Legal Writing Using the Web: Possibilities and Practicalities” (10th Galway Symposium on Higher Education, Galway, June 2012)
• Eimear Spain, "Lessons from the Past: Compulsion and the Criminal Law" (Irish Association of Law Teachers Conference, Athlone, November 2011)
• Eimear Spain, ‘Towards a General Defence of Reasonable Emotional Response’ (Association for the Study of Law, Culture and the Humanities Conference, Nevada, March 2011)
• Eimear Spain, "Emotions and Voluntariness: Implications for Criminal Law Defences", (Irish Association of Law Teachers Conference, Limerick, November 2010)
• Eimear Spain, "Emotion and the Reasonable Man: An Exploration" (Association for the Study of Law, Culture and the Humanities Conference, Berkeley, March 2008)
• Eimear Spain, "Pregnancy and Unwanted Third Party Interference: A Woman's Rights" (Conference on Art 40.3.3 of the Irish Constitution, Limerick 2008)
• Eimear Spain, "Fear, Force and Crime; the complex relationship" (Congress of the International Academy of Law and Mental Health, Padua, June 2007)
• Eimear Spain, "Duress and Necessity in Ireland: Reform on the Horizon" (UCD Postgraduate Conference in Law, Dublin 2006)
• Eimear Spain, "The Application of Emotion Theory to the Criminal Law" Socio-Legal Studies Association Conference, Stirling 2006)
• Eimear Spain, "The Role of Emotions in Criminal Legal Theory" (Nordic Network for Psychology and Law Conference, Kristianstad 2005)
Seminar Papers
• Spain, E., “The Unitary Patent Package: challenges and opportunities for patent rights holders”, Holmes O'Malley Sexton Solicitors Lunch and Learn Seminar Series, Limerick, May 2014.
• Spain et al., “What to do with white collar wrongdoing?,” Seminar delivered to senior members of the Anti-Corruption Division of the High Court of Uganda, Limerick, August 2014.
• Spain et al., “Guest Speakers & the Student Learning Experience: the visit of Paddy Hill & Gerry Conlon to UL”, 7th FAHSS Teaching Day, Limerick, September 2014.
• Spain, E., “Medico-legal aspects of abortion”, 6th Annual Graduate Entry Medical School (GEMS) Research Forum, Limerick, January 2013.
• Spain, E., “Encouraging Autonomy and Engagement in Fourth Year Law Students”, UL Conversation in the Consortium Series, Limerick, November 2012.
• Spain et al. “Encouraging Autonomy and Engagement in Fourth Year Law Students: The UL Miscarriages of Justice Project”, 5th FAHSS Teaching Day, Limerick, September 2012.
• Spain, E., “Judges and Criminals; Responding to “Irrational Emotions””, UL Psychology Seminar Series, Limerick, March 2012.
• Spain et al., "Regulating Emotions", CUES Conversation, Limerick, March 2011.
2015 National Forum for the Enhancement of Teaching and Learning in Higher Education (with Dr. Kathryn O’Sullivan and Prof. Shane Kilcommins)
2014 COSC, The National Office for the Prevention of Domestic, Sexual and Gender-based Violence in the Department of Justice (with Prof Shane Kilcommins, UL and Sarah Gibbons, UL).
2013 Irish Research Council under the “New Foundations” (with Prof Joan Lalor, TCD and Jennifer Schweppe, UL).
2012 Irish Research Council under the “New Ideas” scheme (with Dr Roisin Corcoran, Yale University).
2012 Irish Research Council for the Humanities and Social Sciences to support PhD research
PhD Students (Including Co-Supervision)
Hope Davison, “Decision-making in dementia care: autonomy, capacity, and the legal doctrine of ‘informed consent”.
Mary Tumelty, “The spiralling costs, time delays and emotional burdens of medical negligence actions: exploring alternative dispute resolution as a means of ameliorating problems with traditional litigation”.
Richard Roche “Changed by the job - the effects that working in a prison has on prison officers”.
Carolanne Lynch, “Cyberbullying: Legal Responses to an Emerging Problem”.
Kevin Sweeny, “The changing nature of criminal investigative interviewing in Ireland”.
William D. Fenney, “The Changing of the Guard: Transformation of An Garda Síochána between 1980 and 2013”.
Dearbhaile Flynn, "The Normalisation of Extraordinary Powers in Ireland, the UK and the USA : The Emergence of the ‘State of Exception’ in Rule of Law Societies".