Dr. Brian Tobin

LLB., LLM., PhD

Contact Details

Lecturer Below The Bar
Law
Block T
School of Law
NUI Galway

T: +353 91 494356
E: brian.tobin@nuigalway.ie
 
researcher

Biography

I hold LL.B, LL.M and Ph.D degrees from Trinity College Dublin, and a Postgraduate Certificate in Teaching and Learning in Higher Education from NUI Galway. My Ph.D thesis examines the socio-legal assimilation of same-sex family structures in Ireland. The final year of my doctoral research was funded by an Arthur Cox Studentship.

I lectured at Trinity College Dublin, DIT, Independent Colleges and Kingston University London before joining the School of Law at NUI Galway in January 2014.

My primary research interests are in the areas of Family and Child Law, Gender, Sexuality and Law, Human Rights and Equity and the Law of Trusts. I have published articles on these areas in leading peer-reviewed journals such as the Irish Jurist, the International Journal of Law, Policy and the Family, and the Journal of Social Welfare and Family Law. I was the Equity correspondent for Round Hall’s Annual Review of Irish Law from 2007-2012 and I occasionally write 'Op-Ed' pieces for the Irish Times.

In April 2014, I was invited to Leinster House to provide expert legal opinion on the General Scheme of the Children and Family Relationships Bill to the Oireachtas Joint Committee on Justice, Defence and Equality.
 
I have a wide range of teaching experience in law. I have lectured Equity and Trusts at NUI Galway and Trinity College Dublin, Contract Law at NUI Galway and DIT, Company Law at DIT, Constitutional Law at Independent Colleges, Tort Law at Kingston University London and NUI Galway, and Business Law I & II at NUI Galway.

I am currently lecturing Family Law and Equity I to BCL and LL.B students, and Tort Law to BCL/B.Corp/LL.B students.



Research Interests

Family and Child Law, with a particular focus on emerging family forms and assisted reproduction and the law at present; Gender, Sexuality and Law; Equity and the Law of Trusts.

Peer Reviewed Journals

  Year Publication
(2015) ''First comes Love, then comes Marriage...': Allaying Reservations Surrounding Marriage Equality and Same-Sex Parenting in Ireland'
Brian Tobin (2015) ''First comes Love, then comes Marriage...': Allaying Reservations Surrounding Marriage Equality and Same-Sex Parenting in Ireland'. Irish Journal Of Family Law, 18 (1):9-13 [Details]
(2014) 'The Revised General Scheme of the Children and Family Relationships Bill 2014: Cognisant of the Donor-Conceived Child's Constitutional Rights?'
Brian Tobin (2014) 'The Revised General Scheme of the Children and Family Relationships Bill 2014: Cognisant of the Donor-Conceived Child's Constitutional Rights?'. Irish Jurist, 52 :153-162 [Details]
(2013) 'The Regulation of Cohabitation in Ireland: Achieving Equilibrium between Protection and Paternalism?'
Brian Tobin (2013) 'The Regulation of Cohabitation in Ireland: Achieving Equilibrium between Protection and Paternalism?'. Journal Of Social Welfare And Family Law, 35 (3):279-289 [Details]
(2012) 'Law, Politics and the Child-Centric Approach to Marriage in Ireland'
Brian Tobin (2012) 'Law, Politics and the Child-Centric Approach to Marriage in Ireland'. Irish Jurist, 47 (1):210-225 [Details]
(2012) 'Same-Sex Marriage in Ireland: The Rocky Road to Recognition'
Brian Tobin (2012) 'Same-Sex Marriage in Ireland: The Rocky Road to Recognition'. Irish Journal Of Family Law, 15 (4):102-106 [Details]
(2009) 'Same-Sex Couples and the Law: Recent Developments in the British Isles'
Brian Tobin (2009) 'Same-Sex Couples and the Law: Recent Developments in the British Isles'. International Journal Of Law, Policy And The Family, 23 (3):309-330 [Details]
(2008) 'EB v. France: Endorsing Un-Convention-al Families?'
Brian Tobin (2008) 'EB v. France: Endorsing Un-Convention-al Families?'. Irish Journal Of Family Law, 11 (4):78-83 [Details]
(2008) 'Relationship Recognition for Same-Sex Couples in Ireland: The Proposed Models Critiqued'
Brian Tobin (2008) 'Relationship Recognition for Same-Sex Couples in Ireland: The Proposed Models Critiqued'. Irish Journal Of Family Law, 11 (1):10-15 [Details]

Book Chapters

  Year Publication
(2016) 'The Regulation of Cohabitation in Ireland: Achieving Equilibrium between Protection and Paternalism?'
Brian Tobin (2016) 'The Regulation of Cohabitation in Ireland: Achieving Equilibrium between Protection and Paternalism?' In: Marital Rights. Aldershot: Ashgate. [Details]
(2013) 'Equity'
Brian Tobin (2013) 'Equity' In: Annual Review of Irish Law 2012. Dublin: Thomson Round Hall. [Details]
(2012) 'Equity'
Brian Tobin (2012) 'Equity' In: Annual Review of Irish Law 2011. Dublin: Thomson Round Hall. [Details]
(2011) 'Equity'
Brian Tobin (2011) 'Equity' In: Annual Review of Irish Law 2010. Dublin: Thomson Round Hall. [Details]
(2010) 'Equity'
Brian Tobin (2010) 'Equity' In: Annual Review of Irish Law 2009. Dublin: Thomson Round Hall. [Details]
(2009) 'Equity'
Brian Tobin (2009) 'Equity' In: Annual Review of Irish Law 2008. Dublin: Thomson Round Hall. [Details]
(2008) 'Equity'
Brian Tobin (2008) 'Equity' In: Annual Review of Irish Law 2007. Dublin: Thomson Round Hall. [Details]

