Material in this file consists of correspondence between Mary Robinson (MR), Senior Counsel, Gerard Durcan, Junior Counsel, and Kevin P Kilrane, solicitor for Bernadette Harvey (17/09/1986-13/01/1992) some of which includes photocopies of correspondence between Harvey and the Department of Social Welfare (31/07/1985-28/07/1986), memorandum from Gerry Whyte to MR suggesting two arguments in relation to case, 01/10/1986, Durcan's legal opinion on case 06/10/1986, and draft Statement, Affidavit and Notice of Motion (04/12/1986).
This case relates to unequal application of unemployment and pay-related benefit to married women in comparison with married/single men and single women. Tricia Lang was paid unemployment benefit and pay-related benefit for 312 days from date of initial payment, rather than 390 days which was applicable in case of married/single men and single women, she received a lower rate of payment of unemployment benefit than applicable for married/single men and single women and was only entitled to receive Unemployment Assistance on a more restrictive and discriminatory basis.
Case was adjourned, April 1990, on basis of offer of £500 to Tricia Lang and her husband in settlement of part of claim relating to unemployment assistance and ceiling on married couples, and adjournment of remainder of case and question of legal costs pending outcome of decisions in Cotter & McDermott and Emmott (P143/1/2/34). Final outcome of case unknown. See also P143/1/2/37.
Mary Robinson worked as Senior Counsel, and material is arranged across 2 files.
This file consists of case legal documents and handwritten case notes including copy of High Court Judicial Review between Patricia Lang and Robert Lang, Applicants and The Minister for Social Welfare and The Attorney General Respondence, before Mr. Justice Blayney, 16/03/1987; draft statement [1987?]; draft Affidavit of Tricia Lang [1987?]; draft Notice of Motion [1987?]; draft Affidavit of Sally Keogh, expert witness in relation to various provisions of Social Welfare Acts [1987?]; copy of Statement of Opposition [1987?]; copy Affidavit of Eoin O'Broin, Assistant Principal of Department of Social Welfare [1987?].
Case relates to retrospective claims following ruling in European Court of Justice in 1988. Ann Carberry claimed she was entitled to receive transitional payments given by the Irish Government after the European Community equality directive on social welfare treatment was implemented in 1986. Case was settled in 1991 but outcome unknown.
Mary Robinson worked as Senior Counsel (SC) on this case. However, once she was inaugurated as President of Ireland on 4th December 1990, it is unlikely she continued as SC. Material is arranged across 2 files.
This file consists of case documents (legal), handwritten case notes and research notes including copy of Notice of Motion, High Court Judicial Review between Theresa Emmott Applicant AND the Minister for Social Welfare and the Attorney General Respondents, 21/07/1988; copy of Affidavit of Theresa Emmott, with attached Exhibits referenced in Affidavit, 28/07/1988; draft Affidavit of Sally Keogh, expert witness in relation to various provisions of Social Welfare Acts [1988?]; copy of Statement, 21/07/1988; Proposed Questions for reference to ECJ [European Court of Justice], with cover fax to David Byrne, S.C. for Respondents, 20/11/1989; copy of Submission of Applicant to High Court to make reference to Court of Justice, [1989/1990?]; transcript [of High Court order?, 1990]; copy of Submissions of Respondents [1989/1990?]; draft Submissions to President and Members of the Court of Justice of the European Communities, 20/09/1990; draft reference and reference to the Court of Justice 12/07/1990; draft legal submissions with notation [1990?].
Material in this file relates to two cases Mary Robinson (MR) was working on simultaneously as Senior Counsel, both of which were v Minister for Social Welfare, and both of which were affected by the judgement in another case: Mrs Cotter & Mrs McDermott v Minister for Social Welfare. It is unclear from the limited documents on file whether this case was settled or went to appeal following the ruling of the Court of Justice in the Cotter & McDermott case. MR is elected President of Ireland prior to date of last correspondence in this file.
It consists of correspondence between MR and Aidan Reynolds, Gallagher Shatter solicitors and The Chief State Solicitor 21/08/1989-28/12/1990 and copies of plenary summons for both Austin & others v Minister of Social Welfare and Harvey & others v Min of Social Welfare, 20/05/1985.
Material in this file consists of correspondence between Mary Robinson and Blake Kenny solicitors, Galway who represented a Garage proprietor in Galway and includes brief, an extract from the Treaty of Accession to the European Economic Community and cover letter requesting her legal opinion (16/12/1982) and reply promising same (21/12/1982). No further documentation.
Kiki Camarena, Drug Enforcement Administration (DEA) special agent was kidnapped and murdered by a Mexican drug cartel in 1985. After an investigation, the DEA concluded that Humberto Álvarez-Machaín had participated in the murder. A warrant for his arrest was issued by a federal district court. The DEA, however, was unable to convince Mexico to extradite Álvarez-Machaín, so they hired several Mexican nationals to capture him and bring him back to the United States. His subsequent trial was appealed all the way to the Supreme Court, which found that the government could try a person who had been forcibly abducted, but that the abduction itself might violate international law and provide grounds for a civil suit.
Material includes email printout of correspondence between Harold Koh. Counsel of Record and Professor of International Law, Yale University, Benjamin Hensler, Yale University and Mary Robinson (MR) asking if she would serve as amicus curiae in a brief to be filed in case of Sosa v Alvarez-Machain, 11/02/2004; email print out of correspondence between MR, Koh and (Lord) Anthony Lester, Queen’s Counsel including printed attachment of draft brief 22-23/02/2004; print out of email from Koh to multiple recipients and attached pdf of copy of Brief of Amici Curiae International Jurists in Support of affirmance in Sosa v Alvarez-Machain, 28/02/2004; published Brief "No. 03-339 in the Supreme Court of the United States José Francisco Sosa, Petitioner, v Humberto Alvarez-Machain, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit Brief of Amici Curiae International Jurists in Support of Affirmance", 2004.
MR’s involvement in this case is as one of International Commission of Jurists and was amicus curiae.
Also included in this file is correspondence from Koh to MR in relation to another Amicus brief "Hamdi v Rumsfeld" which MR was happy to join as lead amicus, 18/10/2003-18/02/2004.
Material in this subsubseries relates to cases where Mary Robinson’s involvement was unknown, if it indeed existed.
File consists of letter from Richard Wolfe, City Solicitor, Limerick Corporation to Eleanor McPhillips, Treasurer, Irish Society for the Study and Practice of European Law, outlining problem Corporation had with a meat plant it had erected at considerable cost five years previously which needed to increase its throughput to make it viable but required an export licence which Government decided not to grant, and seeking advice on whether Corporation could challenge Government's decision as being contrary to European Economic Community (EEC) legislation, 19/01/1976; document "Export to EEC Countries of Frozen Carcase Meat", 18/02/1976 which gave advice; letter from Woulfe to Mr Hugh Fitzpatrick, thanking him for information he had sent [possibly copy of document, 18/02/1976?]; newspaper cuttings 18/02/1976.
Unclear from file what Mary Robinson’s involvement was.