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. I was awarded funding for the final year of my doctoral research in the form of an Arthur Cox Studentship.

My primary research interests are in the areas of Family and Child Law, with a particular focus on the legal recognition of contemporary family forms and the position of children born via assisted human reproduction. I am also interested in Equitable Remedies 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 Thomson 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 (see http://www.oireachtas.ie/viewdoc.asp?DocID=25903&&CatID=127). 

In 2016, I was the sole 
organiser of a major interdisciplinary conference on surrogacy that brought together leading experts in the field with a view to forging a viable legal and policy framework for surrogacy in Ireland.
 
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 Family Law 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. In addition, I am the Class Advisor to Final BCL students.



Research Interests

Family and Child Law, with a particular focus at present on contemporary family forms and the legal position of children born via assisted human reproduction; Gender, Sexuality and Law; Equity and the Law of Trusts.

Peer Reviewed Journals

  Year Publication
(2016) 'Marriage Equality in Ireland: The Politico-Legal Context'
Brian Tobin (2016) 'Marriage Equality in Ireland: The Politico-Legal Context'. International Journal Of Law Policy And The Family, 30 (2) [Details]
(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]
(2010) 'Mandatory Interlocutory Injunctions: Recent Irish Developments'
Brian Tobin (2010) 'Mandatory Interlocutory Injunctions: Recent Irish Developments'. Irish Law Times, 28 (13):202-206 [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) '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
(2016) Surrogacy - Forging a Legal and Policy Framework for Ireland,
Brian Tobin (2016) Too Much, Too Soon: Ireland's Premier Surrogacy Proposals. [Conference Paper], Surrogacy - Forging a Legal and Policy Framework for Ireland, NUI Galway , 12-MAR-16 - 12-MAR-16. [Details]
(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]
(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]
(2012) Irish Association of Law Teachers Annual Conference 2012,
Brian Tobin (2012) The Efficacy of Ireland's Cohabitation Regime. [Conference Paper], Irish Association of Law Teachers Annual Conference 2012, Dublin, Ireland , 16-NOV-12 - 18-NOV-12. [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]

Media

  Year Publication
(2016) Surrogacy Q&A, Ireland AM, TV3 Ireland, 14th March 2016.
Brian Tobin (2016) Surrogacy Q&A, Ireland AM, TV3 Ireland, 14th March 2016. Dublin: Media [Details]
(2015) Ireland's Marriage Equality Referendum, News Pulse, Channel NewsAsia, 22nd May 2015.
Brian Tobin (2015) Ireland's Marriage Equality Referendum, News Pulse, Channel NewsAsia, 22nd May 2015. Singapore: Media [Details]

Newspaper Articles

  Year Publication
(2016) Pre-birth judicial approval could be surrogacy answer.
Brian Tobin (2016) Pre-birth judicial approval could be surrogacy answer. Dublin: Irish Times: Newspaper Articles [Details]
(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: Irish Times: 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]

Policy Contribution

  Year Publication
(2014) Oral Presentation to the Oireachtas Joint Committee on Justice, Defence and Equality on the Heads of the Children and Family Relationships Bill.
Brian Tobin (2014) Oral Presentation to the Oireachtas Joint Committee on Justice, Defence and Equality on the Heads of the Children and Family Relationships Bill. Policy Contribution [Details]
(2014) Submission to the Oireachtas Joint Committee on Justice, Defence and Equality on the Heads of the Children and Family Relationships Bill.
Brian Tobin (2014) Submission to the Oireachtas Joint Committee on Justice, Defence and Equality on the Heads of the Children and Family Relationships Bill. Policy Contribution [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 /

Teaching Interests



 

Modules Taught

  Term/Year Module Title Module Code Subject / Desc
2015/2016 Family Law LW127
2015/2016 Equity I LW360
2015/2016 Tort Law LW262
2015/2016 Equity I LW263