Conference Publications

  Year Publication
(2014) Rights on the Move - Rainbow Families in Europe
Brian Tobin (2014) Same-Sex Couples and Legislative Proposals for the Regulation of Assisted Human Reproduction in Ireland . In: Carlo Casanoto and Alexander Schuster eds. Rights on the Move - Rainbow Families in Europe http://eprints.biblio.unitn.it/4448/1/Casonato-Schuster-ROTM_Proceedings-2014.pdf, , pp.233-240 [Details]

Other Journals

  Year Publication
(2010) 'Mandatory Interlocutory Injunctions: Recent Irish Developments'
Brian Tobin (2010) 'Mandatory Interlocutory Injunctions: Recent Irish Developments' Irish Law Times, 28 (13) :202-206. [Details]
(2010) 'Recognition of Canadian Same-Sex Marriage: Zappone and Gilligan v. Revenue Commissioners'
Brian Tobin (2010) 'Recognition of Canadian Same-Sex Marriage: Zappone and Gilligan v. Revenue Commissioners' Irish Human Rights Law Review, 1 :217-225. [Details]
(2007) 'Gay Marriage - A Bridge Too Far?'
Brian Tobin (2007) 'Gay Marriage - A Bridge Too Far?' Irish Student Law Review, 15 :175-196. [Details]
(2006) 'From Siebe Gorman to Spectrum: An Analysis of Charges over Book Debts under English and Irish Law'
Brian Tobin (2006) 'From Siebe Gorman to Spectrum: An Analysis of Charges over Book Debts under English and Irish Law' Irish Student Law Review, 14 :60-83. [Details]

Conference Contributions

  Year Publication
(2015) The Future of Registered Partnerships,
Brian Tobin (2015) The Future of Civil Partnership in the Republic of Ireland. [Invited Paper], The Future of Registered Partnerships, Cambridge, U.K , 10-JUL-15 - 11-JUL-15. [Details]
(2015) Irish Association of Law Teachers Annual Conference 2015,
Brian Tobin (2015) The Marriage Equality Referendum 2015: Constitutionally Mandatory or Politically Opportune. [Conference Paper], Irish Association of Law Teachers Annual Conference 2015, Galway , 27-NOV-15 - 29-NOV-15. [Details]
(2014) Rights on the Move - Rainbow Families in Europe,
Brian Tobin (2014) Same-Sex Couples and Legislative Proposals for the Regulation of Assisted Human Reproduction in Ireland. [International Refereed Conference], Rights on the Move - Rainbow Families in Europe, Trento, Italy , 16-OCT-14 - 17-OCT-14. [Details]
(2012) Irish Association of Law Teachers' Annual Conference,
Brian Tobin (2012) The Efficacy of Ireland's Cohabitation Regime. [National Refereed Conference Paper], Irish Association of Law Teachers' Annual Conference, Dublin, Ireland , 16-NOV-12 - 18-NOV-12. [Details]
(2014) Kingston Law School Research Seminar Series,
Brian Tobin (2014) Same-Sex Couples and Assisted Reproduction: Proposals for the Republic of Ireland. [Oral Presentation], Kingston Law School Research Seminar Series, London, U.K , 07-JAN-14 - 07-JAN-14. [Details]

Electronic Article

  Year Publication
(2015) Ireland may vote yes, but it never needed a referendum on same-sex marriage.
Brian Tobin (2015) Ireland may vote yes, but it never needed a referendum on same-sex marriage. London, United Kingdom: Electronic Article [Details]
(2015) Why Ireland should not have needed a referendum on gay marriage.
Brian Tobin (2015) Why Ireland should not have needed a referendum on gay marriage. London, United Kingdom: Electronic Article [Details]

Newspaper Articles

  Year Publication
(2015) No ill effects from being raised by same-sex parents.
Brian Tobin (2015) No ill effects from being raised by same-sex parents. Dublin: Irish Times: Newspaper Articles [Details]
(2015) Fine Gael and Labour's Approach to Marriage Equality was Crude, Uncertain and Politically Opportune.
Brian Tobin (2015) Fine Gael and Labour's Approach to Marriage Equality was Crude, Uncertain and Politically Opportune. Dublin: Newspaper Articles [Details]
(2014) Why Ireland needs to set up a sperm bank.
Brian Tobin (2014) Why Ireland needs to set up a sperm bank. Dublin: Irish Times: Newspaper Articles [Details]

Honours and Awards

  Year Title Awarding Body
2000 Entrance Exhibition Trinity College Dublin
2012 Arthur Cox Ph.D Studentship School of Law, Trinity College Dublin

Professional Associations

  Association Function From / To
Society of Legal Scholars Member /
Irish Association of Law Teachers Member /

Other Activities

  Description

Policy Development Pre-legislative scrutiny of the General Scheme of the Children and Family Relationships Bill 2014 at a meeting of the Joint Committee on Justice, Defence and Equality in Leinster House on 9th April 2014.Available at: http://www.oireachtas.ie/viewdoc.asp?DocID=25903&&CatID=127 Submission to the Joint Committee on Justice, Defence and Equality on the General Scheme of the Children and Family Relationships Bill 2014: http://www.oireachtas.ie/parliament/media/committees/justice/FINAL-Combined-Submissions.pdf 

Teaching Interests

Family Law                          (LW127)
Introduction to Child Law (CSS201) 
Equity I                                 (LW263)
Equity I                                 (LW360)
Tort Law                                (LW262)